Billionaire Khosla Is Asking the Supreme Court to Keep People Off His Beach
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Date: April 23rd, 2018 12:34 PM Author: ultramarine pit multi-billionaire
Billionaire Khosla Is Asking the Supreme Court to Keep People Off His Beach
The venture capitalist believes he has the right to cut off access to the waterfront at his California property—giving the public yet another reason to rage about tech industry leaders.
By
April 23, 2018, 4:00 AM PDT
The road leading down to Martins Beach near Half Moon Bay, California. Photographer: David Paul Morris/Bloomberg
Vinod Khosla is used to playing long odds on some of the startups he backs. Now, the billionaire venture capitalist is using a similar approach for another project: a legal battle over public access to his beach south of San Francisco.
Khosla, 63, believes he has the right to cut off the lone road to the waterfront at Martins Beach, a property he paid $32.5 million for a decade ago. State law says the public owns all coastline on the ocean side of the mean high tide line. Khosla says he shouldn't have to open up his private land without compensation to allow passage to the cove, which is buttressed by cliffs and impossible to reach otherwise except by water.
By the time he shut the gate in late 2009, surfers had been hitting the waves at Martins Beach for decades. When he cut off their access, a stream of lawsuits followed.
Martins Beach near Half Moon Bay, California.Photographer: David Paul Morris/Bloomberg
Taking a strong and unpopular position is vintage Khosla. His views on public beach access transcend the familiar world of venture capital and have made him the subject of widespread criticism. In coming months, he'll learn if the U.S. Supreme Court plans to take on the case.
Khosla's petition earlier this year to the highest court in the land raises the question as to why, in an era of enormous perceived arrogance by technology companies, Khosla is giving the public yet another reason to rage about industry leaders.
“It's a matter of principle, not whether the timing is right,” Khosla says about the case in an interview. “This is about unfairness, and I don't tolerate unfairness.” In a country based on rule of law, squelching the rights of property owners is just wrong, he adds.
“I've never seen anyone who needs a PR person more than Vinod right now,” says James Markarian, who once advised portfolio companies at Khosla Ventures and thinks highly of Khosla. “You need world class, the Johnny Cochran of PR.” Khosla says that at the advice of a top aide he recently met with a prospective public relations professional but decided against hiring her.
Public relations factor little into his motivation in general, even when the situation concerns a powerful financier seemingly trampling on the enjoyment of regular folk. Instead, Khosla's decision to take the fight to the Supreme Court reflects a man obsessed with winning and what he sees as fair play.
‘I Push Them To The Edge’
Khosla’s determination dates from at least his earliest days in Silicon Valley. Originally from Delhi, Khosla came to the U.S. for a master's degree in biomedical engineering at Carnegie Mellon University. He then applied to Stanford University's Graduate School of Business, which rejected him.
Bent on getting in, Khosla lobbied school officials, first sweet-talking his way onto the waitlist, and then making a series of calls to the head of admissions saying he would take the spot of whichever admitted student didn't show up. He won entry two days before classes began.
Vinod KhoslaPhotographer: David Paul Morris/Bloomberg
Khosla has been in Silicon Valley ever since, working at a design-automation company, Daisy Systems, and then co-founding Sun Microsystems, the computer services company behind the programming language Java. Sun's 1986 initial public offering cemented his fortune, building on a payout from the Daisy IPO earlier.
When he started his eponymous venture firm in 2004, Khosla was winding down a nearly two-decade run at Kleiner Perkins Caufield & Byers, known for early investments in Amazon.com Inc. and Google. Along with his successes there, such as backing Juniper Networks, he built a reputation as a venture capitalist with a very particular style.
Some entrepreneurs complain that Khosla enjoys driving hard deals compared with other venture capitalists over valuations of their companies. Khosla disagrees strongly, saying he just doesn't like bargaining and equating it with playing games. “I decide what's fair,” he says. “They can do it or not. I don't go back and forth six times.” But he can be disarmed. One entrepreneur, aware of Khosla's tough reputation, came in with red boxing gloves to signal his willingness to fight and suggested a number; Khosla accepted it. He says that was because the proposed valuation was reasonable.
