back to article Tech billionaire Khosla loses battle over public beach again – and still grants no access

Sun cofounder and billionaire venture capitalist Vinod Khosla has lost another legal battle over his efforts to shut off public access to a California beach – but still won't be required to let people onto it until a second lawsuit concludes. On Thursday, the California Court of Appeal agreed with the San Mateo Superior Court …

  1. tony

    EL Sol

    Reminds me of El Sol which is owned by the state, since 1974, but Disney has been fighting to prevent any access being constructed.

    Worth making the effort to get across to it when the tides right.

  2. Notas Badoff

    Over my dead body!

    So the guy has enough money to fund lawyers until he dies. Um, okay. So can we stipulate that when all the lawsuits fail and the public win, that he gets buried on that beach? He walked over everybody else, it seems fair play for everybody and their dog to walk over him (until global warming flushes the turd out to sea)

    1. StheD

      Re: Over my dead body!

      Great idea, except that I hope the dogs don't just walk over him, if you get my meaning.

      1. Mark 85 Silver badge

        Re: Over my dead body!

        Simples.... a small fence with a gate that's around the grave and sign "Dog must poop inside this fenced area".

    2. Mark 110 Silver badge

      Re: Over my dead body!

      He does sound like an utter total cunt

      1. Neil Barnes Silver badge

        Re: Over my dead body!

        He's trying to turn back the tide. Surely that makes him a Cnut?

        I suspect he's following the usual approach of 'what's the point of being rich if you still have to obey the little people's laws?'...

        1. Rich 11 Silver badge

          Re: Over my dead body!

          He's trying to turn back the tide. Surely that makes him a Cnut?

          Cnut was demonstrating to the sycophants, flatterers and bootlickers in his court that the king couldn't hold back the tide, something Khosla could learn from.

        2. Fatman Silver badge
          Joke

          Re: Over my dead body!

          <quote>I suspect he's following the usual approach of 'what's the point of being rich if you still have to obey the little people's laws?'...</quote>

          He must have taken a clue from Leona Helmsley.

    3. Ian Michael Gumby Silver badge
      Boffin

      @Notas Badoff Re: Over my dead body!

      It doesn't work that way.

      The previous owners screwed up in letting the public have access including putting up a storefront without having given an easement to the city to allow public access.

      Once an easement is granted, its very difficult to remove the easement. (Both parties have to agree.)

      So that would have avoided any of this mess.

      The other remedy would have been for the city to use eminent domain.

      They could easily do this an force Khosla to sell at market value. (Since the city sets the property taxes, they assess the value of the property.) So had Khosla said 500K and the city 380K, the city would have bought at 500K. (The legal costs would have exceeded the difference)

      In other states, when you have one property that is surrounded by another property where there is no viable access to the land, the other property owner has to grant you access.

      So while the beach is public property, Khosla's property surrounds the access to the beach. So the courts should have forced Khosla to grant an easement. Since they haven't done this... I guess its not a law in California.

      Khosla should have lost this by now, were it not for the political ambitions of the mayor who could have used eminent domain which the courts would have allowed.

      1. Danny 14 Silver badge

        Re: @Notas Badoff Over my dead body!

        How did the previous owner screw up? By having a storefront they didnt mind people having access. In fact they made it a business and sold the land onwards. The new owner is a douchebag with money who thinks he can do what he wants. However keeping things tied up legally shows he can do what he wants.

        1. Ian Michael Gumby Silver badge

          @Danny, Re: @Notas Badoff Over my dead body!

          The previous owner is the one who could have granted the easement. For some reason he didn't.

          The owner set up a shop and allowed access, however he didn't formally allow access so that when he sold the land, there is no reason why the next owner has to allow access to the beach.

          The rights the previous owner gave were not permanent. So that Khosla could close it down.

          Except that he couldn't due to the other laws outside of the property law. Which is what led to the lengthy legal battle.

