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Re:Vinod Khosla Wins Ruling Threatening Public Beach Access by arcticbull on Tuesday November 26, 2019 @01:43PM (#21641293)
The case against this here is fascinating. It’s basically a bunch of people who will likely never be able to afford their own beaches cheering on a billionaire as he takes the beach they currently have access to away from them because “freedom.” Yeah Mr Khosla, you take my beach! Wooo! You’re right, I shouldnt be allowed on there, I am the rif-raf after all.

This is basically the problem in a nutshell: people voting against their own interests because one day they may be rich (they won’t though, probably, because if everyone was rich nobody would be) and when they get there they want their own beach too. So they give their beach away to the wealthiest, and now nobody but Vinod has a beach. If instead they just agreed to share the beach they’d all have it now, but of course that’s un-American, apparently.

Re:Vinod Khosla Wins Ruling Threatening Public Beach Access by aetherson on Tuesday November 26, 2019 @01:55PM (#21641399)
It seems on-the-face-of-it unlikely that any significant population imagines that they will one day be able to own a private beach, even if they are unjustifiably optimistic about their future wealth. I've been around a lot of people who have hopes about their level of future wealth, and that's not a level anyone thought they would achieve.

So, look, have you considered that when you try to make common cause with the whatever non-super-elite class of people you're trying to make common cause with, you do it in a way that doesn't make you a patronizing asshole? Because you're assuming that people are too dumb or brainwashed to "vote their interests" rather than that they have a different conception of their interests than you do

Re:Vinod Khosla Wins Ruling Threatening Public Beach Access by arcticbull on Tuesday November 26, 2019 @02:01PM (#21641470)
You are of course right that I was being neither tactful nor political and wasn’t really expecting to sway anyone already committed to the idea. However I’ll ask openly and genuinely: what does anyone stand to gain by allowing a wealthy individual to cudgel away their right to access a large swath of beachfront as enshrined in the California state constitution? To what benefit to ones self can you possibly point?
Re:Vinod Khosla Wins Ruling Threatening Public Beach Access by nyxxie on Tuesday November 26, 2019 @02:50PM (#21641972)
I couldn't care less about this rich person's beach nor the people who want to surf on it, but I do care about the property rights issue at play here and how it intermingles with popular perception and treatment of "rich people" (a relative term that, for most people reading this, almost certainly is applied pejoratively to them by those who have less than they do). I don't like the idea that someone feeling entitled to something I own factors into the question of control over that thing -- I worked and paid for it, I should get to do what I want with it. It seems to me that this simple principle is thrown out when the owner is deemed "rich", which is frightening to me.

> To what benefit to ones self can you possibly point? I worry that tolerating the entitlement of the many over the rights of the few will result in a degrading of those rights. It's this dude's beach today, what about a website that I suddenly charge for tomorrow? Or hey, lets be realistic here, what about my future beach when that aforementioned website makes me my billions :)

Re:Vinod Khosla Wins Ruling Threatening Public Beach Access by geebee on Tuesday November 26, 2019 @03:06PM (#21642125)
I agree with you generally about property rights and "rich"people, though I'm not sure, based on this thread, if you know what is actually happening in this particular case. In California, you can't use private property to prevent people from reaching the ocean past the median tide line, which is public land by the state constitution.

Every bit of this was in place and well understood when Khosla purchased this land. The easement already existed. This isn't as situation where the government is coming in and seizing someone's private land, it's simply enforcing the easement that has existed for the last 100 years.

I apologize if you are aware of all this and are making a narrower point, that property rights shouldn't stop mattering because the person who owns it falls within the category of "rich people". However, there are all kinds of land use laws (another is "freedom to roam"[1]) that predate and preclude certain types of ownership. In other words, you can own property, and you have broad rights to do "what [you] want with it", but if you purchased it under conditions that were reasonably knowable at the time you made the purchase, it doesn't make sense to complain about it later.

Lastly, yeah, there is a problem here with rich. We're talking about a Silicon Valley billionaire showing up and denying access to a beach that the surrounding community had access to - as guaranteed by the California constitution - for the last 100 years. I'd say Khosla created his own popular perception of "rich" people in this case. It's the sort of thing were I can image other "rich" people cringing, like, dude, Americans still don't resent the wealthy, what are you doing here.

