3 ms·
The issue is that even if you get the easement, it only has to be to the land below the high tide line. So either way, Khosla would be under no obligation to ma
by bilbo0s 7y ago
The issue is that even if you get the easement, it only has to be to the land below the high tide line. So either way, Khosla would be under no obligation to maintain, or even keep, the current road and parking. As all of the current infrastructure is above the high tide line. That's the essential problem.
Also:
>It's a mockery of public access if the only access is by sea
It's the high tide line that is the marker, not the low tide line. So access is always by land.
The issue is that the current custom is to access via the road and parking above the high tide line. That's what locals are accustomed to, that's what is being taken away by Khosla, and that's what the suit is about.
- beerandt 7y agoNot quite, because legally, whether the custom was licensed or not matters. By paying the fee to park and cross the property, the public implicitly recognized his private property rights (which means the public didn't have any presumption of a public right-of-way, or even prescriptive easement). It's the public version of squatters rights, and you can't claim squatters rights if you've been paying rent the whole time.