Texas Open Beaches Act
Encyclopedia
The Texas Open Beaches Act is a U.S. state
of Texas
law, passed in 1959 and amended in 1991, which guarantees free public access to beaches on the Gulf of Mexico
:
The public... shall have the free and unrestricted right of ingress and egress to and from the state-owned beaches bordering on the seaward shore of the Gulf of Mexico
... extending from the line of mean low tide to the line of vegetation bordering on the Gulf of Mexico.
After major storms, Texas GLO guidelines indicate that beachfront residents may not rebuild their homes due to the act
such as some Galveston homes affected by Hurricane Alicia
in 1983. Additionally, repairs may only be may in certain circumstances, and then only on structures above the mean high-tide line .
Ongoing litigation continues to clarify the effect of the act on beachfront property owners. The Texas Supreme Court has made it clear that once acquired, public easements do not "roll" when the mean high-tide line changes due to an avulsive event such as a hurricane. The state will own the "wet beach" (any land seaward of the mean-high-tide line), but the "dry beach" (beach that is landward of the mean-high-tide line, but seaward of the vegetation line) may be privately owned, regardless of any pre-existing easements on the beach prior to the avulsive event. However, an easement will "roll" with the vegetation line as long as its movement is gradual/natural and not caused by an avulsive event like a hurricane. Some have criticized the court's decision based on the fact that hurricanes result in "natural" erosion; critics argue that the distinction between what is "avulsive" and what is "gradual" is unclear.
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
law, passed in 1959 and amended in 1991, which guarantees free public access to beaches on the Gulf of Mexico
Gulf of Mexico
The Gulf of Mexico is a partially landlocked ocean basin largely surrounded by the North American continent and the island of Cuba. It is bounded on the northeast, north and northwest by the Gulf Coast of the United States, on the southwest and south by Mexico, and on the southeast by Cuba. In...
:
The public... shall have the free and unrestricted right of ingress and egress to and from the state-owned beaches bordering on the seaward shore of the Gulf of Mexico
Gulf of Mexico
The Gulf of Mexico is a partially landlocked ocean basin largely surrounded by the North American continent and the island of Cuba. It is bounded on the northeast, north and northwest by the Gulf Coast of the United States, on the southwest and south by Mexico, and on the southeast by Cuba. In...
... extending from the line of mean low tide to the line of vegetation bordering on the Gulf of Mexico.
After major storms, Texas GLO guidelines indicate that beachfront residents may not rebuild their homes due to the act
such as some Galveston homes affected by Hurricane Alicia
Hurricane Alicia
Hurricane Alicia was the costliest tropical cyclone in the Atlantic since Hurricane Agnes in 1972. Alicia was the third depression, the first tropical storm, and the only major hurricane of the 1983 Atlantic hurricane season...
in 1983. Additionally, repairs may only be may in certain circumstances, and then only on structures above the mean high-tide line .
Ongoing litigation continues to clarify the effect of the act on beachfront property owners. The Texas Supreme Court has made it clear that once acquired, public easements do not "roll" when the mean high-tide line changes due to an avulsive event such as a hurricane. The state will own the "wet beach" (any land seaward of the mean-high-tide line), but the "dry beach" (beach that is landward of the mean-high-tide line, but seaward of the vegetation line) may be privately owned, regardless of any pre-existing easements on the beach prior to the avulsive event. However, an easement will "roll" with the vegetation line as long as its movement is gradual/natural and not caused by an avulsive event like a hurricane. Some have criticized the court's decision based on the fact that hurricanes result in "natural" erosion; critics argue that the distinction between what is "avulsive" and what is "gradual" is unclear.
External links
- Chapter 61 Texas law