July 18, 2008

The Surfside beach front property rights battle

On June 17, 2008, National Public Radio picked up on a property rights battle, previously covered by the Wall Street Journal, involving a friend of the Wizard named Brooks Porter. Brooks, along with his wife Merry, own a beach front property in Surfside Texas, near Freeport, which they have held for 25 years.

As the NPR story relates, the Porters purchased the house as a rental and occasional weekend beach house. The problem is that over the past 25 years, the Gulf of Mexico has eroded the local beach heads dozens of feet, sweeping grasses and dunes with it. The Porters, along with some other locals, now have housing that sits just yards away from the shoreline. That in turn puts them on the beach which is in violation of the Texas Open Beaches Act, which states that the beach is effectively a park.

Brooks told me a while back that the problem is that the beach erosion is not entirely a natural phenomenon, due to acts from the Army Corps of Engineers and other entities. He and the wife intend to stay put.

As the NPR story correctly concludes, this is a big looming problem. To quote NPR:

How this case gets resolved could set a precedent far beyond Texas. What if rising seas threaten one day to swamp skyscrapers in Manhattan or entire towns in Florida? Whose responsibility will it be to move buildings out of the way? Who will take the hit for the lost property value?

Mr. and Mrs. Porter have fought this battle for 10 years now. Stay tuned.

Sigh...

Wizard.

Posted by The Mighty Wizard at July 18, 2008 12:25 AM