California's beaches belong to the public
latimes.com
latimes.com
https://en.m.wikipedia.org/wiki/Mass_trespass_of_Kinder_Scou...
The thing I don't understand is why police don't simply cut the lock every time Khosla locks the damned thing. It's gone to court, he lost (as he should have), and now he continues to blatantly violate the law. Petty criminals have been shot and killed (thousands of times) over less blatant disregard of a legal order, but a rich guy can get away with a massive theft of a public resource for years without any consequences. Money may not buy happiness, but it certainly buys the right to be a truly awful human being without consequence.
Why can't a citizen simply call the police every time a gate is closed and locked? Send Khosla the bill for a locksmith or whatever it takes to restore access. Cities do it for overgrown lawns (which is harmless, IMHO), and this is causing actual harm to the public good.
I'm happy to pay for someone to get bolt cutters and put them somewhere nearby for the public to use when needed.
"Break glass in case of affluenza"
Because I think a lot of judiciaries are just like companies in the sense of not wanting to draw unwanted attention, risk high costs or worse – having to deal with awkward situations at posh drinking events — think I got that last part from a movie.
The scarier thing to consider is what does it cost not to hold this person in contempt of court? Much of society is built on the justice system being able to do its job and much of that ability is built on court orders being respected. What happens when some rich person sets a precedent of disobeying court orders without consequence?
Am I misinterpreting the situation? Regardless, the ethics of the thing are clear, to me. This is theft of a public resource. And, I would hope the courts would continue to agree; a billionaire can buy a lot of do-overs in the US legal system, but hopefully, he can't buy the result he wants.
You make one hell of a rant, man. Props.
People can't walk on the ocean. And while, yes, beaches connect to the ocean which then connects to other beaches, beaches may not connect directly to other beaches, and even if they do, the other beaches may not be accessible due to geography irrespective of legality.
I don't know what the solution is today and I am not suggesting that we should make it legal to murder someone like Khosla, but we need a mechanism for addressing the fact that our legal system cannot control everything. Someone this rich winds up being beyond the law in far too many ways and they don't care.
I think one of the things wrong with modern life is the delusion that the legal system is in control to a greater degree than it is. This has all kinds of problematic side effects. There are far too few rules for what to do when someone is breaking all the rules and it means that rule followers are routinely crapped on by certain classes of rule breakers in a way for which there is no real remedy.
There are many ways to fix that, that have been discussed a thousand times in forums across the Internet. But really, if your police are acting in the will of the general citizenry, they would be arresting anyone repeatedly breaking the law to such a large degree as this, no matter what. If they aren't you can tell the police are not loyal to the people, especially when instead they spend their time bloodying or killing people taking recreational drugs instead.
I am fine with the courts and legal system trying to come up with solutions that say, in essence, "for little things, you are allowed to bandage it yourself and here is the list of approved remedies."
Thinking about this more, a suitable punishment at this point IMO would be something like revoking his driver's license, not allowing renewal of any vehicle registration, denying tax returns, etc. Why does he continue to be allowed to use the public roads while denying the public access to a space?
He wants to win the principle to control the access to the beach. Sorry to be pedantic, but if he would be living there full-time, he might have an argument, but he doesn't.
Which is much worse than just wanting the beach, because he's fighting a battle to set a precedent that is directly contrary to the public good.
And, of course, as a surfer and computer scientist I find Mr. Khosla disgusting because of this.
Regarding why he ignores the ruling, the article says he does it on "principle". Presumably, he feels it's his land and he can do whatever he wants with it. But it would be interesting to hear him defend his position himself rather than having to put words in his mouth.
As to why he gets away with it, presumably the penalties for ignoring the courts are not severe enough. Maybe he's just rich enough to pay whatever fine has been levied on him and keep access closed.
It reminds me of when Microsoft was fined by the courts something like a million dollars a day for violating antitrust regulations, and they just paid and kept violating (if I'm remembering this right). Some companies prefer to just get the law changed in their favor instead, or maybe get people elected who will defund regulating bodies or put their cronies in control, etc. When you're rich enough you have many options for evading the law.
And this is the crux of it. Khosla is a multi billionaire. He could afford to pay a fine of $10,000 a day for the rest of his life.
At what point does this become contempt of court and lead to jail time? Unfortunately, in the US, the answer is likely "never, because he has too much net worth".