        2. Fatman Silver badge

          Re: @Notas Badoff Over my dead body!

          <quote>How did the previous owner screw up?</quote>

          By not making that access a matter of public record. They granted it verbally, and allowed access while they owned the property; but their decision isn't binding upon successive owners unless it is in the public records.

    4. gandalfcn

      Re: Over my dead body!

      Maybe he doesn't want people to see his willy. or him kissing his boyfriend?

    5. Goldmember

      Re: Over my dead body!

      Since the Surfrider Foundation clearly has considerable funds at its disposal (they've already shelled out nearly half a million fighting him), if I were them I would set up a daily boat service from further down the coast, to Martin's Beach.

      A service with one of those "party boats" which plays loud, banging music and is full of rowdy drunk people. With bars, drinks promotions and all-night parties on the beach itself.

      May as well piss him off if he's insisting on tangling the matter in red tape for as long as possible.

      1. Anonymous Coward
        Anonymous Coward

        Re: Over my dead body!

        Just like in the Sopranos!

  3. Anonymous Coward
    Anonymous Coward

    I hope he is rewarded for his efforts

    Make of that what you may.

  4. Fan of Mr. Obvious

    Political catering

    If the California politicians treated this guy anywhere close to the way the treat others this would have been over before it started. The State of California has zero problems taking land (with or without buildings) away from citizens for things as meaningless as needing more parking yet this guy is given a pass.

    This guy knew how the property operated before he purchased it, and continued to keep it the same until he didn't. CA should tell him the truth, which is the original zoning commission screwed the pooch by not ensuring a right of way was included, then give him some pittance that he could care less about while you change the zoning, and move on. He retains ownership but does not get to keep his ill gotten private beach.

    (ill gotten "private beach," not land)

    1. Ian Michael Gumby Silver badge
      Boffin

      @Fan not so Obvious Re: Political catering

      Clearly you're oblivious to the law.

      I suggest you actually read up on Easements and rights of way. (Google can be your friend)

      Once an easement is given, its hard to remove. (It can, but in this case... it wouldn't happen.)

      The prior owner would have had to file for an easement that is then part of the property title. No easement, Khosla can be the grumpy old man yelling for the kids to get off his lawn.

      The city screwed up because they could have used eminent domain at any time. It has nothing to do with changing zoning laws.

      The fact that the mayor wants to be governor and doesn't want to piss off the ruling elite, that is the problem.

      The state of California screwed up because there apparently isn't any law that forces someone who owns the property surrounding another one to be forced to grant an easement of access to that property. This does exist in other states. Or if the law does exist, why it wasn't used by the plaintiff's lawyers.

  5. Anonymous Coward
    Anonymous Coward

    GET OFF MY LAWN

    Eventually he's going to run out of higher level courts and be thrown in jail. Whatever tricks he's done to separate his money from his taxes will make it easier for his money to continue working without him. He won't be as important or missed as much as he hopes.

    1. hellwig Silver badge

      Re: GET OFF MY LAWN

      I wish he could be thrown in jail, but the underlying premise seems to be that there's currently no law forcing him to provide access, and his only issue was not requesting a permit before altering the access to the beach. Even if all the lawsuits eventually reach finality and he is forced to open the beach, he won't go to prison. Lawsuits don't result in jail time, they're civil. He clearly has the money to handle any outcomes not in his favor.

      This is how the U.S. works. The rich do whatever they want, and if you complain, they drag the issues through the court systems until the plaintiffs or they themselves are dead.

      The rules don't apply if you have the money to circumvent them.

      Even if this were a criminal matter, you think he wouldn't just get parole?

      1. kain preacher Silver badge

        Re: GET OFF MY LAWN

        "he won't go to prison. Lawsuits don't result in jail time, they're civil."

        Ahem in the US we have a thing called contempt of court. Even in Civil trials you can have what's called criminal contempt of court and that can get you up to a year in jail.

