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Re: Lawyers - how is this possible [Danno]
Danno wrote:
Andrewmc wrote:
If there is a public right of way why do people just not going down and remove barriers? What legal right can the owner invoke to stop them? If police are called is not the owner liable for blocking it? Hoe can it be trespass?


The barriers are usually gated walls/fences. The right-of-way is likely quite small and nothing prevents a property owner from walling off his/her land from the masses. Likely, the gate across the right of way is put up appropriating the ROW for the property owner's own benefit. The police will not break down the walls or gates, but they likely will cite the property owner, but for those guys, a citation is nothing. They'll pay them ad nauseam because they're not criminal in nature and are chump change. The only way to get the gates down is to file suit like Surfrider did.


He'll keep on going until he finds somebody who either takes or pony's up the money:

"Khosla’s attorneys, who have argued the case is a violation of his private property rights, are expected to appeal to the state Supreme Court, and eventually perhaps, the U.S. Supreme Court"

Unlimited funds...

He basically wants to force California to buy the property just for the access.

http://www.mercurynews.com/...ic-by-appeals-court/
Last edited by: windschatten: Aug 11, 17 22:44

Edit Log:

  • Post edited by windschatten (Dawson Saddle) on Aug 11, 17 22:42
  • Post edited by windschatten (Dawson Saddle) on Aug 11, 17 22:44