Tag Archives: Texas Open Beaches Act

Chron story on the anti-Open Beaches bill

Posted on March 12, 2023 by Charles Kuffner

Glad to see it. A bill that would reshape future legal battles over Texas’ public beach boundaries is stirring backlash from advocates and former state leaders, who claim the proposal would give beachfront property owners the green light to vacuum up … Continue reading →

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Former Land Commissioners oppose anti-Open Beaches bill

Posted on March 3, 2023 by Charles Kuffner

From the inbox: Among coastal states Texas is unique. The 1959 Texas Open Beaches Act (TOBA), as well as time-honored common law and tradition in existence since long before 1959, provides that Texas beaches are open to the public. In … Continue reading →

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Another setback for open beaches

Posted on January 29, 2013 by Charles Kuffner

At this rate, the concept of “open beaches” is on its way to becoming an anachronism. The Texas Supreme Court dealt another blow Friday to the Texas Open Beaches Act in a case pitting beachfront property owners against the city … Continue reading →

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Making open beaches a campaign issue

Posted on June 27, 2012 by Charles Kuffner

This is great. The Texas Supreme Court’s decision weakening the state Open Beaches Act has become a key issue in the race for one of the two contested Supreme Court seats in the Nov. 6 election. San Antonio attorney Michele … Continue reading →

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Fifth Circuit sends open beaches lawsuit back to district court

Posted on May 24, 2012 by Charles Kuffner

Unfortunately, the headline makes it sound like better news than it is. A federal appeals court Monday ruled that the Texas Open Beaches Act is unconstitutional in the case of a Galveston Island property, a ruling that puts the fate … Continue reading →

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Patterson wants to vote out anti-open beach Supreme Court justices

Posted on April 5, 2012 by Charles Kuffner

Fine by me. Voters should replace the five members of the Texas Supreme Court who issued an opinion weakening the state Open Beaches Act, Land Commissioner Jerry Patterson said Monday. “We now have private beaches in Texas where the public … Continue reading →

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Supreme Court keeps beaches closed

Posted on April 1, 2012 by Charles Kuffner

Phooey. Affirming the private-property rights of shoreline landowners, the Texas Supreme Court ruled Friday that the public’s right of access to state beaches cannot be guaranteed when hurricanes or storms reshape the coast. The sharply divided ruling will limit the … Continue reading →

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Federal court refuses to throw out Open Beaches lawsuit

Posted on October 5, 2011 by Charles Kuffner

I hadn’t realized that there was federal court action on the Galveston open beaches case. The 5th U.S. Circuit Court of Appeals denied a request by the General Land office that it throw out the case because the beachfront house … Continue reading →

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State asks Supreme Court to vacate Open Beaches ruling

Posted on July 4, 2011 by Charles Kuffner

Apparently, the original litigant no longer owns the house in question. San Diego, Calif., attorney Carol Severance, who brought the lawsuit challenging the Open Beaches Act, sold the storm-battered property last week to the city of Galveston. Money for the … Continue reading →

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Supreme Court rehears Open Beaches case

Posted on April 22, 2011 by Charles Kuffner

Not sure it’ll be any different this time around, but at least there’s a chance. The Texas Supreme Court appeared closely divided Tuesday during a second round of arguments in a turf battle over who controls the beach after a … Continue reading →

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Supreme Court will review Open Beaches ruling

Posted on March 17, 2011 by Charles Kuffner

This is encouraging. Faced with a tidal wave of legal protests, the Texas Supreme Court Friday agreed to reconsider a California woman’s lawsuit that ended in a controversial ruling last November that left public access to some beaches in question. … Continue reading →

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Amicus briefs filed in Galveston beach case

Posted on December 31, 2010 by Charles Kuffner

Good for you, Vince Ryan. Harris County today joined other public agencies and activists in urging the Texas Supreme Court to reconsider a recent opinion that critics contend blocks public access to most beaches on Galveston island. County Attorney Vince … Continue reading →

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Patterson on the Open Beaches ruling

