Supreme Court won't hear case over California beach access
Source: Associated Press
1 hour ago
WASHINGTON (AP) The Supreme Court is refusing to hear an appeal from a California billionaire who doesnt want to open a road on his property so that the public can access a beach.
The justices said Monday that they will not take up Vinod Khoslas appeal of a California appeals court decision. The case had the potential to upend Californias longstanding efforts to keep beaches open to the public.
Khosla bought the property in the San Francisco Bay Area for $32.5 million in 2008 and later blocked the public from accessing it. That prompted a lawsuit by the nonprofit Surfrider Foundation.
A state appeals court ruled last year that Khosla needed to apply for a coastal development permit before denying public access.
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Read more: https://apnews.com/9f75d9b2d38946f68dbf02391a8a27f0/Supreme-Court-won't-hear-case-over-California-beach-access
Calista241
(5,586 posts)bucolic_frolic
(43,257 posts)Sounds like the appeals court is encouraging development if they require a development permit to enforce his property rights. So the land belongs to him, with public access, until he plants communities or industries of some type, which changes the landscape and property attributes.
You think you own things. Real estate (derived from 'royal estate' - part of the king's) is only yours if you obey government laws and pay taxes. It's like a transferable lease in perpetuity.
Hekate
(90,773 posts)...we all own. And believe me, billionaires and millionaires are quite snitty about it.
bucolic_frolic
(43,257 posts)He doesn't have to pay taxes? He doesn't own it? A development permit is not to develop? I only ask because I'm missing something. I don't live in CA but property laws concerning real estate and development are generally the same state by state, with some major variations such as who owns what's above, what's deep down below, what moves sideways underground ...
displacedtexan
(15,696 posts)I think that's what you're missing. Occasionally, someone tries to change the law, but so far that hasn't worked.
bucolic_frolic
(43,257 posts)So he's trying to claim what he doesn't actually own by way of lawsuit. Sort of akin to right of way tactic, where in many states you can bulldoze over someone else's land to get to your land, then, after the fact, sue them for right of way. Gotcha. Thanks!
LisaM
(27,826 posts)My boyfriend's cousin (from California) went on a beach in Washington state that was clearly marked "Private" (and which was seriously only ten feet from a public beach; the access was different on two sides of a set of stairs), and got into an argument with a woman who asked her to move. The cousin said that she tried to "explain" that beaches were all owned by the public! I didn't even know it was that way in California, so clearly, there is confusion on the issue.
yourmovemonkey
(267 posts)and anything 15-20ft from the shoreline (not totally certain about the distance). If you can find a place to legally access the waterway, you can paddle or wade as far as you want. There are a lot of places that are still inaccessible though.
TeamPooka
(24,248 posts)Auggie
(31,184 posts)Hekate
(90,773 posts)bluestarone
(17,018 posts)The ninth judge is seated?? Just my thoughts here. (CAN THEY?)