Re: [Paddlewise] FW: Saturation Point

From: R. Walker <rww_at_mailbox.neosoft.com>
Date: Tue, 28 Sep 1999 10:32:11 -0500
> I am not certain I follow all of Debbie's description but marinas do
> consider that the water within the perimeter they create with bulkheads,
> wave attenuators, etc. is their property.

In Texas, they can not.  This has been litagated extensively, and our state 
constitution is *very* clear.  If its underwater, it ain't yours. [except for 
small creeks and drainage ditches.]   If, after a hurricane, your home is 
now on the public beach, guess what.  It ain't yours no more.  Gone.  Post 
Toasties.   Sometimes, if the beach builds back up, the state government 
will RE-title the property to you, but they don't have to if they don't want to.

> By right, they can keep you out under ordinary conditions.

In NY/NJ apparently.  Not in Texas.


Richard Walker
Houston, TX
http://www.neosoft.com/~rww/kayak_log.html
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Received on Tue Sep 28 1999 - 08:35:23 PDT

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