Feeds

Want to go to billionaire Sun kingpin's beach? Hope you're a strong swimmer

Co-founder cites 1848 law from before state of CALIFORNIA EXISTED

The Essential Guide to IT Transformation

Surf’s up, but not on this beach. A judge has ruled that Vinod Khosla, the billionaire venture capitalist co-founder of Sun, is allowed to block beach-goers from walking or driving across his property to access the 200-acre stretch of coastal sand in front of it.

Martin's Beach road access closure

Martin's Beach Road closure (Google Earth)

Surfers and swimmers have used the beach, north of Santa Cruz, for years, getting to it from a turning of the public Cabrillo Highway South (Highway 1), Martin’s Beach Road. The previous owners allowed access and charged a nominal parking fee at the beachfront settlement area.

Khosla bought the property for $38m in 2008. The billionaire has blocked Martin’s Beach Road access the beach, citing the 1848 Treaty of Guadalupe Hidalgo.

Vinod Khosla

Vinod Khosla

This old treaty pre-dates the modern state of California by two years, and says that the United States has to respect land grants by Mexico if the owner filed a claim in respect of the property, and the original owner apparently did. Khosla, as the new owner, inherits those rights, and that enables him to legally prevent access to the beach through his property, over-riding California state law which guarantees access to the state’s beaches.

Surfers, swimmers and picnickers can still use the beach, if they get to it from the ocean.

Khosla’s lawyer, Jeffrey Essner, came out with this beauty: “We are very aware of the community concern about the situation, and it is unfortunate that we were forced into the legal process rather than a conversation with the community. The property owner strives to be a constructive member of the community, but it is difficult to have this conversation without the legal clarification on property rights and an acknowledgment of those rights."

More background can be found in local rag San Jose Mercury News here. ®

Build a business case: developing custom apps

More from The Register

next story
Arrr: Freetard-bothering Digital Economy Act tied up, thrown in the hold
Ministry of Fun confirms: Yes, we're busy doing nothing
Help yourself to anyone's photos FOR FREE, suggests UK.gov
Copyright law reforms will keep m'learned friends busy
Apple smacked with privacy sueball over Location Services
Class action launched on behalf of 100 million iPhone owners
US judge: YES, cops or feds so can slurp an ENTIRE Gmail account
Crooks don't have folders labelled 'drug records', opines NY beak
ONE EMAIL costs mining company $300 MEEELION
Environmental activist walks free after hoax sent share price over a cliff
UK government officially adopts Open Document Format
Microsoft insurgency fails, earns snarky remark from UK digital services head
You! Pirate! Stop pirating, or we shall admonish you politely. Repeatedly, if necessary
And we shall go about telling people you smell. No, not really
prev story

Whitepapers

Designing a Defense for Mobile Applications
Learn about the various considerations for defending mobile applications - from the application architecture itself to the myriad testing technologies.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Top 8 considerations to enable and simplify mobility
In this whitepaper learn how to successfully add mobile capabilities simply and cost effectively.
Seven Steps to Software Security
Seven practical steps you can begin to take today to secure your applications and prevent the damages a successful cyber-attack can cause.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.