Mogul Seeks $30 Million From California to Give Beach Access

[branford]

7. There's no dispute that Khosla owns the property.

Last edited Sat Feb 27, 2016, 11:16 PM - Edit history (1)

He legally bought the property for a substantial sum, and it's his to do as he pleases. That is the nature of private property. The state depriving him of his exclusive private property rights by statute or otherwise at this point would no doubt be an effective taking.

Either his company and the State of CA can mutually agree on a settlement that might open the beach to the public or the state can take the property by eminent domain. Either way, by law the state will have to compensate Khosa for its full fair market value (and possibly for the dimishment in value of connecting and related properties owned by Khosa), and it does indeed appear to be valued at $30 million or more.

The lawsuits do not appear to be about the public's right to access, rather they're arguments about the actual fair market value of the property and likely the state's unwillingness to pay tens of millions of dollars from an already stretched budget for an infrequently used beach.

The state is free to make more beaches public. If they take private property to do so, they need to pay for it.


Edit: As per my later posts, the dispute appears to be about granting an easement for access to the beach rather than ownership of the beach itself. However, the monetary value of the easement is still quite substantial, and the basic points remain mostly unchanged.