Sheeeeeeeit. F that dude. I have been going there for 20 years. After he locked the gate It just was a longer hike. The bummer is the store has been long closed; but I saved 10-15 dollars fro parking.
I have lots of fond memories from Martins Beach; some dill hole wasn't gonna keep me off. The scuttlebutt was that the police/sheriff would not write a ticket fro trespassing.

It made Comedy Central BTW

The Colbert Report
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I'm going to take the other side of this argument. Take away the facts that the road accesses a nice beach and that we're talking about a rich guy (who is obviously super-evil because he is rich).

A bunch of people are mad because a guy closed a road that belongs to him.

The fact that the road had previously been open at all is only because someone was nice enough to keep it opened. So the current owner wants to be a jerk and close the road. It's his road and unfortunately, there's no law against being a jerk. if the Coastal Commission insists there should be public access to all CA beach property, let them pay for an alternate way to access the beach. They should have considered that this private road could be closed at any time and been proactive. Using eminent domain to force the owner to open the road bothers me. Letting the government have that kind of power can easily backfire.

In Pacifica where I live there is a trail called Boyscout that sits almost totally on private land. A new owner purchased the land about 12 years ago and was OK with the trail, provided that anyone riding the trail sign a waiver, (I'm not sure the waiver is enforced too much anymore) Let's pretend it was one of the best trails around and became famous worldwide. What if the land got sold and the new owner put a fence around his property and closed public access? That would be too bad, but that would be within the rights of the new owner. I see no difference in the Martin's beach situation.

 

Within California there are some interesting laws and civil legal precedents that affect access on roads/trails such as this. It boils down to this: If there is an access-way that the public has used to cross private property for a certain amount of time to travel between two public accessible locations a right-of-access has been established. The time period is determined by similar cases in the jurisdiction where any case is brought to court. Cases in other jurisdictions can be used for reference if there is no similar legal challenge in the jurisdiction.

This is a bit different than the eminent domain process. It is something that occurs all the time across the state, and property owners can't do anything about it if the court orders public access other than push an appeal...which most higher courts end up considering a waste of their time and refuse to rule on it.

This is for public access in all areas of California, not just the coast, but when you add that to the way coastal access is legally protected in California, beach access roads end up being something private property owners never get to control. Doesn't mean they don't try to stop the public using creative, and sometimes illegal, ways.

This kind of thing isn't just a California thing, I understand that access rights in other states can get just as hot. As a way to get back at the property owners, some people have published books and webpages that list access-ways to the coast. I have seen such books for the greater Los Angeles/Orange County/San Diego areas and for Oahu in Hawaii.

 

The difference is in the numbers. That and California Parks folk are pretty touchy about the coast. There isn't a politician in the state that would come to the aid of someone to obscured a traditional beach access.

 

Hmmm, good points.

Anyone know if the new owner still has to pay maintenance fees and liability insurance for a road he has no control over?

 

Probably.

The land comes with 30+ houses/rentals and that's probably the bulk of the insurance he's talking about.

I have no doubt that if he won the suit to lock the gate he would tear down all those houses, evict those people and build a palace for his family. Then the most amazing beach I've ever seen will be lost.

fc

 

This is one of the deepest crimes against nature... blocking access to a natural wonder or a land resource.

If Demo Forest had one entrance, and a landowner blocked access to it by shutting a road or a gate, are we all just gonna accept it?

Beaches are the battleground since they often have one access point to it and very wealthy individuals or resorts often claim it by blocking the road. Luckily, the surfers rally now and a lot of them are lawyers too.

It Hawaii, this has been sorted out many times over. The most beautiful places on earth have been blocked off by landowners and resorts. But the locals said 'Ahem.'. So now, there are so many beaches with paths through private property and people have access to them.

So an easement or 'right of passage' is appropriate.

In Europe, they've sorted this thing out a long time ago. Some can own the land but they have to provide passage to anyone. I hear in England, most of the bike trails are on private land. Any stranger may pass.

fc

 

Firstly, the county of San Mateo should just build a fire access road and be done with it. No more arguments. That dude is free to be a d!ck and everyone can ignore him.

