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No you can't have a house. Not yours!


This is one I'm just not sure what I think about.
"Some Ike victims may not be allowed to rebuild
Little-known state law could put Texas beach home owners in a bind
By MICHAEL GRACZYK and CAIN BURDEAU, Associated Press Writers Thu Sep 18, 6:46 PM ET
GALVESTON, Texas - Hundreds of people whose beachfront homes were wrecked by Hurricane Ike may be barred from rebuilding under a little-noticed Texas law. And even those whose houses were spared could end up seeing them condemned by the state.
Now here's the saltwater in the wound: It could be a year before the state tells these homeowners what they may or may not do.
The reason: A 1959 law known as the Texas Open Beaches Act. Under the law, the strip of beach between the average high-tide line and the average low-tide line is considered public property, and it is illegal to build anything there.
Over the years, the state has repeatedly invoked the law to seize houses in cases where a storm eroded a beach so badly that a home was suddenly sitting on public property. The aftermath of Ike could see the biggest such use of the law in Texas history."LINK
WOW. Wow. This is an intersting story. I mean, this is really interesting.
I wonder how this law will be applied. So, if people are living, say, across the road from a beach, and a big storm wipes out the road (I'm thinking Matunuck, here, for Rhody-minded people, the new beachfront people suddenly on public property, and their home is condemned? Yikes!
But I VERY strongly support high/low tide line public access- in fact, it is one of my all time favorite things about Rhode Island- that that was written into the Rhode Island Constitution- "The Rhode Island Constitution specifically protects citizens' rights to fish from the shore, to gather seaweed, to leave the shore to swim in the sea, and to walk along the shore. In Rhode Island, state waters of public domain extend from mean high water three miles out to sea. Above mean high water, land and resources can be, and often are, privately owned."LINK
And hey, I want my right to fish from shore and gather seaweed, and if that's suddenly your front doorstep, I like my coffee cream, no sugar, thanks. I
ll be there.
So, all in all, a VERY interesting story, especially in light of all the the land loss we're looking at as the global warming/global storming plays out.

1 comment:

Rob Nixon said...

It is not a "little known law" in Texas.

Everyone who buys property on the Texas coast has to sign a document similar to this one, http://www.trec.state.tx.us/pdf/contracts/34-3.pdf, that informs them of the Texas Open Beaches Act.

It sucks for those people and some are my friends and family but they knew the risk. It looks as if Patterson is going to defer enforcement for now until the GLO can asses the situation further.