From Pilotonline.com including comments:

The city went to court last year to condemn property for public recreational use and the replenishment. Beach officials had asked all the Cape Henry Bayfront owners to sign over public easements to the beach in exchange for the sand. The landowners who wanted the sand to protect their homes from storm damage turned over the easements. But those who wanted to maintain their private property rights, which date back to Reconstruction, refused and were eventually defeated in court.