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Weekly litigation report — August 14, 2016

August 20, 2016 | By JAMES BURLING

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 Sign ban repealed Endangered species and the green sturgeon Shoreline buffer exactions challenge at the Supreme Court WOTUS rule pass Property rights — California Supreme Cour ...

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

June 06, 2012 | By PACIFIC LEGAL FOUNDATION

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 pr ...

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A nice article on PLF's Severance victory

May 22, 2012 | By JOSHUA THOMPSON

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 ...

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

March 30, 2012 | By TIMOTHY SANDEFUR

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 al ...

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Beached Again!

March 30, 2012 | By PACIFIC LEGAL FOUNDATION

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” ...