Khosla also tosses out suggestions that don't always match the portfolio company's status, for example, suggesting an aggressive entry into a market the company isn't yet big enough to tackle, or an expensive overhaul of a website. He says setting big goals encourages the companies to stay ambitious, adding that those who disagree with his advice are under no obligation to take it or even keep meeting with him. “I push them to the edge of what they're comfortable with,” he says. “I get them to think as big as they can. I view that as my job, not just to be popular with them by saying nice things.”
A voracious reader, Khosla often will push a sometimes relevant, sometimes not, theory he has just boned up on in a new business book, entrepreneurs say, or will cite an old favorite such as “The Black Swan,” a 2007 bestseller on preparing for improbable events.
Many Silicon Valleyites see themselves as operating outside the herd; Khosla actually shuns it. He hasn't become a member of popular organizations such as the Menlo Circus Club or the Battery. He won't join the National Venture Capital Association, the industry’s main trade group. He doesn't play golf. He turns down invitations to dinners with other venture capitalists.
No trespassing signage is displayed on a gate leading to Martins Beach on July 16, 2014. Photographer: David Paul Morris/Bloomberg
“I’d rather spend the time with entrepreneurs,” he says. That leads to a perception of aloofness that some enjoy taunting; a few years ago, a parody twitter account sprang up for @VinodColeslaw. “Guys, relax,” the last tweet says. “It's MY beach.”
When not in Silicon Valley, Khosla spends time at one of his vacation homes, including in Deer Valley, Utah, and in Big Sur, California. He hasn't visited Martins Beach in several months. To get around, he travels on a Gulfstream V.
Conversations with people who have worked with Khosla as investors and entrepreneurs reveal a man who relishes engaging in heated debates on strategy. During those debates, he doesn't mince words. “He doesn't suffer fools," says someone who has sat through many such meetings. “He'll look you in the eye and say ‘That's completely stupid,’ not because he's trying to make you feel bad, but because he has no filter,” says the person, who requested anonymity because he wants to preserve a cordial business relationship with Khosla.
Khosla prefers to describe his style as “brutal honesty.” Still, he acknowledges sometimes going too far. “If I had to do it over again,” he says now, “I'd couch my honesty, I'd say it nicer, but say the same thing.”
Partners in Khosla's firm and entrepreneurs who stand up to him and can rebut his points raise their standing in Khosla’s eyes. Those who can’t are left shaken and angry. He practiced the philosophy long before the current vogue for “radical candor,” mocked recently on the HBO show “Silicon Valley.”
He’s also known for defending portfolio companies publicly in situations where other backers tend to go quiet. After Bloomberg reported that Khosla portfolio company Hampton Creek, a vegan mayonnaise maker, was inflating sales figures by purchasing jars of its own product, Khosla went on Bloomberg TV and said entrepreneurs “push the edges.” He called allegations over revenue projections by another investor “not credible.” The following year, Khosla’s board representative and all other outside directors resigned from the Hampton Creek board.
His defenders counter that the loudest complainers are the worst performers. Truly talented entrepreneurs will know which pieces of advice to take, and when. Good analysis relies on debate. And fostering a sometimes adversarial relationship between two executives can tease out the best performance from each, they say.
With Khosla, “it's the same pro and the same con,” says Jagdeep Singh, founder of battery company Quantumscape, the third he has started where Khosla holds a board seat. “He really doesn't care about what anybody thinks. He's doing what he thinks is right, and he'll stick by it.”
The confrontations are juxtaposed with moments of tenderness, especially when it comes to his family. Khosla's assistant, Ruthie Dionisio, recalls having to enter a 2010 meeting at Khosla Ventures between Khosla and former British Prime Minister Tony Blair, then an adviser to the firm. Khosla had asked her to remind him when the hour was up so he could arrive on time for what he considered a more important appointment: helping his son with college applications.
He’s a generous donor to many charities and has signed onto the Giving Pledge, an initiative created by Bill Gates and Warren Buffett to encourage people to give away at least half their net worth to philanthropy.
One person who has worked with him compared Khosla to a “Tiger Parent,” the type of highly demanding adult who ultimately has a child's best interests at heart.
Relishing Intellectual Debate
Khosla's approach to California law parallels his treatment of a portfolio company: He relishes the intellectual debate on property issues and the exercise of forcing precision on California law almost as much as the prospect of winning his case.
