Eminent Domain Mulled For Public Access To Martins Beach 'Owned' By Silicon Valley Entrepreneur

SAN MATEO COUNTY, CA – The California State Lands Commission is due to consider at a meeting in Sacramento today whether to begin eminent domain proceedings to obtain a public right of way to Martins Beach near Half Moon Bay.

Public access to the Peninsula beach, popular with surfers and families, has been in dispute since its current owner, Silicon Valley entrepreneur Vinod Khosla, began seeking to close it in 2009.

Khosla bought the beach area in 2008 and beginning in 2009 sought to keep the public out by closing the gate to the only road and posting a "No Trespassing" sign.

The previous owners kept the gate open most of the time, displayed a welcome billboard, built a parking lot and sometimes charged a parking fee.

The possibility of using eminent domain to seize and pay for a public easement to the beach was raised in a state law enacted by the Legislature in 2014.

The measure, introduced by state Sen. Jerry Hill, D-San Mateo and Santa Clara counties, instructed the State Lands Commission to negotiate with two companies created by Khosla, Martins Beach 1 and Martins Beach 2, to acquire a right of access.

If negotiations are unsuccessful, the measure authorizes the commission to use eminent domain to obtain public access.

The commission, which manages state public lands, is made up of state Controller Betty Yee, Lt. Gov. Gavin Newsom and Finance Director Michael Cohen.

Its agenda for today's public meeting includes a staff report on the status of negotiations, followed by public comment and then by a closed session in which the commission will consider whether to use its public
domain power.

A written version of the staff report published with the agenda says that after two years of efforts, "it is staff's opinion that it cannot reach a negotiated agreement" with Khosla's companies.

The staff proposes that the easement would need 6.39 acres to and along the beach, including 0.21 acres for a parking area. The staff has not disclosed its financial evaluation of the land needed, but says Martin Beach
1 "strongly disagrees with the staff's assessment of the value" and has proposed a cost of $30 million.

On Monday, the first day of the new legislative session, Hill introduced a bill to appropriate money from the state's general fund to pay for commission staff resources and the acquisition cost if the agency decides
to pursue eminent domain.

Hill said that after the value of the right-of-way land is set, he will amend the bill to include the specific amount.

"It's important to show that the Legislature is willing to help fund the effort to uphold the public's constitutional right of access to California's beaches," Hill said in a statement.

Three lawsuits concerning the beach are pending. Two lawsuits filed against Khosla's companies by beach users are working their way through the state court system.

The third was filed in federal court by Khosla's companies against the State Lands Commission, California Coastal Commission and San Mateo County, and is due for a status conference in February.

• ALSO SEE: Body Washes Up On Peninsula Beach

Previous coverage:

• Silicon Valley Owner Of Martins Beach Sues 2 State Agencies, San Mateo County
• Sheriff's Office Says They Will Not Arrest, Ticket Martin's Beach Visitors
• Judge Rules Martins Beach Owner Must Obtain Permit to Close It
• MARTINS BEACH: Brown Signs Law Requiring Negotiations for Public Access

--Bay City News/Morguefile photo