
Surf-riding over the Republic and the Rule of Law
The public's rights to someone's private property, Eminent Domain and California beaches

Our laws also work on the basis of precedent. Governor Brown, with the encouragement of these complainers, has now set the precedent for the State to confiscate private property because some people want access to it. Hmmmm. That may sound great to these surfers now, but this also means that the State can turn around and confiscate their property--and anyone else's--not just that of billionaires with beachfronts.
State Senator Jerry Hill, who sponsored the bill to force Khosla to let the public onto his property, had this to say, "By the governor signing this bill, it affirms what we've already known and believe, but some have tried to circumvent, tried to go around the law and the Constitution and the public's right to the beach. This affirms that and that's a message to not just Mr. Khosla, but others who feel their right of property precludes the public's rights." (The Daily Journal, "Gov. signs Martin's Beach law," Wednesday, October 1, 2014, Vol XV, Edition 39)
The public's rights to someone's private property? What Constitution is Sen. Hill talking about--Mao's Little Red Book? True, that's the way it worked in China, not to mention the Soviet Union and its Communist satellites: Romania, East Berlin, Cuba, etc. In fact, it's a well-worn page right out of the Communist playbook.
But this is America, and our Constitution protects the rights of the individual, not of the "public" or the State. When the public can demand to use or take an individual's property, that is mob rule. When the State does so, it's tyranny.
Let's hope Khosla wins in court. If not, it will be a defeat for We the People.
Read next: Has The Destruction Of Our Great Constitutional Republic Gone Too Far?
Email Us | Reader Friendly | Comments
Cherie Zaslawsky——Bio and Archives
Cherie Zaslawsky is a writer, freelance editor, educator and English tutor who lives in California
