Let me add a bit more from the Ca State Constitution

Reader comment on: Vinod Khosla's Beach

Submitted by Lyle (United States), Jun 16, 2014 13:30

"No individual, partnership, or corporation claiming or possessing the frontage or tidal lands of a harbor, bay inlet, estuary, or other navigable water in this state shall be permitted to exclude the right of way to such water whenever it is required for any public purpose, and the Legislature shall enact such law that will give the most liberal construction to this provision so that the access to the navigable waters of this state shall always be attainable for the people thereof. Thus the justification sits in the state constitution which was voted on by the people. (Section $ Article 10) . Thus society has decided that this is a public usage, and consistent with the whole concept of soverignty made eminent domain ok, since it is clearly for a public purpose.

Private property by both state and federal constituions can be taken for public purposes, as long as reasonable compenstation is paid. This is the basic definition of being a soverign government that it can take property for a public purpose.

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