Californians -is this true ? - GoFuckYourself.com

klinton · 05-14-2014, 12:17 AM

http://rt.com/usa/158752-billionaire...-beach-closed/

AdultKing · 05-14-2014, 12:27 AM

Quote:

Attorneys and environmentalists have spent years outraged that Khosla shut off public access to Martin’s Beach, a beloved cove near Half Moon Bay, Calif., after he bought the land around it in 2008.

http://www.forbes.com/sites/ellenhue...ach-testimony/

AsianDivaGirlsWebDude · 05-14-2014, 12:51 AM

The nerve of some billionaires...

Quote:

In 2008, Sun Microsystems co-founder and wealthy VC Vinod Khosla bought a beachfront property in California's Half Moon Bay for $37.5 million.

He promptly installed a locked gate and security guards on the only road that allowed access to the beach, barring the public from a popular hang-out spot for surfers, fishermen and picnickers, Romney reports.

Cliffs on either side block off this spot, known as Martin's Beach, so the road on what became Khosla's property was the only way in, unless you swim there.

He shouldn't be able to do that. Owners of beachfront property are required by California law to allow the public to get to the beach.

Naturally, lawsuits ensued and for one of them Khosla just came out the winner when a San Mateo County Superior Court Judge Gerald Buchwald ruled in his favor.

The judge ruled that because the land was part of a land grant in the 1848 Treaty of Guadalupe Hidalgo (upheld in 1859 by the U.S. Supreme Court), the land is exempt from the beach access state law.

The judge's logic? The land grant came before the California state constitution.

The people suing Khosla are going to appeal, but if this ruling stands, there could be all sorts of other wealthy landowners in California wondering if they can use the same rule to block the public from other beaches, too.

Mark Massara, an attorney for the nonprofit Surfrider Foundation, which has a separate lawsuit pending against Khosla, has asked the California Attorney General?s office to step in. He told the LA Times:

?It gets really absurd,? he said. ?Why not exempt all modern law? from applying to coastal rancho properties.

Massara used a different argument for Surfrider's lawsuit. He says Khosla needed to get a permit from the Coastal Commission to install that locked gate. As part of the suit, Khosla tried to get the judge simply to declare that he didn't have to allow the public to access Martin's Beach, but the judge refused to rule on that until Khosla got the permit. According Massara, Khosla still hasn't applied for a permit.

?If Khosla doesn?t agree with the Coastal Commission?s rules then he is free to sue the Coastal Commission. But if you don?t apply for a permit at all, then you?re just a violator,? Massara said.

Support the Surfrider Foundation: http://www.surfrider.org/campaigns/entry/open-martins-beach

ADG

TCLGirls · 05-14-2014, 01:00 AM

Quote:

Originally Posted by klinton

http://rt.com/usa/158752-billionaire...-beach-closed/

In general all ocean beaches, in almost every state in the USA, must have public access. There are no legal 100% private ocean beaches. The theory is based upon the "Public Trust Doctrine". You can read California's Public Truist Doctrine here: http://www.slc.ca.gov/About_The_CSLC...t_Doctrine.pdf

However, in practice, there have been many property owners who tried to make their backyard or front yard (which happens to be a beach) private by closing off pathways, putting up fences/gates/no trespassing signs, or just simply making the path way from the road to the beach very obscure and hard to find. This happens a lot around Malibu and Santa Barbara. And it doesn't seem like law enforcement is quick to reprimand those home owners.

klinton · 05-14-2014, 02:38 AM

Quote:

Originally Posted by TCLGirls

In general all ocean beaches, in almost every state in the USA, must have public access. There are no legal 100% private ocean beaches. The theory is based upon the "Public Trust Doctrine". You can read California's Public Truist Doctrine here: http://www.slc.ca.gov/About_The_CSLC...t_Doctrine.pdf

so it is the same like in rest of the world...

too bad that law enforcement IN THIS CASE doesnt work so well, like on some minor cases...

2MuchMark · 05-14-2014, 03:04 AM

Wow what a miserable life this guy must lead. Seriously. I feel sorry for him.

