On a day that our attention is elsewhere, comes this important notice: the Texas Supreme Court has granted the State’s motion for rehearing in Severance v. Patterson, No. 09-0378 (Nov. 5, 2010), the case in which the court held 6-2 that Texas does not recognize a “rolling” public beachfront access easement, without proof of prescription.Thus, the public does not gain an easement over private property upon sudden changes in the shoreline.
The case is once again set for oral argument, on April 19, 2011 at 9:00 a.m.
Thanks to our colleagues at the ABA State & Local Government Law Section for the heads-up, and to How Appealing for the links to the order.
More about the case here (the Texas Supreme Court’s decision on certified questions from the Fifth Circuit), and here (the Fifth Circuit’s earlier opinion holding that the owner’s claim for an illegal Fourth Amendment seizure was not subject to Williamson County ripeness).