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Silicon Valley Billionaire Fails To Prevent Access To Public Beach (theguardian.com)
Robotron23 writes: Vinod Khosla, a Silicon Valley venture capitalist, has lost his appeal to privatize Martins Beach -- a publicly-owned strip of coastline in California. Having previously fenced off the land in a bid to render the area private, Khosla has been ordered to restore access by a California court. Khosla had previously demanded the government pay him $30 million to reopen the gate to the beachfront. The law of California states that all beaches should be open to the public up to the "mean high tide line." "The decision this week, affirming a lower court ruling, stems from a lawsuit filed by the Surfrider Foundation, a not-for-profit group that says the case could have broader implications for beach access across the U.S.," reports The Guardian.
Hawaii's beach access law is even stronger than California's. Not only is the beach public up to the highest wash of the waves, but the public is allowed to cross private land to reach the beach, and landowners cannot block their path.
This is the law of the land because a little boy was unable to reach the beach near his home and had to walk for miles to swim in the ocean. Then that little boy grew up, and became the Chief Justice of the Supreme Court of Hawaii.
A class action law suit for the lost value of the beach to the public for the period of time they were illegally prevented access to it based on the claimed value put forward by the egoistic prick himself. So the rent on a claimed $30 million dollar asset plus penalties, likely doubling or tripling that, for the period access was denied and that money going to the local government as representatives of that community.
Chaos - everything, everywhere, everywhen
In Arizona, they would just rip the fence down.
My dad lived in a development in the foothills that abutted BLM land. They had large lots (20 acres minimum) and most lots extended down into the canyons. One guy decided he didn't want anyone in his canyon wash, so he drove pilings in and fenced it off with locked metal gate. Within his right, but his house was 100 feet or more above the wash and about a half-mile drive up the wash and back down the road to his house.
Within about two weeks, the pilings and gate he put up were *gone*. Someone with a powerful truck and/or winch had yanked them up and taken them away.
My dad said that around there, you just didn't block "public" access into BLM lands, and if you tried, they would knock the gates down. It was fruitless, one guy tried steel I-beams and found them cut off with an acetylene torch.
The bastard is ignoring the court ruling and is keeping the access way blocked. I'd like to see the judge issue an arrest warrant for contempt of court.
Well until the judgement is final it's not final. Though I like the approach they typically take to this type of cases here in Norway, which is to impose daily fines. They typically can't be stayed so you can delay and appeal all you like but the claim against you is constantly accumulating and if you eventually lose it's going to be pretty massive. It's the same for missing building permits and such too, they can't ask you to raze anything. But if you've built it illegally and want to drag it out through the court system a few years, it's going to cost you dearly.
Live today, because you never know what tomorrow brings
Since when do judges create laws? I think your history has a few issues.
Assuming you live in the USA or a Commonwealth (including most exCommonwealth) country, for close to the last millennium. We're all common law countries, which means that, to quote wiki
https://en.wikipedia.org/wiki/...
Though over the last few hundred years, much law has been legislated, still the courts interpret those laws, some of which are very vague, often on purpose as the legislature expects the courts to sort things out.
https://en.wikipedia.org/wiki/Inverted_totalitarianism