In Nollan v. California Coastal Commission, 483 U.S. 825, 107 S. Ct. 3141, 97 L. Ed. 2d 677 (1987), the California Coastal Commission conditioned the granting of a permit to rebuild an uninhabitable house on the creation of a public easement across the coastline abutting the home. 483 U.S. at 827-28, 831. The Supreme Court held the government had physically and permanently occupied private land when "individuals were given a permanent and continuous right to pass to and fro, so that the real property may continuously be traversed." Id. at 832.