Statement on U.S. Fifth Circuit Court of Appeals decision on the Texas Open Beaches Act
“Yesterday’s decision by the U.S. Fifth Circuit Court of Appeals affirmed that property rights cannot be trampled by the public on their way to the beach.
“Defending private property rights does not mean the public will be harmed. Texas beaches will generally remain open and accessible. In the rare cases where we might desire to make them more accessible, Texas law already allows for the use of eminent domain to put private beaches to a public use.
“More harm would come to the public and the economy if the courts chose not to protect private property. Texans should be thankful that we have laws and courts that don’t let us become like many other states that have seen their economies wash away by ignoring property rights.”
Bill Peacock is Vice President of Research and Director of the Center for Economic Freedom at the Texas Public Policy Foundation.
The Texas Public Policy Foundation is a non-profit, free-market research institute based in Austin.
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