5 ms·

He knew what he was buying into then. It doesn't change the legality of what he's trying to do - and I don't see any legal basis for his claim. But it certainly

by eloff 9y ago

He knew what he was buying into then. It doesn't change the legality of what he's trying to do - and I don't see any legal basis for his claim. But it certainly makes me less sympathetic to his cause. If I lived nearby I might visit the beach just out of equal parts curiosity and protest.

yaur 9y ago
If the easement predates his ownership of the property, hasn’t he already been “compensated” in the form of a lower price for the property?
- eloff 9y ago
  Yes, exactly.
rayiner 9y ago
The previous owners ran a business allowing people to access the beach. Its not at all clear that he knew what he was buying into.” Put differently, your point is at most a standing argument. Either the previous property owners suffered the taking, or Khosla did. But somebody did.
- gleenn 9y ago
  While I'd have some sympathy for mistakes in real estate, the guy's a billionaire. If he can't afford a good agent that would point out that obvious issue then I don't know how anyone else gets anything done in that industry. He should be talking to his agent and not the Supreme Court.
- couchand 9y ago
  From the Court of Appeal opinion: "Prior to appellants' purchase of the Martins Beach property, appellants were told by San Mateo County that '[t]here is existing parking [and] access to the beach at Martins Beach. This access [is] also memorialized [and] required to be preserved (no exceptions) by the Local Coastal Program' and 'the access is there & will have to remain.'"
  - rayiner 9y ago
    The government can’t just say you have to keep using your property in a certain way.
    - couchand 9y ago
      Nice job moving the goalposts there.
      - rayiner 9y ago
        Sorry I meant to elaborate the thought. The government can’t just tell you to keep using your property a certain way. So if you get a notice from the government claiming to exercise some power it probably doesn’t have, what exactly do you “know” you’re buying into? If the county sends you a letter saying that they want you to operate a public park out of your back yard. And then you sell your house to someone who has notice of that letter. What does that mean? That the government gets to order the new owner to operate their back yard as a public park?
        lovich 9y ago
        When it's an easement, yes. And even with the public park example there is likely case law for that. We have numerous situations where land can be taken or designated for public use even though it is privately owned. If this easement didn't exist before his purchase then he'd be a much more sympathetic chracter,but he bought this land that everyone could use with the intention of blocking everyone else out so he could privately enjoy it.
        rayiner 9y ago
        "Easement" isn't a magic word that let's the government use your property how it wants. (And no, the government can't just force you to run a public park on your property; governments have to buy the land they build parks on). There is an easement here--it's the right of way that arises allowing the public to cross private property in order to get to the sea shore. If that was what the litigation was about, Khosla would definitely be in the wrong. But the state is going way beyond that--it's forcing him to keep open the parking lot, allow access to the beach above the mean high tide line, etc. That goes way beyond the easement that exists. And the state admits that. There is no dispute in this case that the parking lot and sandy beach are not part of the easement. That's why the state had to go through a backdoor route: they're saying that he can't change the use of his undisputedly private property without getting a permit to do so.

by eloff 9y ago

yaur 9y ago

If the easement predates his ownership of the property, hasn’t he already been “compensated” in the form of a lower price for the property?

eloff 9y ago
Yes, exactly.

rayiner 9y ago

The previous owners ran a business allowing people to access the beach. Its not at all clear that he knew what he was buying into.” Put differently, your point is at most a standing argument. Either the previous property owners suffered the taking, or Khosla did. But somebody did.

gleenn 9y ago
While I'd have some sympathy for mistakes in real estate, the guy's a billionaire. If he can't afford a good agent that would point out that obvious issue then I don't know how anyone else gets anything done in that industry. He should be talking to his agent and not the Supreme Court.
couchand 9y ago
From the Court of Appeal opinion: "Prior to appellants' purchase of the Martins Beach property, appellants were told by San Mateo County that '[t]here is existing parking [and] access to the beach at Martins Beach. This access [is] also memorialized [and] required to be preserved (no exceptions) by the Local Coastal Program' and 'the access is there & will have to remain.'"
- rayiner 9y ago
  The government can’t just say you have to keep using your property in a certain way.
  - couchand 9y ago
    Nice job moving the goalposts there.
    - rayiner 9y ago
      Sorry I meant to elaborate the thought. The government can’t just tell you to keep using your property a certain way. So if you get a notice from the government claiming to exercise some power it probably doesn’t have, what exactly do you “know” you’re buying into? If the county sends you a letter saying that they want you to operate a public park out of your back yard. And then you sell your house to someone who has notice of that letter. What does that mean? That the government gets to order the new owner to operate their back yard as a public park?
      - lovich 9y ago
        When it's an easement, yes. And even with the public park example there is likely case law for that. We have numerous situations where land can be taken or designated for public use even though it is privately owned. If this easement didn't exist before his purchase then he'd be a much more sympathetic chracter,but he bought this land that everyone could use with the intention of blocking everyone else out so he could privately enjoy it.
        rayiner 9y ago
        "Easement" isn't a magic word that let's the government use your property how it wants. (And no, the government can't just force you to run a public park on your property; governments have to buy the land they build parks on). There is an easement here--it's the right of way that arises allowing the public to cross private property in order to get to the sea shore. If that was what the litigation was about, Khosla would definitely be in the wrong. But the state is going way beyond that--it's forcing him to keep open the parking lot, allow access to the beach above the mean high tide line, etc. That goes way beyond the easement that exists. And the state admits that. There is no dispute in this case that the parking lot and sandy beach are not part of the easement. That's why the state had to go through a backdoor route: they're saying that he can't change the use of his undisputedly private property without getting a permit to do so.