In his writings on venture capital, Khosla says many potentially transformative investments have a 90 percent chance of failure. To some degree, that's how his efforts over the beach appear: The odds of the Supreme Court taking a case and then ruling in the petitioner's favor are low, but if it does, the payoff is enormous—in this case, potentially the ability to keep a long and exceptionally beautiful beach to oneself.
On Thursday, the court asked the group Khosla's battling, the Surfriders Foundation, to respond to Khosla's petition by June 13. While this is no guarantee the justices will take up the case, the request signals at least initial interest in Khosla's arguments.
Khosla believes that if the state wants public access to the beach, it needs to compensate him for an easement—the road cutting across his property that beachgoers would use. Not doing so amounts to a violation of the U.S. Constitution's takings clause and due process clause, he says. And because lower courts have held that he can't paint over a billboard that previous owners had used to advertise the beach, he argues, they have violated his First Amendment rights.
For their part, the Surfriders, who originally filed their case in 2013, are taking a more technical approach. They argue that Khosla is violating California's Coastal Act by not seeking appropriate permits before halting access to the beach. A lower court ruled that keeping the beach open requires a public-access easement over Khosla's property, but it didn't require compensation because the easement wouldn't necessarily be permanent.
Khosla's lawyers point out that lower courts have differed on the issue of whether a taking of property must be permanent to require compensation and are asking the Supreme Court to resolve the split. For now, the gate to the beach is generally open.
Meanwhile, Khosla won a separate suit filed in 2012 by a group called Friends of Martins Beach. They argued that the prior owners of the beach had created a right of public access by running a business including a paid parking lot, restrooms and a store. In January this year, a state judge agreed with Khosla that the prior owners had not established that right because access wasn't continuous and required a fee. Friends of Martins Beach is appealing.
A third case in federal court, brought in 2016 by Khosla and alleging harassment and constitutional violations, is on hold while the state cases proceed. Khosla says state and local bodies are applying laws unfairly, for example, requiring him to obtain permits for planting trees at Martins Beach, but not his neighbors.
“We have stringent rules protecting public views of the coast, and Mr. Khosla is not the only property owner who has been required to remove trees,” says Steve Monowitz, community development director at the San Mateo County Planning and Building Department. “I disagree with the assertion that our regulations are not being fairly applied.”
Despite the legal maneuvering popping up regularly in local news, the beach case doesn’t seem to have affected Khosla Ventures. For every entrepreneur who decides not to do business with the firm, many more are eager to tap the expertise of Khosla and his partners, who count some big successes in the portfolio. Square, an investment brought to the firm by former partner Gideon Yu, is one. Cloud-storage company Nutanix, valued at $2 billion at its 2016 IPO, is another. The firm also backs Impossible Foods, maker of a popular meat-alternative burger, and View, which makes windows that automatically darken and lighten, among other investments. Earlier this year, Khosla Ventures filed to raise a $1 billion fund, Khosla VI, plus a $400 million seed-investing fund.
The controversy swirling around Khosla isn’t discussed openly at his firm. A rare exception came in 2014 during a meeting of portfolio companies at a boutique hotel on the San Francisco Bay. At one point, according to a person who attended, Khosla Ventures partner Samir Kaul joked to nervous laughter that one lucky entrepreneur would win a grand prize: a weekend at Martins Beach. No beach invitations materialized.
(http://www.autoadmit.com/thread.php?thread_id=3957346&forum_id=2#35900475) |
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Date: April 23rd, 2018 1:16 PM Author: Chestnut submissive tattoo theater
ESL? No one said he doesn’t have a potential amendment claim. The question is whether he has to try comply with the California Coastal Act first.
There was a separate lawsuit that Kholsa won (essentially trying to argue that the public had default access to the beach).
https://m.sfgate.com/bayarea/article/Judge-hands-Martins-Beach-owner-one-legal-victory-12360905.php
(http://www.autoadmit.com/thread.php?thread_id=3957346&forum_id=2#35900868) |
Date: April 23rd, 2018 1:18 PM Author: Pungent Seedy Point Blood Rage
1950s-1990s America:
The previous owners, a family called the Deeneys, had allowed the public to access the beach for a fee of a couple of dollars. In return, the Deeneys maintained a parking lot and small concession store.
post-2000 "America":
Psychotic Turdjews and corrupt ACCBs buying up all property, fucking over the natives any way possible
(http://www.autoadmit.com/thread.php?thread_id=3957346&forum_id=2#35900887) |
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Date: April 23rd, 2018 1:29 PM Author: dashing hall
Date: April 23rd, 2018 1:27 PM
Author: eithan (10-4, good buddy! Kill all shitlibs.)