    2. Ian Michael Gumby Silver badge
      Boffin

      @AC Re: GET OFF MY LAWN

      He won't be thrown in jail.

      He's buying time.

      The solution is for the city to use eminent domain. He'll use his lawyers to drag it out for as long as possible. A good lawyer and a friendly judge could short circuit that as well as the appellate courts.

      Kholsa knows he can drag it out and the case could languish for years.

      Khosla doesn't care about being important or missed. He's got his money and his friends.

      I agree that Khosla is going to lose in the end, but he's doing this out of spite.

      1. Charles 9 Silver badge

        Re: @AC GET OFF MY LAWN

        And since this is no skin off his nose, he also doesn't care if he gets stuck with a Vexatious Litigant declaration. He can pay the other side's legal fees just as easily and knows the mayor doesn't want to tick off the VERY influential residents with a gubernatorial election coming up. The mayor can't take the most direct action while they have him by the short-and-danglies.

        1. Ian Michael Gumby Silver badge
          Boffin

          @Charles 9 Re: @AC GET OFF MY LAWN

          So which comic book did you read and found the ad to send $5.00 to get a JD degree?

          I suggest that you actually learn the meaning of the term vexatious litigant.

          Khosla is the one being sued. He's not the person using the law to harass others. In fact he does have some law in his favor .

          Being forced to pay the opposing counsel's legal fees doesn't make you a vexatious litigant.

          They sued him and the legal costs could be considered in part the damages that they could claim.

          (It depends on the case and type of case whether or not you can collect for your legal fees.)

          Because of the ramifications by naming someone a vexatious litigant, courts loathe to use that term and find someone to be a vexatious litigant.

          The closest I've seen recently is a lawyer in Chicago who got in to a massive fight with his condo association over dogs, even to the point where his wife attacked a dog walker in an elevator and claimed she attacked her. You can find it in the Chicago Tribune. And yes I know some of the people involved.

  6. Steve Davies 3 Silver badge
    Happy

    I hope....

    that the SUN sets on this case soon

    Sorry, couldn't resist.

    1. Anonymous Coward
      Anonymous Coward

      Re: I hope....

      I was just going to say "boycott Sun equipment", but then i remembered we've all done that voluntarily already.

      1. onefang Silver badge

        Re: I hope....

        I was gonna make some pun about being denied Sun and surf, but couldn't think of one. Have an upvote for both of you.

  7. Vector

    I checked Maps and there's a harbor about 10 miles north of Martins Beach. Someone needs to fund a boat launch service to take people down to the beach and encourage the loudest, most obnoxious parties you can legally have there.

    1. Charles 9 Silver badge

      He'll just counter with Disturbing The Peace complaints, and this time he may have a case.

  8. DNTP

    Beat them enough and they'll learn.

    Wealthy landowners and companies in my area for too long were allowed to cut off public access to the riverfront, which is by law supposed to be public land and environmentally protected. Putting up illegal fencing, cutting down protected trees, building lawns and parking lots right down to the water. Every few years for the last few decades someone has decided to fight in court rather than voluntarily make amends, and gets hit with a five or six figure fine for their trouble.

    Things are getting better, but it took a lot of time. River's getting cleaner and more open in many places anyway.

    1. Charles 9 Silver badge

      And if they're masochists?

      Meaning beating on them just gets them off?

  9. Ian Emery Silver badge
    Mushroom

    All you really need

    Is an army surplus tank, a surf board and some suncream.

    Just keep knocking that gate down every time he gets it rebuilt.

    Hanker

    (please substitute a "W" for the "H" above, as I dont want to upset the sear filters).

    1. Chemical Bob
      Happy

      Re: All you really need

      Better option - let the California National Guard open things up permanently.

      1. kain preacher Silver badge

        Re: All you really need

        With exercises at 2 am with bright lights and loud bangs.

