Legal Question in Real Estate Law in Texas
Private Commercial Beach
We have a privately owned commercial gated beach on the coast of the Gulf of Mexico. For over 43 years we've operated our tourist business adn abided by the laws set forth under the Sapnish Land Grant and Menard Act. Our property is family owned and operated and NEVER been submerged. It actually accretes grossly. Our property is not inlcuded in any state or local laws and ordinances regarding access, state parks rules and regulations. In fact, it was left out intentionally. Now the state is claiming our land was submerged and replenished even though the replenishment by the state indicates it wasn't. We sued the state and they settled with a settlement agreement. Several government officials publicly stated our rights are being trampled on. We abided by all terms of the agreement and now they are claiming sovreign immunity after aknowledging they acted in bad faith. My quesion? Who do I turn to? How do I get into Federal Court if Texas has sovreign immunity? There are no laws that apply to us therefore, who exactly has jurisdiction? Thank you!
1 Answer from Attorneys
Re: Private Commercial Beach
The court in which the original settlement agreement was entered would be the place to enforce it. If the court won't enforce the agreement to your satisfaction, a Fifth Amendment takings claim can be brought in federal court, but likely only after you exhaust your state appeals.
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