VikingMan · 05-14-2014, 05:49 AM

that aids patient looking old fuck probably never even sets foot in the ocean. Cunt

PornDiscounts-V · 05-14-2014, 06:07 AM

Sail a boat filled with loud brats to play in the sand in front of his house

L-Pink · 05-14-2014, 07:22 AM

If I owned the land I'd restrict access to everyone but women wanting to sun bathe nude.

.

AsianDivaGirlsWebDude · 05-14-2014, 08:00 AM

Quote:

Originally Posted by VikingMan

that aids patient looking old fuck probably never even sets foot in the ocean. Cunt

Vinod Khosla doesn't live at the Martins Beach location, he just owns the property, and he doesn't want anyone else to have access to the beach from his property (which is the only way to access the beach access, other than by ocean)...Khosla hosted a $35,000 a plate fundraising dinner for President Obama at his Portola Valley mansion awhile back, and I've seen photos of his massive Palo Alto mansion, listed as his primary residence (among numerous property holdings):

So far Khosla has racked up over $20 million in fines for blocking beach access - chump change for him, and it appears that he feels entitled to selfishly deprive Californian's of their coastline for years to come.

ADG

Rochard · 05-14-2014, 08:48 AM

Quote:

Originally Posted by AsianDivaGirlsWebDude

Vinod Khosla doesn't live at the Martins Beach location, he just owns the property, and he doesn't want anyone else to have access to the beach from his property (which is the only way to access the beach access, other than by ocean)...

But there is the catch right there... The only public access is through his property... Which means people have to trespass to get to the beach. On top of this, it makes him legally liable if something happens. I don't really care if it's a path, a trail, or even a dirt road, if it's on his property he can do whatever he wants with it. He's not closing the beach, just making difficult to get to.

Let's rent a boat and go down and party on the beach... (I'm not kidding really!)

F-U-Jimmy · 05-14-2014, 08:55 AM

Quote:

Originally Posted by L-Pink

If I owned the land I'd restrict access to everyone but women wanting to sun bathe nude.

.

Im with you on that

AsianDivaGirlsWebDude · 05-14-2014, 11:21 AM

Quote:

Originally Posted by Rochard

But there is the catch right there... The only public access is through his property... Which means people have to trespass to get to the beach. On top of this, it makes him legally liable if something happens. I don't really care if it's a path, a trail, or even a dirt road, if it's on his property he can do whatever he wants with it. He's not closing the beach, just making difficult to get to.

Simply owning property does not confer the right to do whatever you want with it. There are zoning laws, public access laws, health and safety laws, etc.

There was public access for to Martins Beach for several generations prior to Khosla purchasing the land. He then proceeded to close access to the public. This change in public access should have required a permit.

Quote:

The representative of the holding companies was made aware of the existing public access associated with the property prior to purchase of the property, and was also informed that closing or deterring access would be an activity that required a development permit from the County and Coastal Commission. (We learned this through discovery on our lawsuit...see video)

But, as powerful people are sometimes wont to do, the law was ignored and access was closed without benefit of a permit. Doubtlessly he reckoned that the only way that he would have to answer to these actions and forced to address this closure was through an enforcement action or a lawsuit brought against him.

Mr. Khosla was approached early on by Surfrider Foundation in hopes that the closure could be discussed and an amicable resolution to restore access could be reached, but alas Mr. Khosla was not responsive to this approach. Instead, he relied on his lawyers to respond, and the response more or less said that the court would need to decide. So Surfrider took him to task and sued for violation of the Coastal Act.

I expect the Surfrider Foundation to ultimately prevail.

ADG

crockett · 05-14-2014, 12:05 PM

I hope the little surfer kids that live near by egg his house relentlessly.

As far as public access to water.. If you want a real challenge try to get access to the many lakes and rivers within Texas. Never in my life have I visited a state where people can't stop chanting about freedom, yet have next to no public access land that you don't have to pay a fee to access..

Texas is just miles and miles of fenced off land with no trespassing signs, everywhere you go..

