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OBA lawsuit that could be major

 
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Jolly Roger



Joined: 27 May 2006
Posts: 7

PostPosted: Thu Jul 27, 2006 3:30 pm    Post subject: OBA lawsuit that could be major Reply with quote

Might want to keep an eye on this one. If the land owner wins it will set a precedent that will be the end of public beach in front of homes as we know it.

If this is a re-post, I missed it.


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captfrankie
Flour Bluffian in training


Joined: 08 Mar 2006
Posts: 269
Location: Port Aransas

PostPosted: Thu Jul 27, 2006 4:00 pm    Post subject: Eminent Domain Reply with quote

Eminent Domain n.
The right of a government to appropriate private property for public use, usually with compensation to the owner.

Main Entry: em·i·nent do·main

Pronunciation: 'e-m&-n&nt-
Function: noun
: the right of the government to take property from a private owner for public use by virtue of the superior dominion of its sovereignty over all lands within its jurisdiction —see also CONDEMN, EXPROPRIATE, TAKE 1b
NOTE: The Fifth Amendment to the U.S. Constitution requires the government to compensate the owner of property taken by eminent domain, stating “nor shall private property be taken for public use, without just compensation.” State constitutions contain similar provisions requiring that the property owner receive just compensation for the property taken.

The Government can and will do whatever it wishes to do on this issue.


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rabbit
Full Grown Flour Bluffian


Joined: 06 Mar 2006
Posts: 3835
Location: FLOUR BLUFF

PostPosted: Thu Jul 27, 2006 4:36 pm    Post subject: Reply with quote

These home owners know that the seaward side of their property is governed by the vegetation line and they agreed to this when they bought the property and built their homes. If the vegetation line moved seaward they would gain property and they would not say one word about it. However in this case it is moving away from the sea so they are loosing property or homes and now they want to cry like babies. All I can say is TS you knew the law when you built the homes or bought the property. Very Happy
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Jolly Roger



Joined: 27 May 2006
Posts: 7

PostPosted: Thu Jul 27, 2006 4:54 pm    Post subject: Reply with quote

rabbit wrote:
These home owners know that the seaward side of their property is governed by the vegetation line and they agreed to this when they bought the property and built their homes. If the vegetation line moved seaward they would gain property and they would not say one word about it. However in this case it is moving away from the sea so they are loosing property or homes and now they want to cry like babies. All I can say is TS you knew the law when you built the homes or bought the property. Very Happy


I agree with you 100%, and hope the judge also agrees with you. But if the judge rules in favor of the landowner expect problems from all land owners that have land or lost land due to the vegetation line.

It is is scary to see , but the OBA could be in the hands of one judge. I would hope that the GLO was smart enough to see this coming when they made the call on the homes and are prepared.

For the conspiracy minded people out there this could also be seen as a set up by patterson. Knowing that the GLO would get suied by home owners. This would be a way to make private beaches in Texas without GLO having any say on the subject. Then most any first row house would have private beaches, would only be a matter of time.
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FINS
Full Grown Flour Bluffian


Joined: 13 Apr 2006
Posts: 1227
Location: San Antonio TX

PostPosted: Thu Jul 27, 2006 5:34 pm    Post subject: Reply with quote

Its crazy how dead the area from Galveston to surfside is...........miles and miles of beach is closed off for driving. When driving from Galveston to surfside its like driving a deserted road. Not many people on the road nor in the area. U see some businesses open while others have been closed down im assuming due to not very many people for business. U see more "life" in the areas that are accessible by vehicles.
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rabbit
Full Grown Flour Bluffian


Joined: 06 Mar 2006
Posts: 3835
Location: FLOUR BLUFF

PostPosted: Thu Jul 27, 2006 6:16 pm    Post subject: Reply with quote

I was living in dayton tx when alisha came in and people started to rebuild in front of the vegetation line and the GLO stopped them so they sued and the GLO won. Very Happy
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Bwanablue
Pony Mullet


Joined: 07 Mar 2006
Posts: 74
Location: knee deep

PostPosted: Fri Jul 28, 2006 8:10 am    Post subject: Reply with quote

My reply to JR over at EC:
"I agree with JR. Anyone who buys real estate fronting on a Gulf beach should be aware that, in reality, they have only leased the right to set up a long term camp inland of the vegetation line. The lessor is the Gulf of Mexico. The term of the lease is only as long as the Gulf wants it to be; could be 20 years, could be 20 days. The beachfront "landowners" may have a lot fancier, and definitely a lot more expensive, camps than we do, but we who camp on the public beach at least understand that our camps have no permanence."
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