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Beach act challenge upheld

18.05.12

AUSTIN -- The Texas Supreme Court placed private property rights ahead of the state's Open Beaches Act in a new ruling Friday.

The decision says that if an act of nature erodes a beach, the landowner's right to the remaining property is not diminished by state law, even if it is now part of the beach. A federal appeals court questioned the high court's first ruling and asked it to clarify its decision while state officials asked for a rehearing. Today's decision is essentially the same as the earlier one with clarifications.

The Open Beaches Act states that a beach up to the vegetation line is state property and therefore open to the public. The state had argued that the state's right to the land automatically shifts with the sands. The court disagreed.

"When a beachfront vegetation line is suddenly and dramatically pushed landward by acts of nature, an existing public easement on the public beach does not 'roll' inland to other parts of the parcel or onto a new parcel of land," Justice Dale Wainwright wrote on behalf of the majority of judges. He said the state must instead take legal action if it wants the property to become open to the public.

Source: Bryan College Station Eagle

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