    2. Ian Michael Gumby Silver badge
      Megaphone

      @Ian, close but no cigar... Re: All you really need

      You trespass and you first get a ticket. Then after a while, you go to jail.

      You damage the property (e.g. knocking a gate down), you can be sued and also charged and go to jail.

      What you need are a couple of boats, some very large speakers and a copy of Wagner.

      Remember the beach is public property. What's to stop a group of people to show up at dawn coming in to the beach playing Ride of the Valkyrie and throwing a loud party?

      Khosla can call the police, but they would still have to get to the beach...

      If the city is sympathetic to the beach goers.. ;-)

      So what you really need is an LST or a duck.

      1. Charles 9 Silver badge

        Re: @Ian, close but no cigar... All you really need

        Even from public property, you still can't Disturb The Peace. As for the city turning a blind eye, there could be phone calls. Remember the gubernatorial election coming up.

        1. Ian Michael Gumby Silver badge
          Facepalm

          @Charles 9 ... Re: @Ian, close but no cigar... All you really need

          I wasn't being totally serious.

          You could do this a couple of ways legally.

          1) You could get a movie permit and film on the beach a remake of a scene from 'Surf Nazis Must Die' Or something along from the scene from 'Apocalypse Now'. Why? Because Khosla doesn't surf!. Just film it and put it up on YouTube.

          2) You could do it and if they ask you to turn it down, you do so. The police can't just fine you without first asking you to turn it down. Then, after being caught, you have a different group of people who weren't present the first day to host a party. And so on...

          3) You could get a permit to protest. Here there's the issue of your first amendment rights and your right to assembly as long as its peaceful. (Remember the beach is public property).

          So if you have a sympathetic person at City Hall, you can do it. Even still... have a BLM protest... (Beach Lives Matter)

  10. Jamie Jones Silver badge

    Arsehole

    What an arsehole. Maybe he should ask Chris Christie for help, he's into abusing the law to obtain private beach access too! http://edition.cnn.com/2017/07/03/politics/chris-christie-beach/index.html

    It's a weird story to me though - I live surrounded by beaches, and can't think of any beach in the UK where this could ever be an issue. People simply don't / can't own beach-side property - there's no access to block. Beaches are just "there", linked by common land

    1. Richard 12 Silver badge

      Re: Arsehole

      Not true.

      The Crown owns all the land below the high-water mark, so it's only possible for anyone else to own the land above that.

      There are quite a lot of private "upper beaches" in the UK.

      The main difference is really the "public rights of way". There are very few UK beaches that don't have long-established public rights of way down to the high water mark.

      The vast majority of those are older than the USA, and the Ramblers Assoc. fought a long legal battle a few decades aho to keep them.

    2. Ian Michael Gumby Silver badge
      Boffin

      @Jamie Jones. Re: Arsehole

      I don't think you understand the issue with Chris Christie.

      Because of budgets, there were no funding for the beaches so that they were closed.

      The issue was that Christie being the Governor could still go out and enjoy the beach with his entourage at the taxpayer's expense while no one else could set foot on the beach.

      To be clear, he was allowed to do what he did, however the optics were terrible.

      That said, the budget impasse was resolved and then everyone else could use the beach. Note that not all beaches were closed, some were still open.

  11. Kev99 Bronze badge

    Federal public lands law

    There's a public law from the 1880s that said all navigable waterways and the lands next to them were public property and could not be blocked.

    1. Ian Michael Gumby Silver badge
      Boffin

      @Kev99 Re: Federal public lands law

      And Khosla doesn't own the beach.

      Just the property surrounding the beach.

      So if you can get to the beach you can surf.

      I agree that there should be a statute in California law that would force Khosla to grant access.

      But there isn't.

      The city could use eminent domain.

      Khosla could sue if he believes that the price is too low. And he could keep it tied up in court for as long as he wants to, unless the city gets a sympathetic judge. The mayor didn't use eminent domain because he has poltiical aspirations and someone with a couple of billion dollars can buy influence to shut him down.

