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Voters approve open-beaches amendment
By Leigh Jones
The Daily News
Published November 4, 2009
Texans voted overwhelmingly Tuesday to make the public’s right to free beach access part of the state constitution.
Results were not final by press time, but the amendment, on ballots as Proposition 9, maintained a 3-to-1 lead in Galveston County and throughout the state most of the night.
The amendment established a permanent easement on the beach in favor of the public and reiterated the Legislature’s right to pass laws to protect the beach from “interference and encroachments.”
Although most experts agreed the amendment would not give the state more authority or guidance than the Texas Open Beaches Act in managing the beaches, it might make investors think twice about buying property on the edge of the Gulf of Mexico, former State Sen. A.R. “Babe” Schwartz said.
“It changes the attitude of speculators who somehow believe they’re going to get by with whatever they can borrow, beg or steal,” he said.
State law gives the land commissioner authority to prohibit new building in the public beach easement and to remove houses that end up in the easement because of erosion, but home-owners have challenged enforcement.
Although the law does not define how the easement changes with time, state officials have interpreted the act to imply a rolling easement that moves as the beaches erode and accrete.
The Texas Supreme Court will hear a case challenging the rolling easement doctrine Nov. 19.
If the court rules the easement does not move, the open beaches act will be gutted, open beach advocates say. It is not clear how the amendment will effect deliberations.
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State Proposition 9
Statewide *
FOR — 713,574, 77 percent
AGAINST — 214,073, 23 percent
* 84 percent of the state votes counted
Galveston County
FOR — 10,365, 83 percent
AGAINST — 2,098, 17 percent
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ONLINE: For complete results of the state propositions go to the Politics blog at galvnews.com.
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