Discussion Examines Severance v. Patterson

A panel discussion at Texas Wesleyan School of Law on March 25, 2011, examined the Texas Supreme Court case of Severance v. Patterson and the property law questions the case brings into focus.  The event was co-hosted by the Environmental Law Society and the Federalist Society at the law school.

A divided Texas Supreme Court declared in November 2010 in Severance v. Patterson that state law does not recognize an independent public beachfront easement that allows access to and use of all beaches along the Gulf of Mexico. Recently, the court took the rare step of agreeing to rehear the case, with oral arguments scheduled for April 19, 2011.

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What Babe said about Texas Open Beaches Act

Published February 13, 2011 If you ask Babe Schwartz, the Texas Supreme Court temporarily lost its mind.

Schwartz, a former state senator from Galveston and one of the legendary characters at the state Capitol, was lecturing at Texas A&M University at Galveston. He was telling students about the Texas Open Beaches Act and about the court’s recent action in the Severance case, which challenged the traditional interpretation of the open beaches act.

Schwartz, 84, was in the legislature when the open beaches act was passed in 1959. His lecture was a chance for young people studying marine sciences to hear from a man who was there when the landmark law was written.

Schwartz, who has taught courses on coastal law at several universities, said four members of the Texas Supreme Court who responded to questions from a federal appellate court simply made a mistake — albeit an expensive one.

Because the court’s action put the public’s access to beaches in doubt, a $40 million project to put sand on the beaches on Galveston’s West End was scrubbed. Obviously,…

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Brennan Wells, who leases land for a riding stable just south of Bob Hall pier, has asked the county for permission to place bollards across the beach to deny the public its historic vehicular access. The beach closure proposal has been placed on the agenda of the City’s Island Strategic Action Committee for its March 8 public meeting.

Under the Corpus Christi City Charter, such a closure may not be authorized unless it has been placed on a ballot and approved by a majority of the city’s voters. It would also require a Section 10 permit from the U.S. Army Corps of Engineers and a determination from the Texas General Land Office that it complies with the Texas Open Beaches Act. If the TGLO approves the proposal, the TOBA regulations would require the construction of a free off-beach parking lot with one parking space for every 15 linear feet of beach from which vehicles were excluded.

The Texas General Land office has launched a new site dedicated to beach access in Texas. On this site, you can find information on how to access your favorite beach in Texas, your rights when it comes to beach access, and news related to beach access across the state.

Congratulation Texans! With the passage of Prop. # 9, it is now our constitutional right to access and use all Texas beaches. A huge thank you to all of you who helped with this campaign and to everyone who went out to vote.

Extract of the Amicus Brief:

“A case pending before the Texas Supreme Court (case #09-0387) has launched a direct attack on the Texas Open Beaches Act. The case threatens the public’s right to use and enjoy Texas beaches, a public easement that has existed since “time immemorial.” Numerous intermediate courts of appeals have protected the public’s right of beach access, but the Texas Supreme Court has never directly addressed the issue. The Court has now agreed to consider the constitutional questions and the Open Beaches Act. The issues presented are critical to the rights of all Texans and visitors to enjoy Texas beaches, and crucial to the economies of coastal counties and cities.”

More information:

• Read the amicus brief here
• Follow the case: here