It's clear Vinod Khosla really cares about the environment.
Vinod Khosla wins key Martins Beach battle
11–20 of 20 posts
Re: Vinod Khosla wins key Martins Beach battle
#12Regardless of what the law says, we shouldn't forget that this is assholish behavior. And Vinod Khosla should be ashamed of himself. Not that he cares or that I'm trying to incite anything. It's just important that we not forget this important point.
Yupp. Relevant: http://www.surfrider.org/campaigns/entry/open-martins-beach
Re: Vinod Khosla wins key Martins Beach battle
#13Earlier quoted context omitted.
Not exactly, the court ruled that the land grant rights that Alviso got from the Mexican Government before California existed as a state, "extinguished" the right of California to change the rules. It will be interesting to watch on appeal. The reason you would rule that way is because California can't simply go in and change your property rights, at least not without compensating you and using eminent domain. That h…
I don't see why the reasoning didn't go like the following. California law requires the property owner to give up rights. The eminent-domain laws require the state to compensate property owners when forcing them to give up rights. Conclusion: The property owner must allow beach access to the public, and the state must pay the property owner for allowing this. EDIT: The comment by gojomo would seem to explain this.
Yup, the question is whether or not the treaty trumps California law otherwise it would have worked exactly that way.
I like the idea of working out a 'patch' to the treaty, although I don't think I've heard of that ever happening in practice, new treaties yes, but patching an old one not so much.
Re: Vinod Khosla wins key Martins Beach battle
#14Wouldn't it be great if all of us could choose (only when it suited us) to live our lives according to mid-19th century laws.
Re: Vinod Khosla wins key Martins Beach battle
#15This quote from Wikipedia describes it as a particularly bully like behavior.
"Martin's Beach was previously a popular family beach and surf spot before Khosla purchased the property adjacent to the beach and blocked access."
Re: Vinod Khosla wins key Martins Beach battle
#16Earlier quoted context omitted.
> If this is upheld it could have some interesting repercussions on water rights in the Central Valley > if I remember, some of those were parts of Mexican land grants as well. That's both news to me and a wincing moment of "wow, California politics really do come down to water issues 90% of the time".
I remember telling a friend's kid, in ~2000, that if she really wanted a totally secure future, that she should quit computer programming and become a riparian lawyer. I maintain that this is still the best advice I've ever given.
It absolutely is. I took a California Government class in college that blew my mind about how much of bipartisan political scheming is about water, to this day, because there's so much money in it.
His oft repeated quote was "when politicians agree on something and it stays out of the news, it's usually not in the public interest".
People like to make fun of Las Vegas as a city that wouldn't exist without imported water but most of So Cal wouldn't either. The bad guy in the film Chinatown is loosely based on William Mulholland, the chief engineer for the Los Angeles Department of Water and Power.
Re: Vinod Khosla wins key Martins Beach battle
#17Weird, seems to be a kind of "squatter's rights" for rich people applied here. It's illegal to exclusively possess a public beach by impeding all access to it, but the courts rule that since it was done for many years, it is legal in this case.
I think it's more subtle than that, deriving not from a tradition of possession but rather an international treaty that predates California as a state. If the US promised, in the 1848 Treaty of Guadalupe Hidalgo, to honor in perpetuity the property grants of Mexico in the conquered/ceded territories, maybe that promise still applies. And if the Supreme Court already ruled (in 1859!) that California law can't alter th…
I don't get it, from my understanding they clipped (somehow in a geometric sense) an international treaty with a constitution, normally it's sorry for the treaty.
Re: Vinod Khosla wins key Martins Beach battle
#18Earlier quoted context omitted.
Not exactly, the court ruled that the land grant rights that Alviso got from the Mexican Government before California existed as a state, "extinguished" the right of California to change the rules. It will be interesting to watch on appeal. The reason you would rule that way is because California can't simply go in and change your property rights, at least not without compensating you and using eminent domain. That h…
I don't see why the reasoning didn't go like the following. California law requires the property owner to give up rights. The eminent-domain laws require the state to compensate property owners when forcing them to give up rights. Conclusion: The property owner must allow beach access to the public, and the state must pay the property owner for allowing this. EDIT: The comment by gojomo would seem to explain this.
Adverse possession may be used to force an easement on the grounds that the access road was itself de-facto public. If not an easement maybe forced in any case.
Re: Vinod Khosla wins key Martins Beach battle
#19Earlier quoted context omitted.
I think it's more subtle than that, deriving not from a tradition of possession but rather an international treaty that predates California as a state. If the US promised, in the 1848 Treaty of Guadalupe Hidalgo, to honor in perpetuity the property grants of Mexico in the conquered/ceded territories, maybe that promise still applies. And if the Supreme Court already ruled (in 1859!) that California law can't alter th…
I don't get it, from my understanding they clipped (somehow in a geometric sense) an international treaty with a constitution, normally it's sorry for the treaty.
Under the U.S. Constitution's Supremacy Clause [1], it's the other way around: treaties signed by the U.S. government take precedence over state constitutions.
[1] This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.
Re: Vinod Khosla wins key Martins Beach battle
#20Earlier quoted context omitted.
I don't get it, from my understanding they clipped (somehow in a geometric sense) an international treaty with a constitution, normally it's sorry for the treaty.
Under the U.S. Constitution's Supremacy Clause [1], it's the other way around: treaties signed by the U.S. government take precedence over state constitutions. [1] This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shal…
Hum ok, sorry. The doctrine in France is that the Constitution has supremacy. But the trick is that our Constitution is only 55 years old, so somehow we don't have that many "cadavers in our closets", previous treaties (and I guess it's mostly treaties signed 1945 -> 1958) were taken care of explicitly in our Constitution, the rest is recent history.
It's not to say that it doesn't haunt our government, European Court Of Human Rights is just a treaty after all, and it fundamentally changed our criminal procedure a few years ago, but we integrated this treaty inside our Constitution, and allowed it to hit us on top of our laws.