The state’s high court ruled today in favor of Californian Carol Severance, whose rent house on Kennedy Dr. in West Galveston found itself in front of the vegetation line after Hurricane Rita hit in 2006. The Texas Supreme Court ruled that the state can’t claim an easement on her property — but if the same topography had resulted over a longer period of time, the easement would be okay: “Texas law allows anyone to place a blanket on the beach, right up to the vegetation line, even if it’s an intrusion on the privacy of a seaside home. But in a split decision, the court found that the state’s policy of ‘rolling easements’ — the ever-shifting border between public and private land — does not apply when it’s moved by a storm. At the same time, the court held that policy is justifiable in cases of erosion, which is gradual.” [Houston Chronicle; decision; previously on Swamplot]
About SwamplotSwamplot covers real estate, home design and renovation, architecture, and the landscape of Houston, Texas. Swamplot did not flood during Allison — or Ike! Honest!
Send us a tip
Subscribe to Swamplot