I believe that for a fine to be fair, it must be based on a percentage basis of disposable income[0].
[0] https://www.theatlantic.com/business/archive/2015/03/finland...
then, in the near future, when the government eminent-domains the land, it would use that same money to make the payment ... not all of it, of course ... maybe 25% of it.
the remaining 75% could go toward building a parking lot and some bathroom facilities for the public.
Schadenfreude all around.
A lot of money shouldn't mean a lot of potential to cause a lot of strife for a lot of people.
Bottom line, property law derives a lot from English Common Law. It's possible for people to obtain rights that are not documented in any contract through customary use, or via common sense (e.g. If you sell someone a parcel of land completely surrounded by your land, you must grant them access to their property).
The down-side for both parties is that common law is up to even more interpretation than statutory law.
http://www.sfgate.com/bayarea/article/Vinod-Khosla-wants-30-...
Simple solution, set fine to a percentage of income or wealth. Require that penalty to be under the three strikes and you are out. So we hit you with 0.0025% of your wealth at three strikes and keep moving the decimal to the right until you play ball.
https://goo.gl/maps/hAyPMsWvJV52
I'd be curious if there's a story there. If Genentech knew they needed to do this and just did it or if it was settled after. Either way it would be good to know.
On the other hand, I tried walking in the Dogpatch area of San Francisco near the end of 25th street along the water and was warned off. When I called the government to check why that wasn't public I was told not all coastline is public.
https://goo.gl/maps/VVRNoHyKkSk
A better example of that I'm pretty sure you can't access the shoreline around SFO.
"Scattered throughout Downtown San Francisco are public plazas, atriums, and roof gardens. Privately Owned Public Open Spaces (POPOS) hide behind secret elevators, security guards, and stairs. Their elusive trait raises the question: if they are public, then why are they hidden?
In a city where land is scarce, POPOS allocate open space to prevent overdevelopment. The 1985 Downtown Plan mandates developers build and maintain 1 sq ft of public space for each 50 sq ft of commercial space. Yet, developers hide them from the public to keep cost of maintenance low..."
[1] - https://medium.com/sf-popos/the-21-secret-parks-of-san-franc...
Here's a list of companies that Khosla ventures invested in:
http://www.khoslaventures.com/portfolio/all-companies
Is anyone who works for or owns these companies reading this? Would you be willing to quit your job or return funding so as not to support a sociopath and to help make the world a better place?
Anyone know people who work for these companies? It would be great if you could (kindly) remind them of the types of people they are working to enrich every day and how those people are using their riches to abuse society. Bet we can change a few minds!
Where is it exactly? I'll do it next week.
The article said there's security on the premises, so be prepared for that sort of trouble (make sure you've got an emergency number and people who know what's going on in case you're arrested). Though, I have a hard time seeing how restoring legal public access could be considered a crime. Maybe just bringing witnesses and cameras will be enough to protect you from security.
Power Hand Tool Safety - Die Grinder Use
If security causes you to be arrested and imprisoned, you, and everyone else file civil lawsuits against Khosla.
The more interesting question is whether you'll be prosecuted. If I was the DA, i wouldn't bring charges against anyone who did this (which would be completely within my discretion). This would result in Khosla having to be forced to file civil lawsuits for trespass or something (which he'd lose). It would also mean the police would likely stop arresting you.
But i don't know whether the DA in Khosla's part of town is in favor of the billionaires or the beach access folks.
San Mateo Sheriff in late 2015: no citations for trespassing will be issued at Martins Beach.
http://www.montarafog.com/2015/01/sheriff-we-wont-cite-anyon...
GitLab:
http://www.khoslaventures.com/portfolio/gitlab
Hyperloop Technologies:
http://www.khoslaventures.com/portfolio/hyperloop-technologi...
Instacart:
http://www.khoslaventures.com/portfolio/instacart
Square:
http://www.khoslaventures.com/portfolio/square
Stripe:
http://www.khoslaventures.com/portfolio/stripe
Vox Media:
1. http://ww4.hdnux.com/photos/45/63/00/9908283/3/1024x1024.jpg
2. http://ww2.hdnux.com/photos/32/27/65/6913369/19/rawImage.jpg
All we need here is 5,000 people to show up at the same time, 4,999 of them carrying beach towels, and one of them carrying bolt-cutters and a beach towel, and then they enjoy a day at the beach.