[1]https://en.wikipedia.org/wiki/Freedom_to_roam

Re:Vinod Khosla Wins Ruling Threatening Public Beach Access by nothal on Tuesday November 26, 2019 @02:57PM (#21642040)
It's not the billionaire's beach. He has no legal right to the beach front which is guaranteed as public by California law. I don't think your second point is reflective of this situation and I think your first is only somewhat reflective of the formerly public road.
Re:Vinod Khosla Wins Ruling Threatening Public Beach Access by Swenrekcah on Tuesday November 26, 2019 @03:16PM (#21642220)
> I worked and paid for it, I should get to do what I want with it.

When it’s a house or a table or a bicycle shop, this approach makes sense and I agree with it.

When it’s land or natural resources, it is perfectly sensible to place some general restrictions on what people can do. Those pillars of our existence were here a million years before the current owner and will be there for millions of years afterwards. The entire society depends to a lesser or greater extent on land and natural resources. It is irresponsible for society to allow the owner to do anything they want with it.

Now that’s not to say that nothing should be allowed, but for instance the right of travel for people that don’t cause the place harm in doing so, espesially if it is to their homes, should really win over the right of any individual to close of access to a working road for a place they never even go to.

I don’t hold strong views on this case in particular, but I felt compelled to rebut the general idea that land and natural resources are ‘property just like any other’.

Re:Vinod Khosla Wins Ruling Threatening Public Beach Access by arcticbull on Thursday November 28, 2019 @10:19AM (#21657881)
“Rich people” are quite rightly held to a higher standard in their actions because of their means. Vinod can go surf on any beach he wants, even if he can’t get wrongful exclusive access to this one, but his housekeeper who has equal right under the law is constrained by their means.
Re:Vinod Khosla Wins Ruling Threatening Public Beach Access by satyrnein on Tuesday November 26, 2019 @02:21PM (#21641639)
Some people may view it as a matter of right and wrong; that forcing a public accommodation onto a private citizen is unjust, even if they would benefit from it.

I say, forget what the previous owners thought. If the public needs a way to access some public land (the beach), build a public road. If the way is blocked by private land, that's what eminent domain is for. Seize some land and compensate Khosla. That's what would happen to regular people.

Re:Vinod Khosla Wins Ruling Threatening Public Beach Access by bnjms on Tuesday November 26, 2019 @03:28PM (#21642346)
That's what was done before he bought the land though? An easement was placed on it allowing for people to pass through to the beach right? It's the same situation as having a sidewalk in front of your house.
Re:Vinod Khosla Wins Ruling Threatening Public Beach Access by jonathlee on Tuesday November 26, 2019 @05:03PM (#21643212)
No, the actual previous owners of the were running access to the beach as a business. It was a road (driveway) they built and charged fees to use, not public.
Re:Vinod Khosla Wins Ruling Threatening Public Beach Access by arcticbull on Wednesday November 27, 2019 @08:59AM (#21647840)
That may have been illegal too, honestly.
Re:Vinod Khosla Wins Ruling Threatening Public Beach Access by Excel_Wizard on Tuesday November 26, 2019 @02:33PM (#21641777)
Living in a state that respects property rights has benefits. When you know that your state respects other individuals' property rights, you know it's less likely that they will trample your rights as well.

The case hinges on the previous landowner performing "public dedication" of the road by letting people use it. The concept of "public dedication" without the previous owners of the land creating any legal documentation, and possibly unaware of the legal consequences, that they are willingly performing public dedication of the road is absurd.

Re:Vinod Khosla Wins Ruling Threatening Public Beach Access by nothal on Tuesday November 26, 2019 @03:04PM (#21642113)
I wish I could find the resource I read but common law paths and easements have existed for a long time and it's not absurd that long-standing tradition can reflect intent or legal obligation. Domestic marriage after a certain number of years is one example.
Re:Vinod Khosla Wins Ruling Threatening Public Beach Access by aetherson on Tuesday November 26, 2019 @11:16PM (#21645196)
Note that there is no common law marriage in California.

The question of whether this dude's property rights do or ought to trump public access to the beach is a detailed point of law, and, I mean, clearly is not as black and white as some posters are making out (neither side trivially prevailed in a summary judgment through the courts). But this subthread is not whether the case was decided correctly on its merits, but whether people who think that Khosla should be able to fence access to the beach through his property are deluded idiots who wrongly imagine that they will someday own beaches themselves, and are agitating for this particular wholly imaginary self-interest, or whether they might have other reasons to believe as they do.

