Sunday, May 4, 2014

Public access to Martin's Beach through private property lawsuits continue...

Half Moon Bay Review/Mark Noack, 4/30/14.  "Martin's Beach access fights to court."

Martin's Beach private property, owner paid $37.5 million
Road access to
Martin's Beach
is through private property
"The controversy swirling around public access at Martin’s Beach is heading back to the courts next week. On Monday, the San Mateo County Superior Court will review a lawsuit by the Surfrider Foundation that is seeking hefty fines and an injunction against the landowner for allegedly violating the California Coastal Act.

....  That outrage only intensified after the new owner was revealed to be Vinod Khosla – a billionaire tech magnate who cultivated a public image as an advocate for environmental causes. ....  Peninsula political figures have also largely sided against Khosla on the public-access question at Martin’s Beach.

....  The Surfrider case would be the fourth lawsuit seeking a legal ruling on the public-access issue at Martin’s Beach. Two of those suits were filed by the Martin’s Beach attorneys and later dismissed on procedural grounds. Last year, a San Mateo County Superior Court judge ruled in a third case that Khosla was within his rights to bar the public from the beach. That ruling is expected to be appealed."  Read more.

ReferenceSurfrider Foundation,"Beach Access". "Public beach access is a universal right...
Beach access is the ability to reach the sand and surf.  It is the means of entry to our oceans, waves and beaches. Surfrider Foundation promotes the right of low-impact, free and open access to the world's waves and beaches for all people. Beaches are one of the most popular public resources. Because individuals need access to beaches in order to enjoy them, Surfrider Foundation acts to protect the right of access."

RelatedKQED /Science/Amy Standen, 1/13/14. "Silicon Valley billionaire battles surfers over beach access." "Martins Beach, three miles south of Half Moon Bay, was once a hidden gem of the San Mateo County coastline, known to just a handful of local surfers and people who rented cottages along the shore.Those days are over. The small beach has become ground zero for a protracted legal battle between locals and one Silicon Valley billionaire who would like to keep the public out."

Note photographs:  Keep out sign from the Surfrider website, Martin's Beach from the KQED article.  Also search Fix Pacifica "Martin's Beach" for prior articles.

Update, case review and the court argument, first day:  San Francisco Chronicle/Peter Fimrite, 5/9/14.  "...  perhaps the biggest challenge yet to the 1972 California Coastal Zone Conservation Initiative, which made the entire coast public property, including beaches below the mean high tide."

Posted by Kathy Meeh


The Local Libertarian said...

This is essentially a poor defense on part of the beach goers.

"So, we've been trespassing private property for however many years and we would like to keep doing that."

The big boys are moving to the coast.

I think those surfers will lose out to Khosla.

Anonymous said...

Pacifica needs Khosla.

Anonymous said...

it's called prescriptive easement. it's a matter of settled law. look it up.

Kathy Meeh said...

336 not sure what you're saying, current "settled law" for Martin's Beach is no easement, with an appeal.

The Local Libertarian said...

@ 2:34 Pacifica has Lars Daalgard.

He is not exactly in the same league as Khosla but up there in the low 1s billionaire club.

Though, I hear his vision of Pacifica is limited to his man-cave in Rockaway Beach.

Interestingly, he is now a partner at Andreessen & Horowitz. So, maybe one of these days he'll figure he should pay attention to Pacifica.

The Local Libertarian said...

My mistake. Both Khosla and Dalgaard are in the same league. Who knows Pacifica could become the next billionaires row.

Open Space, close to city, great views, decent schools, access to farmers markets, sailing, surfing and running.

Has potential. I expect a couple of big players to move into Pacifica quietly this year.

Guru Thalapaneni is another that is setting his base here.

Anonymous said...

647 Big players coming to Pacifica?
Once they stop laughing, things could get real interesting. Make it so.

Anonymous said...

Silicon Valley Billionaire Vinod Khosla Won't Testify in Half Moon Bay Beach Battle