Posted on 08/19/2017 9:00:55 AM PDT by ptsal
One week after a state appeals court ruled that Silicon Valley billionaire Vinod Khosla cannot continue blocking public access to Martins Beach on the coast south of Half Moon Bay, the gate remains padlocked with no-trespassing signs.
**snip** But despite Khosla’s apparent defiance of the court in the high-profile case that could affect the public’s ability to visit other beaches across California, the San Mateo County Sheriff’s Office is making clear that it considers the scenic stretch of coastline open.
full title -Sheriff says visitors to Martins Beach won’t be arrested if they go around gates locked by billionaire Vinod Khosla
(Excerpt) Read more at mercurynews.com ...
Appears to thumb his nose at the court.
Oh, India still won't accept deportees? Trump, what of this? Why have you not stopped commerce with India until they do? Seems this was one of your talking points and promises during the campaign. Another broken promise.
At the rate Confederate memorial statues are falling...won’t be long until this gate is hugging the ground.
So who has a tow truck and some chains?
They are his gates, after all.
California is so stupid. There’s a thing called eminent domain where a government can declare the need for a public road to meet beach, they can seize the right of way, pay Kohlsa $360,000 and tell him to shut up.
His gates should be hauled off since they are on public land.
Thermite. . . .
Trump, what of this? Why have you not stopped commerce with India until they do? Seems this was one of your talking points and promises during the campaign. Another broken promise.This must be your lucky day.
Sorry I missed the part in the article about India's policies. But, you found a way to slam Trump for no apparent reason from an unrelated article.
He said WHEN they deport someone and the country won't take them back he'll deal with them. He DID NOT SAY he was out to change any country's policies on anything except WHEN we deport them and they refuse.
Nice try, although you need to work on your attention span on what people actually say. Even the ones you dislike from the outset.
So who exactly owns the beach? Is it part of the legally described deed? Or is the beach considered public property or a public right of way?
If this guy has legal ownership of the beach, then the state is in the wrong.
If he’s blocking access to public property, then he’s in the wrong.
he gate remains padlocked with no-trespassing signs
Then why hasn’t the sheriff cut the lock and removed the signs?
WTF are we paying the cops for if they won’t do their jobs?
Because the law does not work that way. The law provides different remedies in different situations.
If a court in a civil case orders a private citizen to do something, and the private citizen does not do it, that does not give a sherrif a lawful right to do it.
The remedy is that the other side, here it is the Surfrider Foundation, seeks a Contempt of Court order. That is a quasi-criminal proceeding. If they get the order, the court could fine or jail the citizen until the citizen obeys.
Analogizing from eviction actions, I expect it would go something like this:
For the Sherrif to remove the gate, the Surfriders wouldhave to ask the court for an order directing the Sherriff to remove the gate. That order would have to be filed in court. It would include an order to the clerk to issue a writ to the Sherrif instructing the Sherrif to remove the gate. The Surfriders would pay the writ fee, which isn’t much (and they’d recover from the citizen later) and take the issued writ to the Sherrif. The Sherrif might first post the property with a notice that the gate would be removed in a few days. This gives the citizen a chance to do it himself. If the citizen does not do it, then the Sherrif shows up and removes it. Anyone who interferes with the Sherrif learns the kind of lesson Michael Brown learned in Ferguson.
I’m not saying this is the only way to get the job done, but it is one likely way. Right now the Sherrif has no mandate to remove anyhing. He has gone as far as he can to say that no legal authority is going to intervene to prevent beach access. If Khosla were to engage in “self-help” such as by hiring goons he would be in deep yogurt real fast.
The Surfriders’ attorney is a hard-ass. He’ll get the job done.
If
I love a good practical solution.
Martins Beach, located just south of Half Moon Bay, is a public beach in front of a private gated community. The land and all the homes here were purchased by billionaire Vinod Khosla in 2008. At that time he closed the gate to the general public even though the road had been open on most days for a nominal day-use fee for many years. The Surfrider Foundation and others took up the battle to keep the beach open to the public and finally won in 2014. The gate is was open to the public on some days for a while, but he has since decided to keep it locked to keep us out. Staff members of...
https://www.californiabeaches.com/beach/martins-beach-half-moon-bay/
What we wouldn't want is for the Sheriff to take the law into his own hands - oh wait! Why haven't his deputies cut the locks and stood guard to guarantee safe passage.
Wow! So THAT’S how, ‘The Other Half’ lives?
Meh. I’ll keep MY view of rolling green hills dotted with cows, a crystal-blue sky and fluffy white clouds, thanks! :)
(I totally got slammed on a thread related to this the other day, so I ain’t sharing my opinion again!) ;)
Old farts “get off my beach” moment.
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