A “rolling easement” to promote public access to the beach would permit the State to evade its burden of proof in easement cases along the Gulf and pass that burden onto private property owners.
Restoring Private Property Rights: Regulatory Takings
Municipal regulations like zoning ordinances can infringe on private property rights and distort the housing market. Key points: Private property rights are under threat from municipal zoning ordinances and design mandates. Texas law has failed to adequately protect property owners from regulatory takings. By closing the municipal loophole, Texas can be the national leader in...