RobertB
04 May 2007, 05:04 PM
I <3 the beach. I wasn't raised near a beach, so I don't have fond memories of blue water and gnarly surf, but I was hooked the first time I took the kids to Galveston. Then I found Matagorda, an hour and a world farther away... amazing.
I've seen California and Hawaii beaches once each as a teen, and that was cool. I even got to go to Barbados for my 5th wedding anniversary, and that was great. But I'll take the familar, brown water downstream from the Trinity any old day.
Did you know that, by law, Texas beaches belong to everyone? There's no such thing as a "private beach" in Texas. That tradition, as you might expect, is under constant assault from land developers... and Mother Nature. Beach erosion changes where the beach is, which puts Nature and the developer on a collision course. A Federal judge has upheld Texas tradition and law, however, declaring that if the beach moves, it brings the right of access along with it.
Note, however, that the judge also upheld another Texas tradition: keep your local official's palm sufficiently greased, and you can do what you dern well please.
May 4, 2007, 12:46PM
Ruling not good news to beach homeowners
By CINDY GEORGE
Copyright 2007 Houston Chronicle
http://www.chron.com/disp/story.mpl/metropolitan/4775972.html
A Houston federal judge's ruling this week boosted the state of Texas' effort to remove structures from public beaches, but he added that owners may have other avenues to save their property.
U.S. District Judge Kenneth Hoyt on Wednesday dismissed a lawsuit filed by California resident Carol Severance, who owns three rental properties in Galveston.
The houses, originally built on private property, now are on a public beach because of erosion.
State officials have sought to have such buildings moved or demolished to ensure public access to the beaches.
"This comes as no surprise," Texas Land Commissioner Jerry Patterson said in a statement issued by the state General Land Office. "The law is clear: Texas beaches belong to Texans — all Texans."
But Hoyt added in his ruling: "Severance is not left without recourse."
He wrote that she and other property owners can seek relief in state court or they "can petition elected officials who have the discretion to decide whether to file an enforcement action."
Severance, who filed her federal lawsuit in July, could not be reached for comment today.
She bought the three homes for $1.18 million in April 2005.
Patterson said that, with the federal case concluded, he hopes to work with owners whose property obstructs the beaches.
"I'd much rather work with property owners than fight with them in court," he said. "Working together, we can ensure a fair deal for the property owners and keep Texas beaches open to the public."
Beach smilie: :tropical:
I've seen California and Hawaii beaches once each as a teen, and that was cool. I even got to go to Barbados for my 5th wedding anniversary, and that was great. But I'll take the familar, brown water downstream from the Trinity any old day.
Did you know that, by law, Texas beaches belong to everyone? There's no such thing as a "private beach" in Texas. That tradition, as you might expect, is under constant assault from land developers... and Mother Nature. Beach erosion changes where the beach is, which puts Nature and the developer on a collision course. A Federal judge has upheld Texas tradition and law, however, declaring that if the beach moves, it brings the right of access along with it.
Note, however, that the judge also upheld another Texas tradition: keep your local official's palm sufficiently greased, and you can do what you dern well please.
May 4, 2007, 12:46PM
Ruling not good news to beach homeowners
By CINDY GEORGE
Copyright 2007 Houston Chronicle
http://www.chron.com/disp/story.mpl/metropolitan/4775972.html
A Houston federal judge's ruling this week boosted the state of Texas' effort to remove structures from public beaches, but he added that owners may have other avenues to save their property.
U.S. District Judge Kenneth Hoyt on Wednesday dismissed a lawsuit filed by California resident Carol Severance, who owns three rental properties in Galveston.
The houses, originally built on private property, now are on a public beach because of erosion.
State officials have sought to have such buildings moved or demolished to ensure public access to the beaches.
"This comes as no surprise," Texas Land Commissioner Jerry Patterson said in a statement issued by the state General Land Office. "The law is clear: Texas beaches belong to Texans — all Texans."
But Hoyt added in his ruling: "Severance is not left without recourse."
He wrote that she and other property owners can seek relief in state court or they "can petition elected officials who have the discretion to decide whether to file an enforcement action."
Severance, who filed her federal lawsuit in July, could not be reached for comment today.
She bought the three homes for $1.18 million in April 2005.
Patterson said that, with the federal case concluded, he hopes to work with owners whose property obstructs the beaches.
"I'd much rather work with property owners than fight with them in court," he said. "Working together, we can ensure a fair deal for the property owners and keep Texas beaches open to the public."
Beach smilie: :tropical: