While efforts to reopen Martins Beach to the public painstakingly trickle through the court system, the issue will again come crashing down on the floor of California’s Senate in the coming week.
State Sen. Jerry Hill, D-San Mateo, jumped a legislative hurdle Thursday with Senate Bill 42 passing the Senate Appropriations Committee. He is seeking funds to potentially seize for public access a strip of land winding toward the coveted crescent-shaped cove just south of Half Moon Bay.
Hill proposed the bill this year as a way to equip the state after negotiations with the wealthy property owner stalled.
The beach just south of Half Moon Bay has been the focus of three pending lawsuits, legislation and two state environmental agencies since Venture Capitalist Vinod Khosla bought the property in 2008 for $32.5 million.
“When you have a property that the public has been able to access and enjoy for 100 years, and that right has been taken away from them, [then] I think there’s a real strong interest in providing that opportunity,” Hill said. “Especially, if anyone has every seen the beach, there’s no more beautiful beach in California.”
The State Lands Commission is now in the process of deciding whether to use its authority of controversial eminent domain for the first time in its nearly 78-year history. However, officials noted funding isn’t yet available.
Should Hill’s bill be signed into law, and the SLC takes the plunge into what’s expected to be a lengthy eminent domain proceeding; financial support could come from the state, county, nonprofits and members of the community. Currently, the SLC has a statewide Kapiloff Land Bank Fund that is restricted to supporting negotiated easements and cannot be used for eminent domain. Hence, Hill’s proposal seeks to rectify that by creating an entirely new subaccount specific for Martins Beach.
“This legislation is important to have the funds available for whatever they choose to do, they can’t go forward with it now because they don’t have any money for it,” Hill said, while noting it could also be used if negotiations pick up again.
Possible county contribution
As a state with a long-standing history of ensuring beach access, coastal advocates and the community grew outraged when the property closed it to the public in 2010. Now, San Mateo County is also considering whether to allocate $1 million toward an easement should the SLC opt to proceed.
The SLC is in the process of studying the controversial condemnation process following the direction of prior legislation authored by Hill in 2014.
As a follow-up, Hill’s latest legislation would allocate $360,000 from the state’s budget, up to $1 million from the SLC and allow the public or other government agencies to donate toward securing a 6.4-acre easement along an existing road and spanning the beach.
Eminent domain is a complicated legal process and ultimately it could be up to a judge or jury to decide how much the easement is worth. The SLC offered $360,000, but Khosla’s attorneys countered it could be worth $30 million while at the same time emphasizing the Silicon Valley billionaire wouldn’t forfeit his private property rights.
It’s not yet clear what the fair market valuation would be, but Hill’s legislation would create a special fund that could be used should the SLC proceed.
The San Mateo County Board of Supervisors may also consider allocating $1 million should Hill’s law pass. Staff is studying the issue further and will work with Hill’s office before returning to the board for consideration, County Counsel John Beiers said.
Board President Don Horsley, whose district includes the coast and Martins Beach, initially raised the prospect of the county contributing to reinstating access at the beloved property.
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“It’s been a favorite spot for people for decades,” Horsley said. “It really is tragic to have San Mateo County residents no longer be able to access the beach, which actually in my opinion, belongs to the people of the state of California. To have it closed off in perpetuity basically is, I think, a shame.”
While acknowledging physical constraints with parking, he noted they hope to instill similar restrictions as on other county beaches, Horsley said.
Legal history
There’s a variety of moving pieces in the saga to reopen the beach since its 2010 closure and intermittent opening following a San Mateo County Superior Court judge’s 2014 order.
Three lawsuits are pending various stages of litigation in county, state and federal courts. Two were filed by coastal advocates, including the nonprofit Surfrider Foundation. In one case, a San Mateo County judge ruled in favor of Khosla, while Surfrider was victorious in its suit. Both are being reconsidered, and Surfrider’s case is now in state appellate court.
Late last year, Khosla and his attorneys fired back by suing San Mateo County, the SLC, the California Coastal Commission and others in federal court. The property owner argues his constitutional private property rights are being infringed upon and suggests the law created by Hill’s prior legislation is unconstitutional.
“Mr. Khosla is a man of principle,” his attorney Jeffrey Essner told the SLC in December. “Mr. Khosla is unwilling to be coerced into give up a vested constitutional property right.”
Next steps
SLC staff has remained tight-lipped about when the commission might review the eminent domain process. However, during a December meeting, the commission spoke passionately about the property.
“We are resolved to provide public access to this public resource, that is our purpose, that is our goal,” Lt. Gov. Gavin Newsom said during last year’s meeting before directing staff to study condemnation.
Newsom, along with State Controller Betty Yee and State Finance Director Michael Cohen, make up the commission responsible for protecting natural resources and managing waterways considered public lands.
In the meantime, Hill’s proposal now heads for a vote on the Senate Floor, where it must be approved by June 9 to continue on to the Assembly. It could be an uphill battle as Hill’s prior Martins Beach legislation faced opposition from hired lobbyists and only narrowly escaped the Legislature and onto the governor’s desk for signature.
Hill said he hopes they’re getting closer to reinstating access, particularly as a stronghold of support has come from state agencies, the county, advocates and the community.
“It shows the value of California’s coast and it shows the collaboration of every agency imaginable that’s there in terms of crafting whatever is within their jurisdictional power and authority to open the beach,” Hill said. “Everyone, but Mr. Khosla, is on the same page.”
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