Or several days, resupplied occasionally with food and so forth by the GoFundMe campaign.
So it would be murder. Who knows, maybe Khosla wants to hunt humans for the sport of it but probably he just wants to keep paying miniscule fines hoping to wear the public down.
I'd lodge the fines in the form of the land he owns abutting the easement.
If the road was owned by the county and he gated it somehow he wouldn't have a leg to stand on but the problem is more nuanced ... Should he personally have to incur a large cost to maintain a public good b/c of proximity? It does seem arbitrary. A better man might sell the road to the county or come to some other compromise but he's become obsessed with the principle of the matter.
I don't understand why this hasn't happened yet. Probably 95% of us would be better off and it would make things interesting again. It would open up many new opportunities for everyone.
Why do the majority of people who are not wealthy vote for things which benefit wealthy people? Those same wealthy people who only care about themselves.
The fact that this comment will probably get down-voted by lower and middle-class people is mind-boggling to me.
Though it's ironic given that the majority of wealthy people have no principles themselves; yet they are very good at teaching them to other people.
Christ, what an asshole.
I'd feel terrible if i somehow blocked somebody's family picnic. Yet here is someone doing this to hundreds of people, probably, every weekend. There are possibly thousands who grew up in the region and went to that beach regularly. I simply cant personally imagine being so completely void of consideration.
Now what about picking the lock? If the gate or lock is not damaged it might be ok. Since the access is public it wouldn't be breaking in or trespassing?
Even more interesting if the only way out is via the gate, and his minions lock the gate there might be case for kidnapping? Call the police and claim you have been kidnapped by Khosla. Too far fetched probably...
"It seems to us that it's an important issue to be litigated," Gallo said. "I have a strong belief that the Constitution doesn't require you to give up property rights or conduct a business you don't want to conduct."
Mark Massara — a surfer and attorney who is working with McClosky and the law firm Cotchett, Pitre & McCarthy on the case — said he believed the constitutional arguments have merit. But since that approach could drag on for years (think Geffen), his team opted for "a very narrow strike to the heart of this thing."
We detached this comment from https://news.ycombinator.com/item?id=14679391 and marked it off-topic.
"Joan Gallo, a former San Jose city attorney who represents the land owner, agreed that the courts should weigh in. The Deeneys had run a private business, she said, allowing invitees of their choosing onto the property, and that hadn't changed.
"It seems to us that it's an important issue to be litigated," Gallo said. "I have a strong belief that the Constitution doesn't require you to give up property rights or conduct a business you don't want to conduct."
Mark Massara — a surfer and attorney who is working with McClosky and the law firm Cotchett, Pitre & McCarthy on the case — said he believed the constitutional arguments have merit. But since that approach could drag on for years (think Geffen), his team opted for "a very narrow strike to the heart of this thing."
This isn't the "property rights" hill you want to die on. This is an utter jerk being an utter jerk. This is a rich man trying to use money as a substitute for following clear Law.
This is such extreme lawless behavior that every time that every time I see a company take investment from Khosla it stains that company in my mind forever.
I can't tell what the Constitution says about which path the public must use to access a beach.
Is it the case that the State or municipalities failed to secure or purchase property to build a path, and now want a single citizen to pay for this path?
Public access to Martins Beach, and to all land seaward of the mean high tide line in California, is guaranteed in the state’s constitution and mandated within the Coastal Act of 1976."
It’s not as if this was an after-the-fact decision, the public access path existed when he bought the property, as did the existing law and state constitution. His responsibility as a property owner there is to maintain that public access.
That isn't really a choice. You can either going along with what the employee says, or a) appeal their decision b) change the law, or c) abide the consequences. They also presumably have records.
As for why this path, California has a prescriptive right of access--if people have customarily accessed the beach through this path (for 5 years, I think), then they are permitted to continue doing so. The California Constitution also doesn't just make the beaches public, but explicitly provides for public access to them:
No individual, partnership, or corporation claiming or
possessing the frontage or tidal lands
of a harbor, bay, inlet, estuary, or other navigable
water in this state shall be permitted to
exclude the right of way to such water whenever it is
required for any public purpose and
the Legislature shall enact such law as will give the
most liberal construction to this
provision so that access to the navigable waters of
this state shall always be attainable for
the people thereof.Is the issue then that there is a discrepancy between property rights and access rights that needs the CA Supreme Court to resolve?
