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Indian-American billionaire Vinod Khosla loses round in Martin’s Beach battle
The storied venture capitalist has been fighting the state of California for over a decade to maintain private access to a beach that abuts his property.
Indian-American billionaire Vinod Khosla (left) hosted Joe Biden for a fundraiser at his home in California. / Courtesy Photo
SAN FRANCISCO, California — In a protracted legal battle spanning more than a decade, a Northern California court has ruled against billionaire Vinod Khosla, who has been fighting to keep a beach that abuts his property private, and not open to the public.
The venture capitalist and co-founder of Sun Microsystems bought the 89-acre property in 2008. Shortly thereafter, Khosla locked the gate to a small asphalt road that provides the only access to the picturesque Martin’s Beach. Security guards initially patrolled the beach and issued citations to those who violated the “No Trespassing” sign by jumping over the gate.
The crescent-shaped beach was popular for over 150 years with fishermen, and surfers. Families of picnickers would spend sunny afternoons at the beach, formerly owned by the Deeney family, which allowed public access for a small parking fee.
The California Coastal Act of 1976 mandates that all beaches are public. “There are no private beaches in California,” Linda Locklin, a spokeswoman for the Coastal Access Program of the California Coastal Commission told this reporter in an earlier interview.
She added that the California public owns all beaches to their “mean high tideline” level, the area at which waves crash the shoreline. Any restriction of beach access requires a permit from the Commission, but neither Khosla nor Martin’s Beach LLC have applied for a permit.
In 2020, the California Coastal Commission and the State Lands Commission sued Khosla, to remove no trespassing signs and to take down the gate. Khosla sought to have the case thrown out of court, but a judge ruled against him on May.10, allowing the state agencies to go ahead with their lawsuit, which will be heard in April 2025.
In 2013, the Surfrider Foundation filed one of two lawsuits against Khosla, asking him to open the gate that leads down to Martin’s Beach. After numerous judgments and appeals, that case was finally settled in favor of the Surfrider Foundation, when the US Supreme Court declined to hear Khosla’s appeal. A permanent injunction now bars Khosla from locking the gate or putting up no trespassing signs.
Attorney Mark Massara, a surfer who has represented the Surfrider Foundation during the long litigation process, quipped to New India Abroad: “The injunction is somewhat hostile. If you asked Vinod about it, he would say: ‘well, I don’t agree with it’.”
Massara said he’s had conversations with Khosla, urging him to sell the property, and gain tax credits. “He says he doesn’t want to. He’s having fun doing battle with the state.” The attorney alleged that Khosla has been to his property just once since he acquired it.
In brief encounters at public events over the years, Khosla has repeatedly declined to discuss the case with this reporter. The venture capitalist backs a number of green-tech companies, but says he is not an environmentalist.
In an interview with Bloomberg, Khosla said the battle was about property rights and a group of people trying to “coerce him” into giving up his private property.
Khosla’s attorney Jeffrey Essner had not returned calls to New India Abroad by press time on May.13.
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