A nice article on PLF's Severance victory
In March, the Texas Supreme Court, in a 5-3 opinion, ruled that public beach easements don’t move in avulsive events, such as hurricanes, that reshape the coastline overnight. Easements shift only slowly, as the result of erosion, the opinion said.
David Breemer, an attorney for the civil libertarian Pacific Legal Foundation who represented Severance, said in an emailed statement that the Open Beaches Act remains intact, but the state must “prove easements in court under the terms of the (act) or pay for them.”
“Severance is gratified that both state and federal courts have recognized that the state can no longer use beach access as a pretext to unconstitutionally seize private property,” he said.
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