This Beach is Closed: Surfers & Beachgoers, Meet the Primacy of Private Property

Martins Beach - Half Moon Bay

Formerly Martins Beach in Half Moon Bay; with the road closed, I suppose that now we should call it Billionaire’s Beach. (But you’re welcome to go there by boat if you don’t mind the shark-infested waters!)

This isn’t an Orange County story — except that it sort of is an Orange County kind of story, if you know what I mean, even though it’s taking place in Half Moon Bay.  A billionaire has used an 1848 treaty to close public access to the public beach for which he owns the sole road access.  Because there’s still access to the beach from the shark-infested waters, if you start from across two gigantic rock formations, a judge has said “sure, you don’t have to recognize an easement just because people have been using this pathway for over 100 years.  Here’s CNNs video — I found it almost impossible to find, by the way, from the site itself!

When Silicon Valley billionaire venture capitalist Vinod Khosla purchased 53 acres of pristine beachfront property in the community of Half Moon Bay, avid surfer Mike Wallace feared that public access to one of the most scenic beaches on the central California coast would be closed permanently.

Wallace’s fear came true when Khosla indeed closed access and a judge ruled in his favor, a decision that hinged on a court ruling from the 1850s. The dispute raises questions about the balance between private property and public domain, as well as the tech titan’s commitment to the environment as a well-known investor in renewable energy.

Khosla, who co-founded Sun Microsystems, purchased the coastal estate for $37.5 million in 2008. When the sale closed, so did a gate along Martins Beach Road and the only accessible trail to the sand. Locals were outraged, and lawsuits have been flying back and forth ever since.

“One of the unique aspects is it’s also protected by strong north swells and winds and there aren’t too many spots up here north of Santa Cruz that your able to have beautiful clean waves,” said Wallace, who coaches the Half Moon Bay High School surf team.

I believe that you’ve been warned about this thing before now.  (“First they came for the fire rings….”)

So what do you think, Orange Countians?  “Billionaires Barricade Beaches” OK with you, or not?

About Greg Diamond

Somewhat verbose attorney, semi-disabled and semi-retired, residing in northwest Brea. Occasionally ran for office against jerks who otherwise would have gonr unopposed. Got 45% of the vote against Bob Huff for State Senate in 2012; Josh Newman then won the seat in 2016. In 2014 became the first attorney to challenge OCDA Tony Rackauckas since 2002; Todd Spitzer then won that seat in 2018. Every time he's run against some rotten incumbent, the *next* person to challenge them wins! He's OK with that. Corrupt party hacks hate him. He's OK with that too. He does advise some local campaigns informally and (so far) without compensation. (If that last bit changes, he will declare the interest.) His daughter is a professional campaign treasurer. He doesn't usually know whom she and her firm represent. Whether they do so never influences his endorsements or coverage. (He does have his own strong opinions.) But when he does check campaign finance forms, he is often happily surprised to learn that good candidates he respects often DO hire her firm. (Maybe bad ones are scared off by his relationship with her, but they needn't be.)