Past Land Commissioners David Dewhurst, Garry Mauro and Jerry Patterson warn that public...
, filed last month by state Sen. Mayes Middleton of Galveston, would give private property owners the upper hand in legal disputes overOnly one Texas beach made the list of best in the U.S. from TripAdvisor for 2022
Middleton’s bill would upend the law, shifting the legal “burden of proof” to the state or anyone looking to establish that a public easement exists on someone’s beachfront property. Critics say the change would embolden property owners to fence off beach area long accessed by the public — access that could only be regained through legal action.
“If SB 434 passes, don’t be surprised if you show up at your favorite beach spot and you’re confronted with a fenced-off beach or ‘no trespassing’ signs,” the op-ed reads. “The only remedy available to you then would be a suit against the adjacent upland landowner. But who wants to bring their lawyer on a trip to the beach?”
In their ruling, the justices sided with California attorney Carol Severance, who had sued the General Land Office — then helmed by Patterson — after the agency ordered her to raze or demolish The justices who sided with Severance suggested the public's right to access beachland up to the vegetation line was too expansive, though they limited their ruling only to cases where the line is"suddenly and dramatically pushed landward by acts of nature."
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