      Note: If I have miles of coast line and the first 500 feet of shore is public land, its the 501st foot that starts the private property. Of course one person couldn't buy all that land. However if its a cove, then its possible.

      1. kain preacher Silver badge

        Re: @Kev99 Federal public lands law

        Uh there is both state and federal law that saws he has to.

        1. Charles 9 Silver badge

          Re: @Kev99 Federal public lands law

          Screw the laws, he has enough money to keep the courts tied up for years. Plus I have friends the mayor doesn't want to piss off with a gubernatorial election coming up.

        2. Ian Michael Gumby Silver badge

          @Kain Preacher. Re: @Kev99 Federal public lands law

          I went back and looked. There are actually a couple.

          Even still, there's some wiggle room that would allow Khosla to fight it and depending on the judges, he could win until the city decided on using eminent domain.

          Even there. Khosla is setting himself up for a bigger headache. Imagine if the land was worth 10 million an acre. If his taxes were assessed at that rate, then he would see his taxes jump 25x his current tax rate until he appealed it.

  12. John Brown (no body) Silver badge

    temporary situations are exempt from permit requirements.

    Not wishing to defend the guy in any way, but on reading that I wonder if he could "temporarily" lock the gate between 5am and 10pm and have open access at all other times. He sounds nasty enough to try it.

    1. Jamie Jones Silver badge
      Happy

      Re: temporary situations are exempt from permit requirements.

      I'm sure the enterprising surfers would then arrange to - loudly - use it during those wee hours!

      1. TheElder

        use it during those wee hours!

        With extremely bright flash lights. It's all about avoiding Sharks, right?

        1. onefang Silver badge

          Re: use it during those wee hours!

          Or invite those sharks that have frikin' lasers mounted on their heads, and a few carefully aimed mirrors during the parties.

  13. whoseyourdaddy

    Despite a fondness for the purple workstations I own, it makes me happy this walking waste of oxygen is vilified in the Register for his selfish actions.

    Grabs popcorn...

  14. TheElder

    Alzheimers?

    Seems that Mr. Khosla must be forgetting what Mr McNealy said:

    "You have zero privacy anyway. Get over it."

    1. Ian Michael Gumby Silver badge
      Big Brother

      Re: Alzheimers?

      I think you're the one with Alzheimers.

      McNealy was talking about the little people Billionaires can afford to buy privacy.

  15. Captain DaFt

    The other guy

    Gavin Newsom seems to think all he needs to get elected is funding.

    Should've taken the lesson from the last presidential election that all the funding in the world doesn't help if you insist on pissing of the average voter.

    1. Charles 9 Silver badge

      Re: The other guy

      There's one thing worse than pissing off an average voter: pudding off a RICH voter, especially one rich enough to influence average voters. Trump is ONE of the rich, and he didn't really piss the rest of them off.

  16. Orv Silver badge

    Why doesn't adverse possession apply here? Is it because the use was permitted by the previous owner?

  17. MooJohn

    Boo Freakin' Hoo

    Who is volunteering to pay his legal costs when someone "falls" on that pathway? You can bet they'll file a six-figure injury lawsuit against him because he's "rich." Falling on that pathway could become a cottage industry.

    Why does the owner of a piece of private property owe ANYONE free travel across it just because they were allowed by a previous owner? Everyone freely admits the land carried no such covenants or restrictions on the deed. He isn't claiming ownership of the beach; he is saying to go around his land to get there. If someone wants to take a shortcut through your yard to reach the block behind you, you have to allow them? What if that shortcut was in your front door and out the back door? Don't you dare lock it - those people want to reach the beach!

    This is precisely the point of property ownership. Just because it would make people feel warm and fuzzy shouldn't mean he should be compelled to allow them onto his land. "Feelings" and "laws" are separate things. Property ownership means you can do more than just admire it from afar. If you don't want strangers traipsing across it, it's YOUR gate to close!

