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francois

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Discussion starter · #1 ·
There is a beach of such staggering beauty that a billionaire successfully closed it off to the public since he purchased the land that provided access to it. For hundreds of years prior to this, the public was able to enjoy this unique land. But surfers fought back and won the right to reach, enjoy and surf the area. Their win is our win cause beaches and other natural wonders do not belong to a few entitled ones that live close to it.

New law lets state reopen Martins Beach to public if property owner refuses to do so - SFGate

Anyone been there?
 

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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

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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.
 
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.
 
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.
 
Discussion starter · #7 ·
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
 
Discussion starter · #8 ·
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
 
Discussion starter · #11 ·
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.
 
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.
 
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.
 
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.
Truth right there ^^^ Nice beach, craptacular wave.

Funny fact: the spot is actually more crowded now, then it was before Vinod Khlosa bought the land and shut it down. I've driven by that beach for decades on my way to other spots. Even when we get a great swell and everything lights up along the coast, there are still better waves to be found. It's never been a destination wave in my books. It is a nice beach to hang out though.

I supported the opposition. San Mateo county residents and visitors for decades have enjoyed Martins Beach and he knew that buying the property. It was bad form for him to try and take that away from the residents of California.
 
Discussion starter · #18 ·
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
 
Here's the thing, what this boils down to is a access easement, very similar to a party buying a piece of property that other landowners historically (that would be the public ) have used access their property ( the beach ). When you buy a piece of propery with an existing easement, that's part of the deal and you don't get to decide at a later date that you don't like said easement just because.

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?
 
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