He owns to the waterline.
The beach is the area within the very high tide zone and the water at any given moment.
He does not own the beach
Yes, but the surfers are also apparently claiming that they should be able to cross his land to get to the beach... and they want him to maintain a road for them! That’s why I figure he COULD win on very narrow grounds.
“He owns to the waterline.”
This.
Gov’t is empowered to specify how land is identified for ownership, including what constitutes ownable “land”. That includes stating that any “land” below highest-tide belongs to the state/nation, and how that may be managed; anyone who can walk/swim/boat to it (without crossing private property without permission) may use it.
He does not own the beach but apparently he is legally responsible to maintain the parking lot, road and probably trails, with accompanying liability issues. I think the question might be whether the state can force the owner to maintain public conveniences at his own expense.