Does the Open Beaches Act Seek to "Take" Private Property for Public Use Without Just Compensation?

Date

2007

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Journal of Texas Administrative Law

Abstract

Provides an overview of the Open Beaches Act in Texas. It addresses whether the removal of houses from the public beach as authorized by the OBA constitutes a taking without just compensation. It analyzes how the OBA does not transfer physical control of the property to Texas and that the OBA does not interfere with the Homeowner’s Investment-Backed expectation. Further, it describes how the OBA is a valid exercise of Texas’s Police Power; it uses reasonable means to abate the nuisance on beaches; it enforces the public’s right of easement; it enforces a statewide policy.

Description

Keywords

Administrative law, Open Beaches Act, Takings, Texas Gulf Coast, Texas General Land Office, Coastal Erosion Planning and Response Act, Easement, Homeowner’s Investment-backed expectation, OBA, Penn Central Transp. Co. v. City of New York

Citation

9 Tex. Tech. Admin. L.J. 115