    California's state motto should be "What's Yours Is Mine" so naturally the socialists there are quick to demand that the mean ol' rich guy stop blocking those poor hippies from their salt water paradise. People are simply unable to separate their "big guy picking on the little guy" feelings from hard, legal facts. It sounds like the judge in that case was unable to do this as well.

    1. kain preacher Silver badge

      Re: Boo Freakin' Hoo

      Because state and federal law says he can not block access to to water way.

    2. John Savard Silver badge

      Re: Boo Freakin' Hoo

      The problem is that there is no access to the beach "around" his land. There should have been a right-of-way on his land, or more specifically, there was a historic right-of-way, but the state failed to inform him of the existence of that right-of-way in the documents he received when he purchased the land. And so the normal way in which this kind of matter is resolved is that he is monetarily compensated for the inadvertent fraud the state's bureau of land titles committed against him - and the right of way is opened.

      A right of way doesn't disappear simply because the land's previous owners forgot to tell the current owner about it.

      1. Ian Michael Gumby Silver badge
        Boffin

        @John Savard Re: Boo Freakin' Hoo

        Ok,

        Here's the thing. This is the complicated part.

        Khosla is correct in that there is no easement.

        So, specifically, the prior owner did not grant an easement to the city (public) which would have ended this issue when Khosla bought the property.

        There is no fraud on the part of the city, county or even state. There is no 'right of way' document. This is why Khosla has legal standing not to allow people to trespass on his property. If we were only dealing with an issue of an easement... Khosla would win. But there's more to it...

        There is a law however that forces Khosla to grant access to the beach because he has 'land locked' a piece of public land. (Actually there are a couple of laws which force him to grant access.)

        Khosla is also correct in that he faces unknown downside in terms of potential liability if someone is hurt on his property.

        The issue is that you have a couple of different laws at work and there is a conflict in how the laws are being interpreted. (Hence you either hash it out in a room full of lawyers or you go to court.) Khosla wants to keep people off the beach, so he's not going to cave. We know his position.

        The simple solution would be for Khosla to sell a strip of land to the beach. He could be forced to sell via eminent domain, however the mayor has political aspirations. Note that city offered $380,000 for the land, Khosla said it was worth 10 million. (He should be careful in what he asked... )

        What is being set up is that the city will use eminent domain, and Khosla will sue because he will claim the city is not giving him fair market value. Thus tying it up in court for a few more years.

        Here's where it gets interesting. 90 acres sold in 2008 for 32.5 million is $361,100.00 an acre. While I haven't seen the map, it sounds like the city wants to buy one acre for the access for $380,000.00 .

        On the surface it seems reasonable, given the price he paid. Even if you were to double it... its still far short of the $10 million Khosla countered with.

        IMHO if the city were to offer him $500,000.00 for the acre it would pass muster. (Meaning its over the fair market value. )

        Of course, here's the downside for Khosla.

        If he were to claim that the property was worth $10 million, and the city did pay that... then his other property (89 acres) would also be worth 10 million. So he should be taxed at that level. I don't know what the property taxes are in California, but you can bet he'll be seeing red for a while.

        If Khosla was smart, he would sell the land and be done with it. He has no upside.

        1. kain preacher Silver badge

          Re: @John Savard Boo Freakin' Hoo

          Ian Michael Gumby

          Just a few things. This is the state and Gavin is now the Lt gov . Ed Lee is the mayor of SF.

          THe Tax rate for property in California is .89 percent .

        2. John Savard Silver badge

          Re: @John Savard Boo Freakin' Hoo

          Ah, although he has land locked public land, there is no specific path across his property that has been made a right of way to that land. I can see how that would make it complicated.

          In some jurisdictions, rights of way are determined from common law, and so if a certain path across the property had been in use by the public since time immemorial, it would be a right of way without the need for a agovernment body to have created a right of way by legislative or administrative act.

