Brannan et al. v. State Of Texas et al.

No. 01-08-00179-CV, Court Of Appeals Of Texas, First District, Houston, opinion issued February 4, 2010

In this case applying Texas’ Open Beaches Act (Tex. Nat. Res. Code Ann. §§ 61.001-.254) (“the Act”) the owners of several beachfront houses argued they should not be denied permits to repair their houses or forced to remove their houses after storms moved the beach vegetation line to the landward side of their structures. The issues included whether by common law a public easement existed on the beach, was it a rolling easement, did the Act required removal of the houses, and were the owners entitled to compensation for a taking. The Houston Court of Appeals concluded: Continue reading Brannan et al. v. State Of Texas et al.