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Consider each of the following laws as potential regulatory takings: ( a ) A new Texas Open Beach Act permits public easements - a right
Consider each of the following laws as potential regulatory takings:
a A new Texas Open Beach Act permits public easements a right of
passageover dry sand beaches that are privately owned. Beach erosion
or sea level rises can cause those easements to move further and further
inland, often closer to beach homes. Severance v Patternson, Fd
th Cir.
b Erosion threatens about percent of Florida's beaches, and under a
law, the state dredged sand from one area and moved it to a threatened
area, extending the width of an eroding beach feet. This new stretch
of beach would then be publicly accessible. Six property owners, calling
themselves Stop the Beach Renourishment Inc., claimed their deeds enti
tled them to the waterfront, and that members of the public should not be
permitted to use the additional space. Stop the Beach Renourishment Inc.
v Florida Dept. of the Environment, Sod FI
c SWEPI LP is a subsidiary of Royal Dutch Shell and operates oil fields. In
the company paid some $ for oil and gas leases in Mora County,
New Mexico. Four years later, the Mora County Board of County Commis
sioners made it unlawful for corporations to engage in the extraction of
oil, natural gas, or other hydrocarbons anywhere within the county. At the
time, the company had made no attempts to drill for oil or gas, there were
no producing oil and gas wells in the area around its leases, and the county
claimed it was not economically feasible to drill. Was this an unconstitu
tional taking? Research: Read the Mora County declaration explaining its
actions. SWEPI, LP v Mora County, NM FSuppd DNM
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