Featured Case

Contact:  J. David Breemer

Status: Reply to petition for review to be filed Sept. 23, 2010.

Summary: The Texas Open Beaches Act provides that the public shall have a right of access to the beach from the mean low tide to the vegetation line.  The state interprets this provision to mean that the public’s access easement migrates with the vegetation line and that any structure seaward of the line is an encroachment on the public’s rights and therefore subject to removal.

Brooks and Merry Porter own two small beachfront homes in Surfside Beach, Texas.  Russell Clinton also owns two small beachfront homes in Surfside.  Bob and Angela Brannan also own a beachfront home.  In 1998, Tropical Storm Frances hit the Texas coast.  When it left, the storm had eroded Texas beaches and moved the vegetation line landward in many areas, including landward of the Porter and Clinton homes.  None of the homes were badly damaged and do not constitute a nuisance.  But because these homes are seaward of the vegetation line, the state has retained the right to commence legal actions at any time, at its discretion, to have the homes removed under the state law.  The property owners commenced a lawsuit alleging that the Texas Open Beaches Act effects a “taking” by imposing a public easement on their properties.  PLF attorneys are representing some of the landowners at trial through all levels of appellate litigation.