I wanted to do some simple tabulations on COVID19 data so I did some work with Excel and public datasets. Never used Power Query before, so learned that.
Khosla seems to say the issue is maintaining the access path.. parking, bathrooms, etc. Is that correct? If so, would it make sense for California to seize that part the access path via eminent domain and provide those services?
Khosla is wrong, he doesn't have to provide anything except access to a path to the beach that already exists.
And California basically already seized an easement on his land years ago when they passed the law requiring beach access (although I'm not 100% sure how that's structured legally).
He might have a point about needing to maintain a relatively safe path, but so does every property owner in Malibu and they all seem to have it figured out.
I think his current argument is that he doesn't have to give access (maintain easement) because his property is part of an 1851 sale of Mexican property which has a treaty that supercedes Californian state law. Essentially a federal treaty supercedes state law through judicial review. So unfortunately the current interpretation based on the courts is that since his property is part of the 1851 sale which is governed by a federal treaty (which is always above the rules of state law), he doesn't have to provide easement at all.
I wonder if this means that any of the property owners involved in land as part of the 1851 sale can now block their existing easements for beach access.
> I think his current argument is that he doesn't have to give access (maintain easement) because his property is part of an 1851 sale of Mexican property which has a treaty that supercedes Californian state law.
That seems like a pretty radical interpretation. Wouldn't that totally undermine all state law, exempting him from stuff like building codes, state environmental laws, etc.?
Well take this with a grain of salt since this is from my high school government class, but it would only apply when the treaty conflicts with state law. So I assume in this case the treaty apparently gives him the right to not provide easements which is in direct conflict with the California state law. Since the treaty is federal law, it supercedes over state law where there is a conflict. I believe this is based on the Constitution: https://en.wikipedia.org/wiki/Supremacy_Clause
That doesn't mean Khosla is exempted from building codes, unless that 1851 treaty says something like "The US government shall be able to regulations the manner in which buildings can be constructed on this land."
Again this is just from what I've gathered from other posters. I'm curious what clause they took from the 1851 treaty that made it clear that he doesn't need to provide easements. Maybe there was a clause that the property could never be seized for public good which the Mexican government put in to prevent the government from evicting Mexicans who wanted to stay on their land post sale.
So does the federal treaty state specifically that land sold does not have to provide easement? If not, it seems like a weak argument. By that same logic, he could also put a casino on it and say that since the land was part of the federal treaty, he no longer has to abide by any state law at all while on the property.
I assume if the treaty says that he can open a casino then he can open a casino. Again, federal law supercedes state law. It's written into our constitution:
https://en.wikipedia.org/wiki/Supremacy_Clause
I have no idea what clause they took from that treaty to show he has the right not to provide easements.
It would be right for California to purchase the property via eminent domain. There is an existing mechanism, and I don't see why California doesn't do this rather than demanding a private citizen open his private property at a loss. This is like that bookstore in NYC, only Khosla is a Big Bad Billionaire so I see very different attitudes of "Oh, he can afford it." I'm not saying Khosla should keep the beach, but right is right; if California wants a public beach, she should re-purchase and pay for it.
Sure, if that was the law. But I don't think California law requires ca to purchase the land via eminent domain. The law is especially for this case where an easement is a defacto requirement when dealing with beach access. The legal process of emminent domain would be far too cumbersome for the many hundreds of miles of California beach line.
I love this type of material - I was exposed to some of it in college and found it to be extremely valuable to me during my software career. It completely changed my approach to troubleshooting.
I worked at four startups and gained so much experience at each. Even with the long long hours I really liked it. Three of the four failed - the fourth one eventually succeeded after 15 years and I received about $4,000 for my original shares as employee #3 (I can relate to the point in one comment about being a founder instead of an employee).
The founders entire job early on is to convince schmucks that they'll be rich if the idea succeeds while simultaneously making sure to give away as little in stock as possible. It takes people like Peter Thiel to pull that off
True, that. I was a schmuck that saw his equity diluted with every angel round in the one successful startup. But I'm still glad I went through it all.
People can take this as a cautionary tale to make sure your equity is protected or from an optimistic view that, at least, you gained something other than abundant riches :)
I almost got to use OS/2 for a commercial project.. we had fetch information from a PC desktop and feed it to an IBM mainframe while servicing up to two simultaneous users.
OS/2 1.1 EE had EHLLAPI support but was still a few months from release and I couldn't wait for it. I was really disappointed I didn't get to explore it fully because first look was really impressive.
I ended up using DOS + DESQview, and it worked out fine.
> I ended up using DOS + DESQview, and it worked out fine.
This was my standard setup for almost a decade, from my first 486 machine (my previous computer had been an 8088 PC clone, with only two 360K floppy drives and no hard disk) until I replaced it with a Windows 98 machine. I even ran Windows 3.1 occasionally in a DESQview window.
He also talked a struggling U.S. Grant into writing an autobiography which Twain then published. This basically saved Grant's family economically. (Grant's autobiography is a great book, btw)
You could use Yubikey with Yubico Authenticator - the secret key is stored in the Yubikey. I did this because phone upgrades were a PITA, as you alluded. If you wanted you could have two Yubikeys (I have my second one in a safe deposit box).
There are sites that show how to move your key to multiple Yubikeys. (Basically, backup your keyring before moving to Yubikey, then restore and repeat move to a new Yubikey).
