From the always useful Ocean and Coastal Case Alert Newsletter:
“A Texas appellate court struck down a challenge from several beachfront property owners to the Texas Open Beaches Act. The homeowners filed the action seeking a declaratory judgment for their right to repair, maintain, and access their houses, as well as for damages for the loss of use of the property following Tropical Storm Frances. The appellate court held that evidence conclusively showed an easement by implied dedication on these properties, due to historic public use. The court noted that the Act requires the removal of obstructions, barriers, and encroachments whether or not they existed when the easement first applied. The court concluded that the enforcement of the easement was not a taking, because acts of nature, not the government, moved the line of vegetation landward of where the houses were located.”
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