[tathougies]

By California law, there is no such thing as ownership of a beach. All beach sands are public, by statute. You are asking who the owner is, but there is no owner of the rights of access or exclusivity, by law.

Of course, Khosla should have access to the lands he owns. Under California law, land is something that private citizens can own. A beach is not one of those things.

EDIT: that being said, private property rights do not always or even typically grant you exclusivity. Many jurisdictions have various requirements on what private landowners must allow the public to do on their land. For example, many jurisdictions have freedom to roam provisions, which ensure that the public has access to wilderness, even if privately owned. The United States does not have this in general, but it is certainly within the purview of the states to legislate such things. In many US cities, homeowners own the sidewalk and must maintain it, but allow the public access. This is written in the deed, or mandated by statue.

[Pyxl101]

The case is not about the beach itself. It's about land near the beach through which one can travel to visit it. Is Khosla obligated to provide the public with access to the beach by crossing his land? Ordinarily this kind of right is represented as an easement on the property, or as a roadway separate from the property, neither of which exist here.

The previous owner built a gate on the property, which was open and closed at their whim, posted "no trespassing" signs, and charged for access to the road and beach.

[tathougies]

Yes, you're right. I'm responding to the comment above which states that the case here is akin to forcing homeowners to allow people to picnic on their front lawn. The difference is that homeowners own their lawn, while Khosla does not own the beach. Many homeowners have easements requiring them to maintain sidewalks and allow the public to pass through (I know I certainly do). In this case, I suppose the question is if California's 1979 law implied this easement or not. Either way, it is hardly unprecedented.

[jacobr1]

Right, which is why the Supreme Count rightly refused the case. The issue isn't the general principle of beach access easements. The issue is the specifics of whether there actually is an effective easement on this particular property. Frankly, I can't tell from the article or the discussion if there actually is an easement. That fact that irrevocable easements can be created by long-term public use (called adverse possession?) makes this more complicated than it appears.

Regardless, the right thing for Kholsa to do is provide access. And further the bad press probably is causing more issues than the few folks that would be accessing it ever would.

[dragonwriter]

> That fact that irrevocable easements can be created by long-term public use (called adverse possession?) makes this more complicated than it appears.

“Easement by prescription”.