The Texas Supreme Court today affirmed its previous 2010 ruling on theTexas Open Beaches Act.
The Court had decided to rehear the case because of somecomplaints about the previous decision, but came down solidly on the side ofproperty owners for the second time.
The Court was tasked with deciding whether the publicacquires an easement for the use of the beach from property owners in the caseof a hurricane or similar event that radically alters the location of the beach.
It said no.
“On one hand,” wrote Justice Dale Wainright,”the public has an important interest in the enjoyment of the public beaches.But on the other hand, the right to exclude others from privately owned realtyis among the most valuable and fundamental of rights possessed by privateproperty owners.”
The Foundation had weighed in on this case with anamicus brief last year.
This decision is just one of several that the Court hasdecided recently that is shifting Texas law strongly in the direction ofproperty owners. More can be found about this in the Center for EconomicFreedom’s publication, Property Rights inTexas: Heading in the Right Direction.
— Bill Peacock