Posted 7/30/2006 02:39:00 PM by Douglas

What happens when the beach runs into your beach house? Do you have to move, or does the state move your house for you? You start by suing.

The Pacific Legal Foundation filed the lawsuit Thursday on behalf of Severance challenging the Open Beaches Act's provisions in Houston U.S. District Judge Kenneth Hoyt's court.

The lawsuit maintains the Act's provisions for forcing the removal of homes from beach areas violates constitutional provisions against the government taking of private property without just compensation. Foundation attorney J. David Breeman said Thursday that the lawsuit seeks no damages but a judgment preventing Texas from enforcing the Open Beaches Act. No date for a hearing in the case has been set.

Severance's homes are on a list of 107 the Texas General Land Office wants moved, asserting that their location seaward of the natural vegetation line obstructs public access to the beach. Under the act, people whose homes end up seaward of the vegetation line must move them or forfeit them, the state maintains.

Interesting. Because the beach moved, these homes are no longer in compliance with the open beach law. Considering the supreme court's ruling on eminent domain last year, I don't think the houses stand a chance.