Re:Vinod Khosla Wins Ruling Threatening Public Beach Access by aetherson on Tuesday November 26, 2019 @02:44PM (#21641888)
As other people suggested, they may see it as more likely that a state that allows someone to put a gate up on their property that leads to a public beach will allow them to put up a fence around their yard, or cut down a tree on their property, or demolish a building on their property that they do not want.
Re:Vinod Khosla Wins Ruling Threatening Public Beach Access by colejohnson66 on Tuesday November 26, 2019 @09:49PM (#21644861)
When you buy a house with an HOA, you agree that the HOA can say what you can and can’t do to your house. When you buy a property in California, you are agreeing to follow the laws regarding public property. Maybe not explicitly, but they’re laws nonetheless.
Re:Vinod Khosla Wins Ruling Threatening Public Beach Access by supercanuck on Tuesday November 26, 2019 @03:37PM (#21642432)
if someone buys property surrounding a public property, and don't allow access to it.

Is it still public?

That is the issue, not property rights.

Re:Vinod Khosla Wins Ruling Threatening Public Beach Access by eadmund on Tuesday November 26, 2019 @07:08PM (#21644046)
I can't speak for others, but I consider it a benefit to live under the rule of law — all law, which includes the U.S. Constitution (which makes itself and treaties the supreme law of the land), the Treaty of Guadalupe Hidalgo (which protects land rights as they were prior the the Mexican-American War) as well as the California state constitution.

I think I benefit if the rules are explicit, well-written and apply to all players, without a 'we want to screw this rich guy' escape clause. I would also like it were it easier for everyone, not just a really magnificently rich guy, to defend his legal rights and privileges against the government.

I'll never have more than a rounding error of his wealth, but I may every well someday be the recipient of the same sort of bile that he's receiving, and I think that in that case I would benefit from a fair government and laws, rather than a howling mob.

The French Revolution is not a good example of good behaviour.

Re:Vinod Khosla Wins Ruling Threatening Public Beach Access by arcticbull on Wednesday November 27, 2019 @09:02AM (#21647871)
> I would also like it were it easier for everyone, not just a really magnificently rich guy, to defend his legal rights and privileges against the government.

The government is the reification of will of the people, including yourself. It acts out the will of the people, and the will of the people is that the beaches are everyone's property. Sometimes the government is right, sometimes wrong, and having processes to mitigate and remedy is important, however it's not some towering obelisk of Mordor smiting left and right.

Re:Vinod Khosla Wins Ruling Threatening Public Beach Access by tdhoot on Tuesday November 26, 2019 @02:21PM (#21641638)
Right. I'm never going to get arrested or be on trial (statistically), so why defend the civil rights of those accused? I'm much more likely to be a victim, so why vote against my own interests?
Re:Vinod Khosla Wins Ruling Threatening Public Beach Access by arcticbull on Tuesday November 26, 2019 @03:22PM (#21642281)
To be clear you are the victim in this case. It’s also in your interests as an individual to reduce incidence of crime and strict policing and minimum sentences don’t, prison reform does. That would in fact lead you to vote for whatever reduces the likelihood of your being victimized too, and that’s Scandinavian prisons and policing. You should vote for reduced recidivism and a functional rehabilitation system and not a punishment system that’s so utterly failed.
Re:Vinod Khosla Wins Ruling Threatening Public Beach Access by tdhoot on Tuesday November 26, 2019 @07:21PM (#21644140)
What does strict policing have to do with civil rights, like the right to face your accuser, the right to a jury trial, protections against double jeopardy, etc.?

My point being sometimes people vote or defend ideas that they believe are fundamentally right -- regardless of whether they themselves benefit from those ideas.

Re:Vinod Khosla Wins Ruling Threatening Public Beach Access by arcticbull on Wednesday November 27, 2019 @08:47AM (#21647756)
> What does strict policing have to do with civil rights, like the right to face your accuser, the right to a jury trial, protections against double jeopardy, etc.?

I'm suggesting that as someone who doesn't want crime to happen to them, this is the kind of thing you'd optimize for anyways. Jailing people in and of itself doesn't reduce crime, in fact, the US recidivism rate is so high, if you locked up innocent people and people guilty of low-level crimes you'd probably increase the crime rate. That's how ineffective America's police/prison industrial complex is at reducing crime. As such these procedures are something you'd want to keep people out of America's wildly ineffective prisons.

> My point being sometimes people vote or defend ideas that they believe are fundamentally right -- regardless of whether they themselves benefit from those ideas.

Sure. However, a rich man refusing to let the people of California onto their beach in support of exercising their constitutional rights isn't one of them.