Creatine · 05-14-2014, 01:06 PM

California is a shit hole anyways.

klinton · 05-14-2014, 02:04 PM

sad things

_Richard_ · 05-14-2014, 02:06 PM

heard the chinese have increased land purchases by 500% in the past 6 months?

beach access is the least of their problems

xNetworx · 05-14-2014, 02:36 PM

Quote:

Originally Posted by Creatine

California is a shit hole anyways.

Where do you live?

Rochard · 05-14-2014, 02:47 PM

Quote:

Originally Posted by AsianDivaGirlsWebDude

Simply owning property does not confer the right to do whatever you want with it. There are zoning laws, public access laws, health and safety laws, etc.

There was public access for to Martins Beach for several generations prior to Khosla purchasing the land. He then proceeded to close access to the public. This change in public access should have required a permit.

I expect the Surfrider Foundation to ultimately prevail.

ADG

I disagree. If he owns the property where the trail is, he can do whatever he wants with it. He is not denying anyone access to the beach, just denying them the use of his property to access it.

TCLGirls · 05-14-2014, 03:17 PM

Quote:

Originally Posted by Rochard

I disagree. If he owns the property where the trail is, he can do whatever he wants with it. He is not denying anyone access to the beach, just denying them the use of his property to access it.

Even if a person owns a certain portion of land, if there is an easement on the land, the landowner can't summarily restrict access.

http://www.law.cornell.edu/wex/easement

05-14-2014, 12:17 AM	#1
klinton So Fucking Banned Industry Role: Join Date: Apr 2003 Location: online Posts: 8,766	Californians -is this true ? http://rt.com/usa/158752-billionaire...-beach-closed/

05-14-2014, 03:04 AM	#6
2MuchMark Videochat Solutions Industry Role: Join Date: Aug 2004 Location: Canada Posts: 49,283	Wow what a miserable life this guy must lead. Seriously. I feel sorry for him. __________________ Custom Coding \| Videochat Solutions \| Age Verification \| IT Help & Support www.2Much.net

05-14-2014, 06:07 AM	#8
PornDiscounts-V Confirmed User Industry Role: Join Date: Oct 2003 Location: L.A. Posts: 5,744	Sail a boat filled with loud brats to play in the sand in front of his house __________________ Blog Posts - Contextual Links - Hardlinks on 600+ Blog Network * Handwritten * 180 C Class IPs * Permanent! * Many Niches! * Bulk Discounts! GFYPosts /at/ J2Media.net

05-14-2014, 12:05 PM	#14
crockett in a van by the river Industry Role: Join Date: May 2003 Posts: 76,806	I hope the little surfer kids that live near by egg his house relentlessly. As far as public access to water.. If you want a real challenge try to get access to the many lakes and rivers within Texas. Never in my life have I visited a state where people can't stop chanting about freedom, yet have next to no public access land that you don't have to pay a fee to access.. Texas is just miles and miles of fenced off land with no trespassing signs, everywhere you go.. Last edited by crockett; 05-14-2014 at 12:10 PM..

05-14-2014, 05:49 AM	#7
VikingMan Exploiting human weakness Industry Role: Join Date: Jan 2008 Location: next to a salmon stream Posts: 6,531	that aids patient looking old fuck probably never even sets foot in the ocean. Cunt

05-14-2014, 07:22 AM	#9
L-Pink working on my tan Industry Role: Join Date: Mar 2005 Location: Florida/Kentucky Posts: 39,151	If I owned the land I'd restrict access to everyone but women wanting to sun bathe nude. .

05-14-2014, 01:06 PM	#15
Creatine Confirmed User Industry Role: Join Date: Apr 2013 Posts: 1,060	California is a shit hole anyways.

05-14-2014, 02:04 PM	#16
klinton So Fucking Banned Industry Role: Join Date: Apr 2003 Location: online Posts: 8,766	sad things

05-14-2014, 02:06 PM	#17
_Richard_ Too lazy to set a custom title Industry Role: Join Date: Oct 2006 Location: Earth Posts: 30,989	heard the chinese have increased land purchases by 500% in the past 6 months? beach access is the least of their problems