Federal proceedings blame Texas Land Commissioner for trampling private property rights

Access to the sun, waves and sand drew long-time Texas and surfer Charles Sheffield to Surfside Beach on the Gulf Coast, where he bought a home for personal use and rental income.

However, Sheffield is currently refuting a recent order from the Texas General Land Office (GLO), turning some of his seaside land into a public beach.

Following the damage caused by Hurricane Laura and Tropical Storm Beta in 2020, the GLO conducted a survey of the Texas coast in January last year, and in March 2021, Commissioner George P. Bush said, “Landside public beaches. We have issued a new order declaring that the “boundary” is now expanding. For two years, on a 200-foot inland line. “

Unfortunately for Merry Porter, who lives in Sheffield and Surfside Beach, the new line breaks into beachfront properties and, in some cases, through residential structures. Federal proceedings With the US District Court in Southern Texas.

J. David Breemer, senior lawyer at the Pacific Legal Foundation, who filed the proceedings, said:

According to Jeffrey McCoy, on behalf of Sheffield and Porter, the newly declared public beach boundaries would infringe on the private property rights of these residents.

“Under this order, and under state law governing public beaches, real estate owners cannot take anyone away from the area in the immediate vicinity of their homes, and they cannot remodel these homes. It was, “McCoy explained. Texan..

McCoy said his clients were surprised when he said he had not been notified of public comment periods or potential changes prior to the March 29 order from GLO.

“Under the new order, these owners cannot even post a sign that this is private property and could hold the owners liable if someone is injured while in the property. there is.”

Purpose of 1959 Texas Open Beach Law Guaranteeing free public access to beaches along the Gulf of Mexico, the law imposes on GLO monitoring and protection of state beaches in addition to ensuring public access. Under the law, the state basically owns land that extends “from the average low tide line to the vegetation line (LOV) adjacent to the Gulf of Mexico.”

The law bans construction on public beaches, limits the rebuilding or remodeling of storm-affected real estate, along with orders issued by the GLO. Note Certain repairs of the house within the new boundary are permitted, but the owner cannot “repair, replace, or build slabs of concrete, fiber cleats, or other impermeable materials” and “build additional rooms” It cannot be increased in size or increased in size. ” “

GLO notes state that temporary new boundaries give beaches and natural vegetation time to recover. Authorities also said the order included a three-year suspension of the Commissioner’s ability to require the Texas Attorney General’s office to file a proceeding to remove a home from a public beach.

However, the Pacific Legal Foundation filings refer to the 2012 Texas Supreme Court ruling. Retirement v.Patterson When the storm moved LOV, the state ruled that it could not acquire private property for public beaches. Instead, the state must first prove in court that it has public rights to the property or buy the property.

Braemar and McCoy say the latest ruling violates precedent Retirement vs. Patterson. Both Bush and Texas Attorney General Ken Paxton have been appointed as defendants in the proceedings.

“This illegal and unconstitutional move violates the right of Texas people like Sheffield and Porter to freely use, enjoy and protect seaside homes,” said Breamer. “Land Commissioners must abandon this illegal attempt to acquire coastal private property for public use without compensation, due process, or respect for Texas law.”

Federal proceedings blame Texas Land Commissioner for trampling private property rights

Source link Federal proceedings blame Texas Land Commissioner for trampling private property rights

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