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0 pointstrhway10y ago0 comments

>Judge Buchwald found that the treaty, which settled the Mexican–American War, granted the 200-acre beach property to Jose Antonio Alviso before California's Constitution in 1879 established the public trust doctrine that preserved access to such areas for all state residents.

until there is a grandfathering provision, wouldn't be the point of new Constitution is to establish new rules which override the old ones?

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3 comments · 2 top-level

andymcsherry10y ago· 1 in thread

IANAL, but the treaty is federal law, which supersedes state law.

trhwayOP10y ago

then why would it matter that the treaty predates the Act? :

>Judge Buchwald ruled that the Treaty trumped the California Coastal Act because it predated it

cperciva10y ago

> the point of new Constitution is to establish new rules which override the old ones?

The Supremacy clause states that a treaty made by the United States takes precedence over the constitution of any individual state.

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