Articles

Severance aftermath : There they go again

April 04, 2012 | By J. DAVID BREEMER

Although it is not entirely unexpected, the handwringing in Texas over the recent Severance beach property rights decision has reached a fever pitch. The decision held, of course, that “Texas does not recognize a rolling beach easement” that turns private land into a public beach the moment the land loses its vegetation and becomes a ...

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5th Circuit confirms Texas beach seizure victory

May 21, 2012 | By J. DAVID BREEMER

Six years ago PLF filed its complaint in federal court in Severance v. Patterson, a case challenging Texas’ policy of instantly converting private beachfront land into public property when storms move the vegetation line inland, and turn private parcels into “dry beaches.” In 2009, the 5th circuit ruled that Texas’  � ...

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PLF joins North Carolina beach battles

July 24, 2012 | By J. DAVID BREEMER

Texas isn’t the only state  that has been attempting to convert private beachfront land into public property through the use of novel legal theories. North Carolina and its political subdivisions have also moved in the same, unfortunate direction.  And once again, PLF is going to court on behalf of owners of beachfront property to try R ...

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Another win on the beach for Texas property owners

January 25, 2013 | By J. DAVID BREEMER

Today, the Texas Supreme Court handed down a short but sweet victory for Texas property owners who had their land and beach homes taken for use as a public beach, without compensation, by the State of Texas and Village of Surfside. The case arises from a long running dispute in Surfside, Texas, a small, but popular coastal area. At … ...

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"Screwed by the Town"— When land use codes kill free speech

February 04, 2013 | By J. DAVID BREEMER

It is said that a person’s home is his castle, but it is apparently not a personal billboard, at least according to a recent decision from the 4th Circuit Court of Appeals. In Brown v. Town of Cary, 2013 U.S. App. LEXIS 1423 (4th Cir., Jan 22, 2013), that court held that a homeowner had … ...

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Horne fails to squeeze the juice out of Williamson County ripeness doctrine

June 11, 2013 | By J. DAVID BREEMER

Yesterday, the Supreme Court issued a decision in Horne v. Department of Agriculture, a case in which California raisin growers sued the Department of Agriculture in federal district court after the Department fined them for refusing to hand over a portion of their raisins to the federal government without compensation. In the federal court, the & ...

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Does Koontz also blow holes in Williamson County?

June 26, 2013 | By J. DAVID BREEMER

Yesterday, Pacific Legal Foundation scored a huge victory for property rights when the United States Supreme Court issued an opinion favoring the property owner in Koontz v. St. Johns River Water Management Agency. The obvious boon for property owners was that the Court agreed with PLF’s arguments that all conditions imposed on building perm ...

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In a PLF beach case, court crushes the Williamson County removal-ripeness trap

July 25, 2013 | By J. DAVID BREEMER

In North Carolina, Texas, California and other regions, Pacific Legal Foundation has worked diligently to protect the property rights of coastal land owners . We have also fought for many years to ensure that property owners of all sorts have equal access to the federal courts to defend their constitutional rights. Today, the Fourth Circuit … ...

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Another PLF beach win ensures federal protection for property rights

August 27, 2013 | By J. DAVID BREEMER

PLF continues to make headway in its twin goals of protecting property rights on the beach and in opening the federal courthouse doors to property owners seeking to defend their constitutionally protected property rights. The latest example of this reality is a new victory in the Fourth Circuit Court of Appeals in (another) case pitting … ...