Texas House Bill HCR95

Texas 2011 - 82nd Regular

• Introduced: 3/10/11
• Refer: 3/18/11

Caption

Granting Grandfather's Blind, Ltd., and Donner Properties permission to sue the State of Texas, the General Land Office, and the School Land Board.

Impact

The bill specifically seeks a court determination to clarify the boundary between private land and state-owned submerged land in Hynes Bay, San Antonio Bay, and Guadalupe Bayou. By affirming the owners' claims to exclude the public from certain waters that are deemed private and non-navigable, HCR95 aims to restore property rights and ensure the peaceful enjoyment of the land. This resolution is significant as it may establish precedents regarding similar land and water rights disputes in Texas.

Summary

HCR95 is a concurrent resolution that grants Grandfather's Blind, Ltd. and Donner Properties permission to sue the State of Texas, the General Land Office, and the School Land Board regarding certain property and water rights associated with 13 patents issued between 1861 and 1956. The properties in question, located in Refugio County, encompass approximately 3,800 acres and include both dry land and inland lake waters. The resolution seeks to affirm the boundaries originally established by these patents, which have been subject to disputes and confusion over the jurisdiction and rights concerning the submerged lands and adjacent public waters.

Sentiment

The general sentiment among proponents of HCR95 appears to be positive, emphasizing the importance of property rights, historical ownership claims, and the need for clear boundaries to prevent public invasions of private property. However, as with many property rights issues, there may be contention among stakeholders interested in public access to the water for recreational purposes, thus creating a polarized view on the bill's implications for public rights versus private ownership.

Contention

Notable points of contention include the balance between property owners' rights and public access to natural resources. The bill stipulates that the owners have exclusive rights to both land and water within the established boundaries of the 13 patents, which could restrict public activities such as fishing and boating in areas that may have been historically accessible. This potential limitation on public access could lead to debates regarding the appropriate use of Texas' coastal and water resources.