Secondly, that wave is overrated.

 

Firstly, the county of San Mateo should just build a fire access road and be done with it. No more arguments. That dude is free to be a d!ck and everyone can ignore him.

Secondly, that wave is overrated.

That is no swim'n beach, that's for sure. Those rocks and waves are scareballs.

 

Even if the road was closed the beach would not be. You'd need a boat to get to it.

 

Can't dock the boat. You need a kayak and that surf will kill your family. Vinod's lawyers actually kept mentioning the beach is still open to kayakers.

Thanks for all the intel so far gentlemen.

fc

 

In essence it's not that different than "City sidewalk" and "City trees" that many of us have in front yard. You have to maintain it but you can't control it.

In Hawaii there is a law that any Oceanview property have to provide coastal access. Some big hotels trying to control it by limited parking space. I guess this guy can do the same.

 

I' gonna sue Francois for public access to his backyard natural wonder pump track

 

Okay, if you want to get involved with keeping the road open, the California Coast Commission, through it's Coast Access Program: Prescriptive Rights Program, is conducting a survey to establish past access of the beach using this road. The questionaire can be found at the bottom of the web page listed above (look for "Martins Beach, San Mateo County [on PDF]") or by going to this link.

 

And by the way, the original ruling by San Mateo County Superior Court Judge Gerald Buchwald that cited the Treaty of Guadalupe Hidalgo providing precedent on establishing the legal right for Khosla to block access to the beach is utter and complete incompetence.

If, as the judge ruled, the treaty requiring the United States to recognize Mexican land grants trumps all Federal and California laws written since then, including the California Coastal Act, then public access to all beaches and coastal land is null and void. Right. Sure Mr Buchwald, lets see that fly.

 

The gate is open now. $10 to park if you want to park by the beach instead of the highway.

 

Yep. Might still go and take Lil'Miss even though there's no keeping rocks you find. If nothing more than to be able to smile a subconscious finger at Vinod for trying to block public access.

 

Every time I go there, only pro photographers are around me. They don't know I have the mighty iphone with selfie stick.

 

This friggin issue is still going on as the gates are still locked to Martin's Beach. The police are not issuing tickets so we are free to go there but is about a mile walk down to the beach from Highway 1 parking.

Vinod Khosla needs to sell an easement through (worth $360k) but he says he'll only sell a strip for $30 million. Grade A jacakass.

Martins Beach: Key vote could force billionaire to sell path

Anyway, this is true case of folks trying close off nature and claim it as their own. This happens a lot in mountain biking (and road) so we should all be watching it closely. In this case the folks who raised their hand are the surfers and they WON.

There's a vote in Sacramento happening this week.

 

Wasn't this case finally settled a few weeks ago? Wasn't he ordered to provide access? Is he in contempt? Or is he awaiting "fair compensation" for the easement and therefore not in contempt? What an arrogant F**K!

 

The case was settled a bit ago, it appears Khosla is intending to appeal it...all the way to the Federal Supreme Court if need be.

The link FC posted talks about Senate Bill (42) that Senator Jerry Hill is sponsoring, which would allow for public donations to purchase the land (if eminent domain is used). Usually this type of thing is not allowed by state law and process...this bill would open the ability for the public to donate if they choose and give the finger to Khosla in doing so. The donations would go specifically to the land purchase and not into the general fund as otherwise required by law.

As far as the access (locked gate but no ticketing) FC posted about...the article does state "Khosla lost an appeals court decision in which the court ruled that he closed the gate illegally because he had not acquired a permit from the state Coastal Commission. It remains closed, but the San Mateo County Sheriff’s Office said this month that the public should feel free to ignore the no-trespassing signs."

At the end of the article there is a bit that shows what an extreme d*ckhead Khosla has been in this process:

"Complicating the issue: Khosla is a major Democratic Party donor who has contributed hundreds of thousands of dollars to Democrats such as Sen. Dianne Feinstein, Rep. Nancy Pelosi, Rep. Zoe Lofgren, Rep. Ro Khanna, Barack Obama, Hillary Clinton, Joe Biden and the Democratic Senatorial Campaign Committee.

