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

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