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California
Related: About this forumA private beach? In California? You've got to be kidding me...
...right?
http://www.mercurynews.com/breaking-news/ci_24380282/vinod-khosla-wins-key-martins-beach-battle
Wealthy venture capitalist Vinod Khosla scored a key victory Thursday in a legal battle over his decision to block the public from walking or driving to Martins Beach, a secluded cove on property he purchased in 2008....
The judge's ruling skirts the fundamental conflict between the rights of private property owners and the rights of Californians to access the shoreline. Instead, Buchwald rooted his decision in the land's history during the mid-19th century. Since there was no public easement attached to the property at the time the United States acquired California from Mexico, the judge reasoned, the question of whether the California Constitution now guarantees access to the beach is immaterial....
But the plaintiff's central argument stemmed from Article X, Section IV of the California Constitution, which holds that no one possessing the frontage of navigable water "shall be permitted to exclude the right of way to such water whenever it is required for any public purpose." The section requires the Legislature to "enact such laws as will give the most liberal construction to this provision" to ensure public access. ...
It remains unclear how Buchwald's ruling will affect the other lawsuit involving Martins Beach. That suit, brought by the Surfrider Foundation, contends that locking the gate to the road off Highway 1 constituted development under California coastal law, requiring a California Coastal Commission permit, which Khosla neither sought nor received. That case is slated for trial in the spring.
The judge's ruling skirts the fundamental conflict between the rights of private property owners and the rights of Californians to access the shoreline. Instead, Buchwald rooted his decision in the land's history during the mid-19th century. Since there was no public easement attached to the property at the time the United States acquired California from Mexico, the judge reasoned, the question of whether the California Constitution now guarantees access to the beach is immaterial....
But the plaintiff's central argument stemmed from Article X, Section IV of the California Constitution, which holds that no one possessing the frontage of navigable water "shall be permitted to exclude the right of way to such water whenever it is required for any public purpose." The section requires the Legislature to "enact such laws as will give the most liberal construction to this provision" to ensure public access. ...
It remains unclear how Buchwald's ruling will affect the other lawsuit involving Martins Beach. That suit, brought by the Surfrider Foundation, contends that locking the gate to the road off Highway 1 constituted development under California coastal law, requiring a California Coastal Commission permit, which Khosla neither sought nor received. That case is slated for trial in the spring.
Clearly the judge was jet-lagged, having just flown in from Boston where he umpired Game 1 of the World Series.
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A private beach? In California? You've got to be kidding me... (Original Post)
KamaAina
Oct 2013
OP
There was no public easement for any coastal beaches back then as far as I know.
Kablooie
Nov 2013
#6
Cleita
(75,480 posts)1. I thought all the beaches in California belong to the state.
I guess when it comes to venture capitalists and oil companies that inconvenient detail doesn't apply to them.
antiquie
(4,299 posts)2. Huh?
Since there was no public easement attached to the property at the time the United States acquired California from Mexico, the judge reasoned, the question of whether the California Constitution now guarantees access to the beach is immaterial....
Kablooie
(18,634 posts)6. There was no public easement for any coastal beaches back then as far as I know.
He basically is saying that the Constitution is irrelevant because lower laws should be followed even if they contradict the Constitution.
Auggie
(31,171 posts)3. That's bullshit. One could make that ruling on any California beach. Appeal!
SoapBox
(18,791 posts)4. Ah yes...the rich continuing to get whatever the want.
...hoping this will be stopped.
pinto
(106,886 posts)5. Suspect the Coastal Commission will win this case. They've won similar ones on the Central Coast.
Access to the coast can't be blocked. Some kind of accommodation has to be made. Locally, it's designated "paths" down to the beaches between private properties.