I believe that's the crux of Khosla's defense and why he is holding out. He seeks an eminent domain payment from the public -- $30 million -- to have access to Martins Beach via his property. It's unclear if this "principle" of requiring eminent domain for easements is consistent with the Coastal Act of 1976.

http://www.sfgate.com/bayarea/article/Vinod-Khosla-wants-30-...