The Right Coast

Editor: Thomas A. Smith
University of San Diego
School of Law

A Member of the Law Professor Blogs Network

Monday, March 12, 2018

With Supreme Court challenge, tech billionaire could dismantle beach access rights — and a landmark coastal law

Unwilling to back down, Khosla is now appealing to the U.S. Supreme Court over his right to shut out the public. His latest argument not only challenges the constitutionality of the Coastal Act — if taken up by the nation's highest court, it would put into question long-established land use procedures and any state's power to regulate development anywhere.

"It's bold, it's arrogant, it wants to strike at the core of our society," said Joe Cotchett, lead attorney for the Surfrider Foundation, which sued Khosla in its fight for public coastal access. "This is so much bigger than a little beach in San Mateo County. It's a steppingstone to every coastline in the United States."


What kind of name is Khosla? Durn ferriners.

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WKPD: Foreshore - Approximately 55% of the UK's foreshore is owned by the Crown Estate; other owners of UK foreshore include the Duchy of Cornwall and the Duchy of Lancaster [also arms of the State]. I wonder who owns the parts that don't belong, collectively, to us.

In Orkney and Shetland, the Crown does not claim ownership of foreshore. Well, Vikings, aren't they?

So who owns the foreshore that doesn't belong to us ordinary

Posted by: dearieme | Mar 13, 2018 12:25:20 PM

House of Commons Hansard Written Answers for February 10 2009

Andrew George: To ask the Chancellor of the Exchequer who owns the foreshore in (a) England, (b) Scotland, (c) Northern Ireland, (d) Wales, (e) Cornwall and (f) the Isles of Scilly. [254698]

Angela Eagle:The Crown Estate owns around 55 per cent. of the foreshore around the UK. The rest of the foreshore is owned by various bodies, including the Crown and the Duchies of Lancaster and Cornwall, such as port authorities, local authorities, the National Trust and private individuals. The Duchy of Cornwall owns all of the Isles of Scilly foreshore, and the majority of the foreshore in Cornwall.

Posted by: dearieme | Mar 13, 2018 12:29:43 PM

Scotland is a sovereign territory and the Crown has a separate and different legal and constitutional identity in Scotland under Scots law, compared to the Crown in the rest of the UK under English law. Correspondingly, the property rights vested in the Crown in Scots law are different from those in the rest of the UK and belong to Scotland.

This is important because Crown property rights are a major component of land ownership in Scotland.

The Crown also still owns around 50% of the 18,000 km length of Scotland's foreshore. ... The exceptions to the Crown's ownership of the foreshore are of two main types. Firstly, there is no Crown foreshore in the Northern Isles under udal tenure, where ownership of the foreshore goes with the ownership of the adjoining land. Secondly, there are the many parts of the rest of Scotland's foreshore that have been acquired from the Crown by other land owners, much of it in the 19th century.

Posted by: dearieme | Mar 13, 2018 12:40:25 PM

Perhaps you haven't heard of Udal Law? We're all a wee bit Viking, aren't we?

Posted by: dearieme | Mar 13, 2018 12:41:57 PM

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