Severance v. Patterson

in which Justice HECHT, Justice GREEN, Justice JOHNSON, Justice WILLETT, and Justice GUZMAN joined.

This case comes before us in the form of certified questions from the United States *21Court of Appeals for the Fifth Circuit. Pursuant to article V, section 3-c of the Texas Constitution and Texas Rule of Appellate Procedure 58.1, we answer the following questions:

1. Does Texas recognize a “rolling” public beachfront access easement, i.e., an easement in favor of the public that allows access to and use of the beaches on the Gulf of Mexico, the boundary of which easement migrates solely according…