I'm not saying rich to engender animosity against his wealth, he earned it, that's great. I'm pointing out how many other options he has. He could literally use his money to build his own synthetic ocean in the middle of California and put a beach house on that. Instead, he's chosen to spend his largesse to keep Californians from being able to exercise their constitutional rights so he can have a slightly better view. That's the definition of a dick move.

Re:Vinod Khosla Wins Ruling Threatening Public Beach Access by homonculus1 on Tuesday November 26, 2019 @02:09PM (#21641537)
This is an uncharitable and condescending take, although it does follow a sadly pervasive rhetorical pattern.

Essentially it erases the question of whether this might be a case of protecting the fundamental rights of our society from erosion, and reduces the problem to the immediate material circumstances. With all of that difficult nuance and caution gone, anybody who disagrees with the foregone conclusion is just a poor and stupid rube.

Re:Vinod Khosla Wins Ruling Threatening Public Beach Access by luckydata on Tuesday November 26, 2019 @02:17PM (#21641605)
What about my fundamental right of enjoying the public natural beauty of my state?
Re:Vinod Khosla Wins Ruling Threatening Public Beach Access by cronix on Tuesday November 26, 2019 @02:54PM (#21642014)
Why do you consider it a fundamental right to be able to go on someone else's private property, even if it was allowed public usage in the past? Maybe CA should have passed some sort of beach front protection like Oregon did in 1967. Nobody can own the beach. It's all public. https://en.wikipedia.org/wiki/Oregon_Beach_Bill
Re:Vinod Khosla Wins Ruling Threatening Public Beach Access by learc83 on Tuesday November 26, 2019 @03:17PM (#21642232)
California already has such a law. It's in the state constitution.
Re:Vinod Khosla Wins Ruling Threatening Public Beach Access by SkyBelow on Tuesday November 26, 2019 @03:25PM (#21642316)
Would such a right entitle me to be able to camp out on your property? Back yard? Forest behind your backyard? Forest 10 miles away from the nearest dwelling?

This isn't a fictitious question either, because some countries do have such laws (with some level of exception for actual places of dwelling). At the core is the notion of being able to own something, which itself is something we feel is simple because of how common we engage in the act, but which philosophically is far more complicated to deal with than people give credit (even more so when one considers nature gives no sanctity to the body).

In general governments have 'good enough' laws that make enough people happy without getting to the real philosophical questions, but in doing so leave open edge cases which have unsatisfactory answers because the philosophy cannot be reconciled with the practice.

Re:Vinod Khosla Wins Ruling Threatening Public Beach Access by homonculus1 on Tuesday November 26, 2019 @02:22PM (#21641663)
It's perfectly valid for you to argue in defense of that right, even that it trumps property rights if that's what you believe. What's not okay is to say that the people siding with the issue's other concerns are dumb greedy idiots who shoot themselves in the foot because they can't understand sharing.
Re:Vinod Khosla Wins Ruling Threatening Public Beach Access by strbean on Tuesday November 26, 2019 @02:30PM (#21641744)
Every person in the United States has had the right to access any beach in California for almost 50 years. To act like this case represents an "erosion of property rights" is disingenuous.

Next we'll be talking about "eroding the rights of people to buy the ocean".

Re:Vinod Khosla Wins Ruling Threatening Public Beach Access by WillPostForFood on Tuesday November 26, 2019 @03:10PM (#21642157)
Not exactly. There is a right to be on the beach up to the mean high tide line, (except government owned/controlled beaches), but there is no guarantee of access, which is the issue here, and in places like Malibu colony.
Re:Vinod Khosla Wins Ruling Threatening Public Beach Access by strbean on Wednesday November 27, 2019 @05:00PM (#21652599)
There is a guarantee of access.

See [PRC Division 20 Ch3](https://leginfo.legislature.ca.gov/faces/codes_displayText.x...)

Particularly:

> Development shall not interfere with the public’s right of access to the sea where acquired through use or legislative authorization, including, but not limited to, the use of dry sand and rocky coastal beaches to the first line of terrestrial vegetation.

This is an access point that has been used by the public for decades.

Re:Vinod Khosla Wins Ruling Threatening Public Beach Access by tinkerrr on Tuesday November 26, 2019 @02:34PM (#21641779)
The argument on the other side is that this is a matter of what's good for society in the long-term. For example, supporting a law that says "let's take all the money of class X and give it to the rest" would always be "in the interest" of the majority in the short term. That doesn't make it right.
Re:Vinod Khosla Wins Ruling Threatening Public Beach Access by arcticbull on Wednesday November 27, 2019 @08:48AM (#21647766)
It's called progressive taxation and no, it's fine.