The Denny's (previous owners) used to CHARGE for access to the beach, presumably supporting the case that access through this path is not a right.
Source: "Joan Gallo, a former San Jose city attorney who represents the land owner, agreed that the courts should weigh in. The Deeneys had run a private business, she said, allowing invitees of their choosing onto the property, and that hadn't changed.
"It seems to us that it's an important issue to be litigated," Gallo said. "I have a strong belief that the Constitution doesn't require you to give up property rights or conduct a business you don't want to conduct."
Mark Massara — a surfer and attorney who is working with McClosky and the law firm Cotchett, Pitre & McCarthy on the case — said he believed the constitutional arguments have merit. But since that approach could drag on for years (think Geffen), his team opted for "a very narrow strike to the heart of this thing."
Khosla doesn't have to run a business - he doesn't have to let people park there, and he doesn't have to provide lifeguard services or security. He just has to let people access the beach. Read what I posted elsewhere, 100 years of beach access via this route creates a proscriptive easement which has legal weight.
<BAM>
Im so sorry for forgetting about the quotation marks - Captain Nitpick!
<WHAM!>
AND NOW FOR THE VILLIANS!
Or is it a pick and choose document?
Unfortunately from what I witnessed there's way too much money to be made in this business, so if somebody is going to adopt someone else's approach, then it's going to be the ex-communist countries.
socialism. Socialism is when the state provides something for the people. Fire, police, roads, buses/public transport, parks, the post office .. all that is socialism.
Communism is buying a round of beers and the next person in your group buying a round of beers. It's the understood unspoken agreement between your flatmates to keep the place clean. It's the communal aspect of humanity and we all practice it every day.
So well put. Most families practice "From each according to his ability, to each according to his needs." Evil communist pigs!
No, socialism has nothing to do with the state. It just describes a social-economic system where workers collectively own the capital goods they use to produce value, rather than members of the capitalist class. This is why kibbutzes could be described as "socialist" despite being entirely private and not related to the Israeli state.
Social democracy and "welfare states" are what you're thinking of.
The UK: https://www.gov.uk/right-of-way-open-access-land/use-your-ri...
Scotland, which has even broader rights than the rest of the UK: http://www.ramblers.org.uk/advice/paths-and-access/england/w...
Sweden: http://www.swedishepa.se/Environmental-objectives-and-cooper...
Norway: https://www.visitnorway.com/plan-your-trip/travel-tips-a-z/r...
Public access is absolutely compatible with private land titles and liberal democracy - we just need the government to step up and implement it over the objections of the privileged few.
1. By the law of nature these things are common to mankind, the air, running water, the sea, and consequently the shores of the sea. No one, therefore, is forbidden to approach the seashore, provided that he respects habitationes, monuments, and buildings which are not, like the sea, subject only to the law of nations.
2. All rivers and ports are public; hence the right of fishing in a port, or in rivers, is common to all men.
3. The seashore extends as far as the greatest winter flood runs up.
4. The public use of the banks of a river is part of the law of nations, just as is that of the river itself. All persons, therefore, are as much at liberty to bring their vessels to the bank, to fasten ropes to the trees growing there, and to place any part of their cargo there, as to navigate the river itself But the banks of a river are the property of those whose land they adjoin; and consequently the trees growing on them are also the property of the same persons.
5. The public use of the seashore, too, is part of the law of nations, as is that of the sea itself; and, therefore, any person is at liberty to place on it a cottage, to which he may retreat, or to dry his nets there, and haul them from the sea; for the shores may be said to be the property of no man, but are subject to the same law as the sea itself, and the sand or ground beneath it.
TLDR: Really old Roman dude said watery stuff is public.
Public beaches are a good thing, but it's wasteful to ban ownership of all 840 miles of California coastline. Some people want private beaches, even if the law doesn't allow for it. They'll lock gates, block roads, and otherwise shirk the law to get what they want. The state then must then expend significant resources discovering and sanctioning these people.
A better solution would be for the state to tax private beaches. That would collect significant revenue from people like Khosla while still allowing only a small fraction of the coast to be privately-owned.
Edit: I'm not saying we should ban public beaches. I'm saying allow something like 20 miles of private coastline and auction off the rights every year. The other 820 miles of coastline would remain public, and the state would collect millions in revenue to be used for social welfare.
