Property Rights on the Beach: Amicus Brief on Texas Open Beaches Act in Severance v. Patterson

18 Pages Posted: 27 Oct 2015

See all articles by Matthew J. Festa

Matthew J. Festa

South Texas College of Law; Rice University; U.S. Army Judge Advocate General's Legal Center and School

Date Written: October 26, 2015

Abstract

Amicus curiae brief to the Texas Supreme Court in an important property rights case. This brief states the legal basis for property rights on the Texas beach. The government may not impose a statewide public-access easement over private land without first proving that the public has acquired a property right through dedication, prescription, or customary use. The Court adopted this position in its landmark opinion in Severance v. Patterson, holding that before an easement can "roll," there must first be an easement -- under long-established property law.

Keywords: property, property rights, land use, constitutional law

Suggested Citation

Festa, Matthew J., Property Rights on the Beach: Amicus Brief on Texas Open Beaches Act in Severance v. Patterson (October 26, 2015). Available at SSRN: https://ssrn.com/abstract=2680485 or http://dx.doi.org/10.2139/ssrn.2680485

Matthew J. Festa (Contact Author)

South Texas College of Law ( email )

1303 San Jacinto Street
Houston, TX 77002
United States
713-646-1857 (Phone)

Rice University ( email )

6100 South Main Street
Houston, TX 77005-1892
United States

U.S. Army Judge Advocate General's Legal Center and School ( email )

600 Massie Road
Charlottesville, VA 22903-1781
United States

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