The Texas Open Beaches Act was passed in 1959 and guarantees free public access to beaches along the Gulf of Mexico. It limits the ability of the people to own a beach, which grants the general public access to beaches. But this allows the state to confiscate land when the vegetation line rolls over private property, which sometimes happens after storms and hurricanes.
For the second time, the court has ruled that this law violates private property rights. The case is Severance v. Patterson. The majority decision is here, which was joined by 5 justices, the other three each wrote a separate dissent here, and here, and here.
At issue is what continued access the public can have to Texas beaches and what power the state and local governments have to not only enforce that access but to engage in cleanup and repairs following storms.
- Supreme Court affirms ruling on Open Beaches Act.
- Court: Public beach easement does not roll.
- High court kills Texas Open Beach Act ‘dead,’ land commissioner says
- http://openbeaches.com/wp/
The case is set to be appealed to the 5th Circuit Court of Appeals, so the story is not final.