"Public access to Martins Beach, and to all land seaward of the mean high tide line in California, is guaranteed in the state’s constitution and mandated within the Coastal Act of 1976."
Or is there a difference?
What could go wrong if some poor kids will never get to see the beach? It makes it even more of an incentive to work hard, am I right? /sarcasm
The truth is that the bigger the disparities between rich and poor the more violent the environment gets. So, let those poor kids access to the beach and you'll be able to enjoy your wealth.
Also, read my comments. If anything, my proposed idea would reduce the number of de-facto private beaches and increase wealth transfer to the less fortunate.
If what is lawful differs from what is most conducive to human flourishing, it is the law that should be changed.
If we're talking about laws being conducive to human flourishing, then the law is perfect as is, and in fact, should have even more teeth to make it easier to enforce.
The current law is designed for the exact purpose of human flourishing. Specifically, the flourishing of ALL the citizens of California and visitors thereto.
The law, as is, prioritizes the flourishing of millions of people over the flourishing of a very few extremely wealthy individuals.
This is a textbook example of a good law.
Right now, the law banning private ownership of beaches is all but unenforced. One can currently buy a private beach for the cost of a fence and a gate. I'm saying we should tax private beaches so that:
1. The state has an incentive to enforce the law. (Just like any business, law enforcement favors profit centers to cost centers.)
2. We can limit private beaches to a small fraction of the total coastline.
3. The revenue collected can be used for social programs benefiting the less fortunate.
If anything, that's the opposite of "...looking out for the interests of the wealthy property owners who want to violate California law."
Another thing: "It violates California law" is not a good reason to condemn something. For five years, same-sex marriage was a violation of the state constitution. When I voiced my opposition to that law, social conservatives the same argument as you. (Though they were less snarky about it.)
I think your comment is uncharitable, untrue, and unkind.
>> Public beaches are a good thing, but it's wasteful to ban ownership of all 840 miles of California coastline. Some people want private beaches, even if the law doesn't allow for it. They'll lock gates, block roads, and otherwise shirk the law to get what they want. The state then must then expend significant resources discovering and sanctioning these people.
>> A better solution would be for the state to tax private beaches. That would collect significant revenue from people like Khosla while still allowing only a small fraction of the coast to be privately-owned.
A better solution would be to change the law so the fine for blocking access is computed relative to net worth, and to allow for collection of all court costs related to enforcement and collection.
That way the state could fine Khosla $3,000,000 a day for breaking the law, plus make him pay the bill for the legal actions required to collect the money. Failure to pay the money would result in foreclosure of his property.
People like Khosla need to be reminded that they are just like the rest of us.
Remember: This proposal would mean millions more for social programs. I think things like education and health care are more important than ensuring everyone's right to access 100% of the entire coastline. (Which isn't even the case today, as the law rarely enforced.)
Why not just skip the middleman and raise capital gains and estate taxes? Also what would keep the 2% landowners from paying lobbyists and politicians to lower the coastline taxes, like they have paid to lower capital gains and estate taxes?
A simple example would be if there are an average of 100 violations per year of people blocking access that require state intervention and an average annual operating cost of $1M, then the base fine is set at $10,000.
Instead of rewarding the folks breaking the law by letting them do it and taxing it because you can't afford enforcement, shift the burden of cost of enforcement to those in violation of the law.
Also, this idea of selling off public goods is a slippery slope -- if folks see that selling a little bit of beach here and there can raise funding for projects that will get them relected it will be hard to resist dipping back in.
When it comes to lakes, mountains, woods, waterfalls, caves, cliffs, and other majestic natural phenomena, we're fine with some being privately-owned and some being public. We have mechanisms in place to ensure that we make the right trade-offs (eg: natural parks, nature preserves, zoning). Plenty of states and countries allow private beaches and they do just fine. I don't see why the coastline is so special that we must ban all private ownership, even if it means sacrificing valuable revenue for social programs.
Who said anyone cared about turning sociopaths into a revenue stream? (Although to my eye, it beats some of the others the state has...) The goal is to stop the sociopathic behavior.
Frankly, I am more of a mind with those advocating the bolt-cutter option. Make it an every-Saturday, media-friendly community event - a trip to the beach. Make it fun - bring clowns. Private security won't go too far with that many cameras around, and a few people willing to risk a jail visit would go a long way.