Posted on 10/29/2014 11:50:29 AM PDT by Sean_Anthony
The public's rights to someone's private property, Eminent Domain and California beaches
Before surfers and friends celebrate their victory over venture capitalist Vinod Khosla regarding access to Martin’s Beach through his land, they would do well to consider the following: now that the Governor has chimed in, threatening the use of eminent domain, what we have is the State controlling and/or taking someone’s private property. Recall that the function of our government is to protect our freedom, lives and property. So the government should have stood firmly behind Vinod Khosla and his right to use and control his own property as he sees fit.
Our laws also work on the basis of precedent. Governor Brown, with the encouragement of these complainers, has now set the precedent for the State to confiscate private property because some people want access to it. Hmmmm. That may sound great to these surfers now, but this also means that the State can turn around and confiscate their property—and anyone else’s—not just that of billionaires with beachfronts.
(Excerpt) Read more at canadafreepress.com ...
I wonder who this Vinod Khosla voted for?
I’d like to know more about this “Access” problem/issue as I’ve run into this regarding access to fossil areas in Calvert County, Md.
While I have absolutely no problem with private property rights and am against unjustified eminent domain seizures, there is a problem with what were once publicly accessed beach areas now being cut off to foot/car traffic to them.
The reason I’m interested in this is that for decades I took my children to the Calvert Cliffs/Governors’ Run/Scientist Cliffs, Md. area to find Miocene fossils (and took other children to various fossil sites as educational trips).
Today those beaches are no longer accessible (in some cases you can be invited “in” by a property owner but if you don’t know any, you are basically out of luck).
For some of these sites, an already existing road goes right to the beach. They private owners/association could charge a reasonable access/parking fee for visitors if a good plan were worked out.
I would like to take my granddaughter to the famous Calvert Cliffs State Park but it is a 2 mile walk downhill to the beach and 2 miles back up. I’m partially disabled with extensive psiatic nerve damage in my legs and back, thus making walking down or up anything almost impossible (I’m okay on flat ground unless I am suffering from an attack as I am at this moment).
Apparently there is no driving into the beach (though I will have to check if they have added any form of transportation for the handicapped).
I want my granddaughter, who is already a fossil collector and dinosaur hunter, to see one of the great fossil deposits on the East Coast and to learn the various forms of life that existed there from 2-25 million years ago, including the Great White Carchadon Megalodon.
Every year fossil sites are being destroyed or cut off from the public so field trips to them for school groups are also being limited.
In many cases, there should be a way for an “access” route to be worked out that respects private property but which also allows people access to our natural wonders.
This is one big can of worms.
The only thing you own in this world, and I mean the ONLY thing you own in this world, is your relationship with Jesus Christ. Everything else can be taken from you.
No, I am not writing this to convince anyone. I’m just stating a fact.
And so the ignorant rant continues. As a local who went to Martin's beach occasionally until Khosla decided to close it down, I have to say there was a pre-existing public easement and Khosla decided not to honor it. Khosla was fully aware of the requirement of coastal access and attempted to convert the public easement into private property. Furthermore he attempted to game the system into accepting his interpretation of the status quo, what with the nonsense about spanish land grants superseding the easement.
Resorting to threats of eminent domain to enforce a long-existing public easement is not out-of-control statism.
There are wonderful Miocene diggings on the banks of the Little Choptank north of Easton, Md. easily accessed by boat or auto across farmland.
This why I like Texas law. There is no such thing as “private beaches” at the coast and public access paths are REQUIRED, or BY LAW, people have a right to walk through your yard to access the beach.
Basically, the law states that you don’t own the beach and the ocean and that this is public area and therefore must be available to the public. When you purchase the property you are required to acknowledge this right of the people and you can either create a public access path or know that people have a right to traverse your property to access the beach.
I THOUGHT that was the law in California as well, so either the law has changed or this land owner has decided to remove public access through his property.
Well there seems to be the issue: owner has decided to remove right of way to the beach.
Didn’t know that. Used to go to a camp/work there in Bozman, Md, outside of St. Michaels. Also used to canoe on the Choptank down to Tilghman’s Island.
Were is the Micoene site located?
Thank you for bringing an informed alternative POV to the discussion. It seems the lead article left a few facts out.
There is a bridge 2 miles north of Easton crossing the river. The high bank is about 1/2 mile east of the bridge. I have been able to get there by land past the landfill. Poke around a bit. You will find it.
If you can canoe you can put in at the bridge.
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