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Judge orders property owner to reopen gate at Martins Beach

Original post made on Dec 6, 2014

A San Mateo County Superior Court judge on Friday issued a final ruling affirming that a Silicon Valley entrepreneur must reopen a popular beach near Half Moon Bay that he closed to the public in 2010.

Read the full story here Web Link posted Saturday, December 6, 2014, 9:19 AM

Comments (8)

Posted by What next?
a resident of another community
on Dec 6, 2014 at 10:21 am

Will the court order require access during the 2-3 year appeal?


Posted by Menlo Observer
a resident of Menlo Park: Central Menlo Park
on Dec 6, 2014 at 4:37 pm

Judge Mallach was wrong in her opinion and I believe her ruling will be overturned on appeal. What she has done is exercise eminent domain without restitution. The Fifth Amendment of the United States Constitution states "nor shall private property be taken for public use, without just compensation."

This verdict should be appealed. What the State of California should have done is exercise its eminent domain power and take land at the edge of Mr. Khosla's property and and justly compensate him for that land. The fair value should be determined by an independent property assessor with no ties to either the State of California or Mr. Khosla.

Shame on Judge Mallach! If that is not a case of judicial overreach I don't know what is.


Posted by Coastal access
a resident of Atherton: other
on Dec 7, 2014 at 9:16 am

The price paid for the land reflected restrictions on its use - including public access. There has been no "taking" from the buyer. Rather, the buyer has endeavored to take access from the public.


Posted by Peter Carpenter
a resident of Atherton: Lindenwood
on Dec 7, 2014 at 9:28 am

Peter Carpenter is a registered user.

Posters should remember that Martin's Beach was never "open" to the public. A fee was charged, numbers of entrants were limited and the times of access were limited and varied without notice. Restoring these previous practices would certainly satisfy the judge's directive to revert to the status quo ante but it will hardly satisfy those who want free 24/7 access.

Khosla could imply implement the former Martin's Beach restrictions and let the opponents stew in their false victory.


Posted by Robert
a resident of Menlo Park: Felton Gables
on Dec 8, 2014 at 10:42 am

Robert is a registered user.

Here is a crazy idea. Those who want the open access 24x7 - raise funds, then make a fair offer to Khosla. If he rejects, then you have an argument. If he accepts then you have a solution (and the liability of those on the property).


Posted by Peter Carpenter
a resident of Atherton: Lindenwood
on Dec 8, 2014 at 12:18 pm

Peter Carpenter is a registered user.

Joe - Fortunately you live in a democracy where the voters get to decide who shall represent their interests. In my case those voters have elected me overwhelmingly three times to serve them as a Director of their Fire District.

And what has been your contribution to our community?


Posted by Brian
a resident of Menlo Park: The Willows
on Dec 9, 2014 at 2:53 pm

Brian is a registered user.

"Joe - Fortunately you live in a democracy"

We live in a Republic.


Posted by Peter Carpenter
a resident of Atherton: Lindenwood
on Dec 9, 2014 at 3:56 pm

Peter Carpenter is a registered user.

Brian - You are absolutely correct and that is why Khosla's rights are also protected by the law.


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