His iq is too low to read.
(http://www.autoadmit.com/thread.php?thread_id=3957346&forum_id=2#35901011) |
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Date: April 23rd, 2018 1:29 PM Author: dashing hall
Date: April 23rd, 2018 1:26 PM
Author: animeboi
They charged for parking, not access.
(http://www.autoadmit.com/thread.php?thread_id=3957346&forum_id=2#35901008) |
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Date: April 23rd, 2018 1:30 PM Author: dashing hall
"Martins Beach consists of 89 acres along the California coast in San Mateo County. For most of the last century, it was owned by a family known as the Denneys. The Denneys used it as a beach access business."
"According to the appeal, "After paying the fee set by the Denneys, patrons could use the private road to enter the Deeneys' property, park in the parking lot the Denneys built and maintained, and use the beach and other amenities the Deeneys built and maintained…" While the Denneys originally charged only $0.25 to access their beach, over time, they gradually increased the fee to $2 and ultimately $10. But, by the 2000s, their business was no longer profitable…"
https://realtytimes.com/consumeradvice/homeownersadvice/item/1015428-20180227-beach-access-case-is-appealed-to-the-us-supreme-court
(http://www.autoadmit.com/thread.php?thread_id=3957346&forum_id=2#35901021) |
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Date: April 23rd, 2018 1:33 PM Author: dashing hall
"While the Denneys originally charged only $0.25 to access their beach, over time, they gradually increased the fee to $2 and ultimately $10. But, by the 2000s, their business was no longer profitable…"
"While the Denneys originally charged only $0.25 to access their beach, over time, they gradually increased the fee to $2 and ultimately $10. But, by the 2000s, their business was no longer profitable…"
"While the Denneys originally charged only $0.25 to access their beach, over time, they gradually increased the fee to $2 and ultimately $10. But, by the 2000s, their business was no longer profitable…"
(http://www.autoadmit.com/thread.php?thread_id=3957346&forum_id=2#35901049) |
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Date: April 23rd, 2018 1:33 PM Author: dashing hall
"While the Denneys originally charged only $0.25 to access their beach, over time, they gradually increased the fee to $2 and ultimately $10. But, by the 2000s, their business was no longer profitable…"
"While the Denneys originally charged only $0.25 to access their beach, over time, they gradually increased the fee to $2 and ultimately $10. But, by the 2000s, their business was no longer profitable…"
"While the Denneys originally charged only $0.25 to access their beach, over time, they gradually increased the fee to $2 and ultimately $10. But, by the 2000s, their business was no longer profitable…"
PWN PWN PWN PWN
(http://www.autoadmit.com/thread.php?thread_id=3957346&forum_id=2#35901053) |
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Date: April 23rd, 2018 1:33 PM Author: dashing hall
"While the Denneys originally charged only $0.25 to access their beach, over time, they gradually increased the fee to $2 and ultimately $10. But, by the 2000s, their business was no longer profitable…"
"While the Denneys originally charged only $0.25 to access their beach, over time, they gradually increased the fee to $2 and ultimately $10. But, by the 2000s, their business was no longer profitable…"
"While the Denneys originally charged only $0.25 to access their beach, over time, they gradually increased the fee to $2 and ultimately $10. But, by the 2000s, their business was no longer profitable…"
PWN PWN PWN PWN
(http://www.autoadmit.com/thread.php?thread_id=3957346&forum_id=2#35901055) |
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Date: April 23rd, 2018 1:34 PM Author: Saffron chapel queen of the night
""After paying the fee set by the Denneys, patrons could use the private road to enter the Deeneys' property, park in the parking lot the Denneys built and maintained, and use the beach and other amenities the Deeneys built and maintained…" "
PWN PWN PWN faggit. you got fucking PWNED. kill yourself, lolitarian faggit.""After paying the fee set by the Denneys, patrons could use the private road to enter the Deeneys' property, park in the parking lot the Denneys built and maintained, and use the beach and other amenities the Deeneys built and maintained…" "
