The Texas Supreme Court ruled today the state cannot claim public access to private property that moves onto the dry beach after a storm.
Texas law allows anyone to place a blanket on the beach, right up to the vegetation line, even if it’s an intrusion on the privacy of a seaside home.
But in a split decision, the court found that the state’s policy of “rolling easements” — the ever-shifting border between public and private land – does not apply when it’s moved by a storm. At the same time, the court held that policy is justifiable in cases of erosion, which is gradual.