If this is a public right of way, then doesn't it take just a single surfer to come along and improve the right of way by clearing obstructions? A cordless sawzall is like $100, and bolt cutters are much less.
They'd likely end up receiving a SLAPP by Khosla, but surely there would be some judgement-proof surfer willing to shoulder the long tail risk, and plenty of people willing to pay for the legal defense.
All of what you're suggesting already happened. The surfers brought a lawsuit to establish there is a public right of way. They lost (on two different theories of why there is a public right of way): https://www.bloomberg.com/news/articles/2019-11-26/billionai...https://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?art... ("Therefore, the court of appeal in Friends I found that, because the Martin’s Beach property had been certified under the 1851 law without any mention of a public interest and never passed into state ownership, there could be no common law public trust easement over the land to the water."). California is now trying to establish there is a public right of way on a third theory.
In the meantime, California has been end-running around the whole right-of-way issue. It's been saying "whether or not there is a public right of way, you need a permit to put up obstructions."
This has worked insofar as Khosla has not actually applied for a permit yet. But at some point the State will have to justify denying Khosla a permit, and asserting "we're going to do through our fence-permitting powers what we cannot do as a matter of property law" is not a great look.
While I would say you shouldn't fully trust some people, coming up with wild conspiracy theories don't help.
Not trusting people with money (regardless if it's a lot) says something about society in general. People should understand that even amongst the rich, people are very different and diverse despite being in the same socioeconomic class.
> If this is a public right of way, then doesn't it take just a single surfer to come along and improve the right of way by clearing obstructions? A cordless sawzall is like $100, and bolt cutters are much less.
No, for the same reasons you can't demolish your neighbor's house the instant you found out the surveying was done wrong and it's on your property. There's a lengthy legal process involved before you get to do that.
Cutting the lock would be destruction of someone else's property. Their actions are a separate legal issue.
There is a huge difference between mistakenly building over a property line and intentionally obstructing a shared in-use right of way. Parties to a right of way generally have the right to improve and maintain it for their use. Removing a lock would be a reasonable action to maintain access of a shared right of way, similar to cutting up a downed tree, towing a parked car, etc.
They'd likely end up receiving a SLAPP by Khosla, but surely there would be some judgement-proof surfer willing to shoulder the long tail risk, and plenty of people willing to pay for the legal defense.