PWN PWN PWN faggit. you got fucking PWNED. kill yourself, lolitarian faggit.""After paying the fee set by the Denneys, patrons could use the private road to enter the Deeneys' property, park in the parking lot the Denneys built and maintained, and use the beach and other amenities the Deeneys built and maintained…" "
PWN PWN PWN faggit. you got fucking PWNED. kill yourself, lolitarian faggit.""After paying the fee set by the Denneys, patrons could use the private road to enter the Deeneys' property, park in the parking lot the Denneys built and maintained, and use the beach and other amenities the Deeneys built and maintained…" "
PWN PWN PWN faggit. you got fucking PWNED. kill yourself, lolitarian faggit.""After paying the fee set by the Denneys, patrons could use the private road to enter the Deeneys' property, park in the parking lot the Denneys built and maintained, and use the beach and other amenities the Deeneys built and maintained…" "
PWN PWN PWN faggit. you got fucking PWNED. kill yourself, lolitarian faggit.""After paying the fee set by the Denneys, patrons could use the private road to enter the Deeneys' property, park in the parking lot the Denneys built and maintained, and use the beach and other amenities the Deeneys built and maintained…" "
PWN PWN PWN faggit. you got fucking PWNED. kill yourself, lolitarian faggit.""After paying the fee set by the Denneys, patrons could use the private road to enter the Deeneys' property, park in the parking lot the Denneys built and maintained, and use the beach and other amenities the Deeneys built and maintained…" "
PWN PWN PWN faggit. you got fucking PWNED. kill yourself, lolitarian faggit.
(http://www.autoadmit.com/thread.php?thread_id=3957346&forum_id=2#35901065) |
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Date: April 23rd, 2018 1:33 PM Author: dashing hall
"While the Denneys originally charged only $0.25 to access their beach, over time, they gradually increased the fee to $2 and ultimately $10. But, by the 2000s, their business was no longer profitable…"
"While the Denneys originally charged only $0.25 to access their beach, over time, they gradually increased the fee to $2 and ultimately $10. But, by the 2000s, their business was no longer profitable…"
"While the Denneys originally charged only $0.25 to access their beach, over time, they gradually increased the fee to $2 and ultimately $10. But, by the 2000s, their business was no longer profitable…"
PWN PWN PWN PWN
(http://www.autoadmit.com/thread.php?thread_id=3957346&forum_id=2#35901058) |
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Date: April 23rd, 2018 1:33 PM Author: dashing hall
"While the Denneys originally charged only $0.25 to access their beach, over time, they gradually increased the fee to $2 and ultimately $10. But, by the 2000s, their business was no longer profitable…"
"While the Denneys originally charged only $0.25 to access their beach, over time, they gradually increased the fee to $2 and ultimately $10. But, by the 2000s, their business was no longer profitable…"
"While the Denneys originally charged only $0.25 to access their beach, over time, they gradually increased the fee to $2 and ultimately $10. But, by the 2000s, their business was no longer profitable…"
PWN PWN PWN PWN
(http://www.autoadmit.com/thread.php?thread_id=3957346&forum_id=2#35901059) |
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Date: April 23rd, 2018 1:40 PM Author: Saffron chapel queen of the night
""After paying the fee set by the Denneys, patrons could use the private road to enter the Deeneys' property, park in the parking lot the Denneys built and maintained, and use the beach and other amenities the Deeneys built and maintained…" "
PWN PWN PWN faggit. you got fucking PWNED. kill yourself, lolitarian faggit.""After paying the fee set by the Denneys, patrons could use the private road to enter the Deeneys' property, park in the parking lot the Denneys built and maintained, and use the beach and other amenities the Deeneys built and maintained…" "
PWN PWN PWN faggit. you got fucking PWNED. kill yourself, lolitarian faggit.""After paying the fee set by the Denneys, patrons could use the private road to enter the Deeneys' property, park in the parking lot the Denneys built and maintained, and use the beach and other amenities the Deeneys built and maintained…" "
PWN PWN PWN faggit. you got fucking PWNED. kill yourself, lolitarian faggit.
