A property owner has won the battle for the beach on West Galveston Island.
In a 6-2 decision on an issue of first impression, the state Supreme Court held that Texas does not recognize a “rolling” easement that can encumber private property on Galveston’s West Beach when an event such as a hurricane drastically changes the coastal landscape. But a property law expert says the Nov. 5 decision could force the state to prove it has public easements for every piece of coastal property for which it tries to use the Texas Open Beaches Act.
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