          Also, if a court has ordered him to allow access, that should settle it: either he does so, posthaste, or he will be found in contempt, which tends to lead to jail time.

          The idea that one can have a legal obligation, and yet dilly-dally about fulfilling it without consequences seems strange. It should not matter how much money you have; no one is above the law.

    3. EveryTime Silver badge

      Re: Boo Freakin' Hoo

      Many places have sidewalks which the property owner is required to maintain, keep unobstructed, and clear of ice, snow, mud and debris.

      An easement to the beach is quite similar. The property owner only has liability if they fail to maintain the easement.

      Yes, it cost money to maintain. Yes, it infringes upon some idea of absolute ownership and privacy. That's part of the deal when living as part of society.

      1. MachDiamond Silver badge

        Re: Boo Freakin' Hoo

        A Right of Passage Easement likely does not have to be insured or explicitly maintained. If it's just an unimproved parking area and path to the ocean, there isn't anything to be maintained as is was unimproved to start with. Liability really gets lawyers hot and bothered when there is improved land and somebody gets hurt. Even if the person was trespassing and the site was obviously derelict.

        What did the Bard say about lawyers?

        1. Ian Michael Gumby Silver badge

          @MachDiamond... Re: Boo Freakin' Hoo

          You're right, there is nothing in the law that says that an easement has to be maintained, it just deals with granting passage.

          However... there's this thing called liability. Someone crosses your property and steps in a hole and twists an ankle, guess what? You will be sued. Improved or unimproved... you will still get sued.

          Even if you go to court and win, it still costs you money.

          Even if you improve the land... you will be sued.

          Which is why he would be better off selling the land to the city.

    4. Hollerithevo Silver badge

      Re: Boo Freakin' Hoo

      Ooooo, another John! Another Joh who rants at socialists. Gosh, however many Johns are there out there??

  18. Tejekion

    Why is this even an issue?

    I believe the landowner should either be continuously compensated for use of his property(As in rent for use of his property as access to the beach, as well any needed maintenance, etc for the use of the property.), or the state should build an alternate route to the beach in question. There. Problem solved!

    1. kain preacher Silver badge

      Re: Why is this even an issue?

      Tejekion they did not have a problem with him charging people to park. They blew their lid when he closed off access.

    2. Stevie Silver badge

      Re: Why is this even an issue?

      You missed the bit where the billionaire bought all the access, Tejekion?

    3. Dave 15 Silver badge

      Re: Why is this even an issue?

      Public rights of way in the UK do not require rent or repair, frankly I think this is a better system than applies in the case we are discussing. Compulsory purchase a wide strip across the land for peanuts (its worth little as its not farm land), build a road, footpaths and a large multistory car park. Clearly a positive environmental impact because this tosser will move.

  19. Jonathan 27

    "Lieutenant Governor Gavin Newsom killed that proposal out of fear that upsetting Silicon Valley billionaires would damage his chances to win the Californian governorship in 2018"

    This corrupt politician should be forced to resign immediately. The American voter's corruption tolerance is now so high their scumbags think they can get away with anything. Sadly I think that might be true.

    1. Charles 9 Silver badge

      Is it corruption to protect you self and safeguard your potential campaign? Is it corruption for a hodunk politician to refuse to pass a critical piece of legislation without some compensation demanded of his/her constituents?

    2. John Savard Silver badge

      Technically, that's not corruption. Corruption is when you secretly take bribes. If you openly follow policies that favor big business, in hopes that they may make contributions to your campaign, that's just politics. Voters can always vote for the other fellow.

      It is failing to act in the interests of the people in general. That, however, is properly left to the voters to punish because that is subjective. Maybe what's good for billionaires is good for the U.S.A..

  20. Winkypop Silver badge

    Simples

    Just arrive by sea

    1. EveryTime Silver badge

      Re: Simples

      Other people have suggested "just run a ferry service" or similar suggestions.

