Big PLF win: Texas Supreme Ct. says storms can't take beach property
Breemer and PLF represent Carol Severance, who owns beachfront property in Galveston. After 2005’s Hurricane Rita moved the vegetation line, state officials said her homes were on “public” beach. She was prevented from excluding unwanted strangers or building on her land, and her homes were subject to removal at the state’s whim. The court ruling today recognized that the state’s claim had no validity.
“As the Texas Supreme Court has clearly held today, state officials have no basis in state law for trying to push their so-called ‘rolling’ beach easement policy,” said Breemer. “Government can’t sanitize an unconstitutional taking of property by cloaking it in creative theories such as ‘rolling easements.’ A taking is still a taking, no matter the slogan you use. This is a bedrock constitutional principle, and the Texas Supreme Court today has said that government can’t try to erode it.”
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