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Tag: Severance

August 20, 2016

Weekly litigation report — August 14, 2016

Property rights — California Supreme Court rules on compensation issues Complaint filed in extortionate low-income housing demand Ancient custom of beach driving? Sign ban repealed Endangered species and the green sturgeon Shoreline buffer exactions challenge at the Supreme Court WOTUS rule pass Property rights — California Supreme Cour ...

January 25, 2013

Another win on the beach for Texas property owners

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 ...

June 06, 2012

There’s nothing activist about saying government must play by the rules.

Recently, bloggers and even the Texas Land Commissioner were decrying several Texas Supreme Court Justices for their “extreme activism” in ruling in favor of property owners in Severance v. Patterson. What was the reason for this outrage? Simple: the Court found that if the state wished to declare that Mrs. Severance's private property ...

May 22, 2012

A nice article on PLF's Severance victory

The Corpus Christi Caller-Times has this nice article on PLF’s recent victory in Severance v. Patterson.  Here’s a snippet: 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 ...

May 21, 2012

5th Circuit confirms Texas beach seizure victory

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’   ...

April 04, 2012

Severance aftermath: There they go again

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 dry sandy ...

March 30, 2012

PLF Victory! Texas Supreme Court strikes down the state’s “rolling easement” land grab—again

Today, the Texas Supreme Court issued its long-awaited final ruling on the legality of that state's policy of "rolling easements"—i.e., transforming private land into a public beach whenever a storm denudes it of vegetation and makes it into dry sand. PLF challenged this policy on behalf of Carol Severance, who owned parcels along the Galveston ...

March 30, 2012

Beached Again!

Ruling today in Pacific Legal Foundation's case of Severance v. Patterson, the Texas Supreme Court once again rejected the state's claim that government can gain control of private beachfront land whenever the land loses its vegetation and becomes a dry, sand area. In other words, the court held that the state may not "roll" or ...

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