Comment

Comment by sdnlafkjh34rw

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.

Discussion

Live from the official Hacker News API

A modern reader for Hacker News · SvelteKit + Skeleton