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3 3 short paper limitations on rights1

3 3 short paper limitations on rights1

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3-3 Short Paper: Limitations on Rights

The major question in the article, ‘wrangles stuck between Surfers s and Kholsa Could

imply the closing stages of Private Beach admittance in California,’ is whether the rightful owner

of the property needs to get a permit, to close the gate that passes through his private land. The

Surfrider Foundation has pushed this case against Vinod Khosla and would possibly make the

new Californian law related to land use. Khosla is an immigrant from India, who came in his

early ages. After some time, he founded the Sun Microsystems and became the CEO if the

company. It ventured into the production of computers, servers, and software development such

as Java. It became widely known for the software that runs on almost all the computers in United

States and other countries. Later on, Khosla ’s company developed Nexgen, which was a

semiconductor company and a rival to Intel company. His success in America cannot be

understated.

In 2008, Sun Microsystems purchased an asset in San Mateo County thereby abutting a

section of the coastline that was referred to as the Martin’s Beach (Kassouni 1). It led to a

dispute since to access the beach; one had to cross Khosla ’s private property. It was the only

path that reached the Beach through the land; otherwise, other means were very expensive for

ordinary people. Since 1960s, way before the Coastal Act was enacted, the road had remained

gated. The people who initially owned the land allowed the Surfers and other people visiting the

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beach to pass upon paying a small fee. Due to the frequent occurrence of the beach erosions,

Khosla has found the maintenance of the road too expensive and, therefore, decided to close it.

The county’s court after litigation passed a resolution that Khosla was the rightful owner of the

road fee-simple, and there was no law that compelled him to allow public use of the road.

The Surfriders Foundation was not satisfied and, therefore, filed a case in the superior

court. Their argument was that closing the gate was tantamount to violating the California

Coastal Act that sorted permit from the Coastal Commission. In other words, closing the gate

would counteract the objective of the new development that the Coastal Act initiated. However,

the definition according to the commission is broad and covers some projects beyond

construction and use of water. The Surfrider is of the view that the definition should include the

alterations to accessing the beach through a private land. It means that if Khosla’s action affects

the people visiting the beach, then the Coastal Commission should permit his action. It also

means that if Khosla allowed 20 people to pass his land on Sunday, he needs a permit to reduce

the number to 19 on Monday. Therefore, once the public has accessed the beach through his

private property, he would forfeit his right to deny them access.

This restriction falls under the Zoning Ordinance. The regulation limits how a person can

use their property in the cities and the counties. The rule acts on the development of real estate

(Martindale-Hubbell n.p). Under this law, the assumption is that each property requires

protection against use of neighboring property that curtails the enjoyment of the ownership.

Khosla property has stood in the way of accessing the beach, which contravenes the Zoning

Ordinance.

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Surname 1 Name Course Tutor Date 3-3 Short Paper: Limitations on Rights The major question in the article, ‘wrangles stuck between Surfers s and Kholsa Could imply the closing stages of Private Beach admittance in California,’ is whether the rightful owner of the property needs to get a permit, to close the gate that passes through his private land. The Surfrider Foundation has pushed this case against Vinod Khosla and would possibly make the new Californian law related to land use. Khosla is an immigrant from India, who came in his early ages. After some time, he founded the Sun Microsystems and became the CEO if the company. It ventured into the production of computers, servers, and software development such as Java. It became widely known for the software that runs on almost all the computers in United States and other countries. Later on, Khosla ’s company developed Nexgen, wh ...
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