Thursday, May 23, 2024

American aggression


https://en.wikipedia.org/wiki/Spanish%E2%80%93American_War

https://en.wikipedia.org/wiki/Mexican%E2%80%93American_War

https://en.wikipedia.org/wiki/Overthrow_of_the_Hawaiian_Kingdom

https://en.wikipedia.org/wiki/Bay_of_Pigs_Invasion

Monday, May 13, 2024

Martin's Beach

https://www.sfgate.com/bayarea/article/martins-beach-access-road-private-property-14863810.php

The Friends of Martin's Beach sought to prove the public has a right to use the road because of "public dedication." In property law, this dedication can either be explicit (a land grant by the owner, for example) or implied. The Martins Beach case was one of implied public dedication; the Friends argued because previous owners allowed beach-goers to use the single road down to Martins Beach, that constituted public dedication of the road.


The court ruled this was not the case, as the owners were charging a parking fee.


“Payment of a fee to access or use property implies that such use is not a matter of right but instead is a permitted use,” the appeals court wrote in their ruling. “A party who pays for a privilege and is granted the privilege in exchange for the payment is not acting as though he or she had an unfettered right to exercise the privilege.”


"Because the public’s use of the road and beach was thus permissive, it did not ripen into a public dedication that would give the public a permanent right to use the property," the ruling continued.

https://www.courts.ca.gov/opinions/nonpub/A154022.PDF


https://www.sfgate.com/opinion/openforum/article/Public-agency-overreached-on-Martins-Beach-5668020.php

https://www.hmbreview.com/news/judge-rules-against-public-access-for-martins-beach/article_ffdc327e-3d05-11e3-9292-001a4bcf887a.html

https://www.eastbaytimes.com/2013/10/01/setback-for-martins-beach-access-movement/

https://medium.com/@vkhosla/martins-beach-a-matter-of-principle-property-rights-b32f4de1c97

http://titleinsurancecenter.com/Title%20Insurance%20Pages/Cases/Opinions/FriendsOfMartinsBeach_v_MartinsBeach1.pdf