Posted on December 23, 2010 by Charles Kuffner

I must say, I enjoyed Land Commissioner Jerry Patterson’s op-ed on the recent Open Beaches ruling by the State Supreme Court. The man can bring the snark, I’ll give him that. Two points of interest besides that: Texans, you see, … Continue reading →

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State Supreme Court asked to reconsider open beaches verdict

Posted on December 17, 2010 by Charles Kuffner

Good luck with that. Galveston has joined key state agencies in pleading with the court to reconsider a ruling that favors private property rights over public access to Texas shores. “I think the Supreme Court really needs to understand the … Continue reading →

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The cost of closing the beaches

Posted on November 24, 2010 by Charles Kuffner

The recent Supreme Court ruling predictably leads to the enrichment of a lucky few. Although Carol Severance’s lawsuit killed the largest beach resanding project in Texas history, her four Galveston beach properties won’t suffer. Instead, she could walk away with … Continue reading →

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Is this the end for truly open beaches?

Posted on November 14, 2010 by Charles Kuffner

From last week: The Texas Supreme Court ruled Friday the state cannot take private property for a public beach when a storm moves the vegetation line landward — a decision that may lead to restricted access along the coast. Texas … Continue reading →

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The Chron on Prop 9

Posted on October 26, 2009 by Charles Kuffner

Proposition 9 on the ballot would make Texas’ Open Beaches Act of 1959 and add it to the state constitution. This Chron story is an overview of it. “People who use the beach think of it as a public park,” … Continue reading →

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Endorsement watch: Takings

Posted on October 13, 2009 by Charles Kuffner

The Chron endorses Prop 11, which is the constitutional amendment to limit eminent domain takings that were allowed by the Supreme Court’s 2005 Kelo ruling. [It] would prohibit “the taking, damaging, or destroying of private property” for purposes of economic … Continue reading →

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Endorsement watch: The Chron goes Green

Posted on October 11, 2009 by Charles Kuffner

In their first endorsement for an elected office on the ballot this November, the Chronicle endorsed Council Member Ronald Green for Controller. A practicing attorney with a master’s in business administration from the University of Houston, Green chaired the Council … Continue reading →

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New beach boundaries

Posted on August 22, 2009 by Charles Kuffner

We have a new vegetation line, which determines where the public beach ends and private property begins, courtesy of Land Commissioner Jerry Patterson. The line will determine whether beachfront property owners whose buildings were destroyed by Ike on Sept. 13 … Continue reading →

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More on Perry’s vetoes

Posted on June 20, 2009 by Charles Kuffner

Governor Perry’s veto of SB2468, the “revolving door” restrictions bill for Harris County, has puzzled its sponsor. In his veto message, Perry said he rejected the ethics bill, authored by Sen. Mario Gallegos, because it addressed lobbying matters and related … Continue reading →

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Planting vegetation against the tide

Posted on June 20, 2009 by Charles Kuffner

I suppose there’s more than one way to try to save your beachfront property. In Texas, a thin green line in the sand separates private property from public beach. And that line of vegetation is drawn by Mother Nature. Some … Continue reading →

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Editorialists urge veto of HB770

Posted on June 10, 2009 by Charles Kuffner

HB770, the originally obscure bill to grant homestead exemptions to folks who lost their house in Hurricane Ike that has generated a big stink thanks to the self-serving provision inserted on behalf of State Rep. Wayne Christian, is getting panned … Continue reading →

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Still bitching about the beach

Posted on June 5, 2009 by Charles Kuffner

Who would have thought that an otherwise-obscure bill about granting homestead exemptions to people who lost houses in Galveston to Hurricane Ike would become the most controversial bill of the first week post-sine die? Open beaches advocacy groups sent out … Continue reading →

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Open beaches

Posted on June 4, 2009 by Charles Kuffner

Got the following email from a colleague and thought it was worth mentioning: Very late Sunday night a “deal” was made in the Texas legislature to make an exemption in the Texas Open Beaches Act – the law that guarantees … Continue reading →

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