(http://www.autoadmit.com/thread.php?thread_id=3957346&forum_id=2#35901119) |
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Date: April 23rd, 2018 2:00 PM Author: dashing hall
(guy unfamiliar with the US Constitution)
(obviously not a lawyer)
Do you support government willy nilly stealing any land it wants for public use? How would you feel if your house bordered a USPS and said government kicked you out (and gave you nothing) to build a more convenient public road to the postal office?
(http://www.autoadmit.com/thread.php?thread_id=3957346&forum_id=2#35901391) |
Date: April 23rd, 2018 2:09 PM Author: Titillating Harsh Cumskin
>Date: April 23rd, 2018 1:54 PM
>Author: .,.,,..,,,..,,.,.,,..,,,..,,.,.,.,..,.,.,.,,.,,.,.
>You think the value of his property wouldn't increase if the public
>didn't have access to his private road? LOL.
Question here. If the public access changes the value of his property, and the public access existed before he bought the property, then why can't we validly conclude that the purchase price he paid for the property took into account the change in value from public access?
In other words, what loss does he need to be compensated for?
(http://www.autoadmit.com/thread.php?thread_id=3957346&forum_id=2#35901480) |
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Date: April 23rd, 2018 2:24 PM Author: dashing hall
EASEMENT! it's only TEMPORARY!
*refuses to give timeline of the prescriptive easement that has lasted decades with no end in sight*
this is the argument of the literal retards ITT.
(http://www.autoadmit.com/thread.php?thread_id=3957346&forum_id=2#35901636) |
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Date: April 23rd, 2018 2:39 PM Author: Chestnut submissive tattoo theater
Since you refuse to engage with the actual issue in the appeal, which is procedural, this is getting dumb. I get that a bunch of people are arguing rhat he should not be paid comp, but I am not making that point.
Edit: here’s the appeals court take on whether denying a permit will trigger a takings claim.
“Appellants also argue their challenge to the permit requirement is ripe because ―neither the County nor the [Coastal] Commission could deny a request for a permit to exercise [the right to exclude] without violating the Takings Clause.‖ It may be that appellants‘ CDP application will be granted because the reviewing authority concludes denial of a permit would violate appellants‘ property rights, contrary to section 30010 of the Coastal Act. That determination will depend on the record developed following a CDP application. But appellants present no authority for the proposition that the likelihood their permit will be granted affects this court‘s analysis of the ripeness of their claim.”
(http://www.autoadmit.com/thread.php?thread_id=3957346&forum_id=2#35901771) |
Date: April 23rd, 2018 4:35 PM Author: wild ocher mad-dog skullcap
George20, can you explain how I might be compensated if locatable minerals are found on my property and some faggot miner stakes a claim, builds a cabin, and moves in equipment for a placer mining operation?
Edit: aside from compensation for damage to the property
(http://www.autoadmit.com/thread.php?thread_id=3957346&forum_id=2#35902910) |
Date: April 23rd, 2018 4:52 PM Author: massive bawdyhouse feces
i wish my property law class was like this thread.
If previous owner owned the land and charged everyone to cross then I would think that's not an easement. If California didn't come to an agreement to purchase an easement with previous owner I would think this dude wins unless he continued to let people cross for years and years without stopping them or charging them (prescriptive easement).
I don't know anything about bullshit California law though.
I think billionaire wins unless the trial court had some kind of deal between previous owner and state or waited forever before stopping people.
(http://www.autoadmit.com/thread.php?thread_id=3957346&forum_id=2#35903016) |
Date: January 23rd, 2020 8:57 PM Author: Chestnut submissive tattoo theater
Update; looks like Cali state courts sided with Vinod, but AG is now suing
Last month, a state appeals court sided with Khosla, who argued that the public doesn't get a permanent right to use the property just because the former owners allowed access to the road.
But the suit filed Monday by the state contends that because the beach has been heavily used by the public for more than a century for recreational activities, it has acquired access rights under a common law doctrine known as “implied dedication.”
“For as far back as can be historically documented, the public has used and treated the beach as a public beach, and the previous owners knew of that public use and did not interfere with such use,” the lawsuit states
https://www.kqed.org/news/11794272/california-sues-billionaire-landowner-over-access-to-martins-beach
(http://www.autoadmit.com/thread.php?thread_id=3957346&forum_id=2#39478995) |
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