      This is California. It's effectively impossible to do that. Even if you were willing to do the extensive paperwork, any proposed service could be blocked for decades by the environmental impact court battles. Even replacing existing diesel commuter trains with electric, an unambiguous improvement, has been blocked by endless environmental impact court battles. The people in wealthy communities along the tracks freely admit they are doing it to block improvements rather than a concern for the environment, but that clear misuse of the law doesn't bother the court system.

  21. A_Melbourne

    Peasant

    They make peasants with big egos in Silicon Valley

  22. Howard Hanek Bronze badge
    Childcatcher

    He Needs an Award

    Americans have awards for everything. What about all those miserable SOBs who have demonstrated a notable contempt for lower life forms? George Soros should fund this. It's right up his alley.

    1. samzeman
      Joke

      Re: He Needs an Award

      He's too busy apparently funding all of the protests the left is doing, apparently. I love collecting my Soros money every month for requesting empathy from my government.

  23. Anonymous Coward
    Anonymous Coward

    >Although the surfing beach is public property, getting to it involves walking over part of a 90-acre plot of land that Khosla bought for $32.5m back in 2008.

    Careful now....that implies he's completely preventing access to the beach rather than simply obstructing one of many public thoroughfares.

    1. Charles 9 Silver badge

      The implication it's the ONLY thoroughfare because the beach is actually a cove: enclosed. The Pacific coast can be pretty rocky. Ask anyone along Highway 1 there.

      1. Anonymous Coward
        Anonymous Coward

        >The implication it's the ONLY thoroughfare because the beach is actually a cove: enclosed.

        There's a public road right to the shore front actually - it's a popular/busy beach, so I doubt the litigant ever sets foot on it.

        1. Charles 9 Silver badge

          If that were true, the suit would have no standing and be thrown out because the beach wouldn't be "landlocked". So something's amiss here.

  24. Stevie Silver badge

    Bah!

    So why has no-one thought to run a hovercraft service to the beach from somewhere accessible?

    1. Charles 9 Silver badge

      Re: Bah!

      Because the greenies would be all over them, claiming the buffeting of the water by the air jets will harm endangered whales or the like.

      1. Stevie Silver badge

        Re: Bah!

        Only a problem if you are charging money for the idea really.

        I was thinking more along the lines of having the surfer dudes run their membership up the beach by hovercraft, first having a noisy and sandblasty trip up and down the sand to make sure it is not mined or full of saltwater crocodiles.

        Ten or twelve passes each time should make all the annoying pests move out.

        FYI: Hovercraft have an air cushion, not air jets. The first greenie lawsuit would be thrown out on a technical technicality.

        1. Charles 9 Silver badge

          Re: Bah!

          No, because what FILLS the air cushion? That's the thing that's going to be pointed at as the threat to the water life and acoustic-sensitive sea creatures and whatnot.

  25. Dave 15 Silver badge

    Compulsory purchase

    It would be great if the state did a compulsory purchase of a chunk of land right next to his house for a multi lane road, footpath and beach side car park (multi-story for preference).

    Serve the egit right.

    I suspect it would be trivial and more humane for him to have sorted a suitable access for those wanting to get to the public beach. Just because he has managed to acquire some money doesn't give him the right to be a richard cranium or biological digested product outlet

  26. Joe Harrison Silver badge

    Nothing special anyway

    I managed to find my way (not easy) onto Escondido Beach in Malibu and was rather disappointed. I suppose nice if you have one of the houses but purely as a beach it is nothing much in comparison to your average Spanish one.

  27. JaitcH
    WTF?

    Ontario, Canada and VietNam have at least one thing in common . . .

    and that is the highest tide (yes the Great Lakes have impressive wind generated tides - even ice 'tides') govern the extent of privately owned beachfront land.

    In VietNam it's actually the highest tide plus one metre.

  28. Anonymous Coward
    Anonymous Coward

    He looks like a right w◾️◾️ker, to be honest.

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