But last year he enraged leading California Democrats when he sued the State Lands Commission and Coastal Commission members individually, including Newsom and Yee over the Martins Beach issue. That lawsuit is still pending."

The jerk sued the Commission members individually....wow! Making it personal! What a sh*t-heel legal maneuver!

 

The case was settled a bit ago, it appears Khosla is intending to appeal it...all the way to the Federal Supreme Court if need be.

The link FC posted talks about Senate Bill (42) that Senator Jerry Hill is sponsoring, which would allow for public donations to purchase the land (if eminent domain is used). Usually this type of thing is not allowed by state law and process...this bill would open the ability for the public to donate if they choose and give the finger to Khosla in doing so. The donations would go specifically to the land purchase and not into the general fund as otherwise required by law.

As far as the access (locked gate but no ticketing) FC posted about...the article does state "Khosla lost an appeals court decision in which the court ruled that he closed the gate illegally because he had not acquired a permit from the state Coastal Commission. It remains closed, but the San Mateo County Sheriff's Office said this month that the public should feel free to ignore the no-trespassing signs."

At the end of the article there is a bit that shows what an extreme d*ckhead Khosla has been in this process:

"Complicating the issue: Khosla is a major Democratic Party donor who has contributed hundreds of thousands of dollars to Democrats such as Sen. Dianne Feinstein, Rep. Nancy Pelosi, Rep. Zoe Lofgren, Rep. Ro Khanna, Barack Obama, Hillary Clinton, Joe Biden and the Democratic Senatorial Campaign Committee.

But last year he enraged leading California Democrats when he sued the State Lands Commission and Coastal Commission members individually, including Newsom and Yee over the Martins Beach issue. That lawsuit is still pending."

The jerk sued the Commission members individually....wow! Making it personal! What a sh*t-heel legal maneuver!

Thank you for the intel.

The main thing for us to do now is go that beach and enjoy it. It is a national treasure that should not be owned by a single individual simply because he bought the access road.

 

Richard Cranium Khosla

 

Went to Martin's yesterday. Hundreds of folks there. Cars were blocked but a side pathway is open.

Made me happy that we have this beach back despite the efforts of one man and his money and lawyers. What's happening here is happening to a lot of nature and our trails.

 

Here is the next step.

Martins Beach bill bounces forward | Local News | smdailyjournal.com

Good thing is there's no 'no trespassing' signs anymore. There is a clear walkway beside the gate. So families can venture out there without fear of citation.

It's a half mile hike to the water on a paved, hilly road. Restricts volume quite a bit but good on a bike.

 

As Vinod Khosla's conscience (since he has none, just like Midpen ), here's the update that the gate has been opened.

Martins Beach: Tech billionaire reopens popular surf spot

It's only certain days at 9-4, cause that jackass is still resisting the court order. Don't pay that 'suggested' parking either.

But please, please go out there and check it out. It is breathtaking. When the tide is low, walk to the very edge and see the tide pools and caves.

 

Enter The Supremes

He's taking it to the top.

https://www.sfgate.com/bayarea/article/Martins-Beach-billionaire-owner-takes-fight-over-12665591.php

It'll be interesting to see if the Supremes will even hear the case.

 

He's taking it to the top.

https://www.sfgate.com/bayarea/article/Martins-Beach-billionaire-owner-takes-fight-over-12665591.php

Cali is soooo facked!

 

Greed and power

 

What's odd to me, is that he bought the property with an established easement, didn't he? If so, the easement transfers to the new owner and is irrevocable, isn't it?

 

Has ANYBODY been there to that beach? It's worth a visit and getting out there is show of defiance to this.

 

Looks Like the End Of The Line

The Supreme Court has refused to take up the owner's appeal.

https://www.sfgate.com/bayarea/arti...rticle/Supreme-Court-refuses-to-take-up-Martins-Beach-13271592.php?t=ed7559424c