Apr
29
Written by:
Eric Wolfram
4/29/2009 1:32 PM
Homeowner, with full knowledge of Texas law, buys house on beach. Hurricane moves coastline back, causing loss of property to beach easement. Texas case law is consistent that homeowner loses.
However, the Fifth Circuit, over a dissent, has certified questions to Texas Supreme Court giving that court chance to overturn Texas law and take public property and give it to a private individual who bought a house knowing it could be lost if the beach moved. I hope this is not a "set up" case.
Severance v. Patterson No. 07-20409
http://www.ca5.uscourts.gov/opinions/pub/07/07-20409-CV0.wpd.pdf
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