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Texas Homeowners Protest State Decision to Make Their Land a Public Beach

Charge action violates due process

by WND
May 29, 2021
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Texas Homeowners Protest State Decision to Make Their Land a Public Beach

Homeowners in Galveston, Texas, have filed a legal action against the state government after Hurricane Laura and Tropical Storm Beta came through and altered the beachfront, prompting the state to demand that all land from the mean low tide line to 200 feet inland is public beach.

Article by Bob Unruh from WND.

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As shorelines actually do change periodically, most times the designated public property is between the low tide and high tide lines, which leaves improved, and privately owned, properties further away from the water untouched.

However, the state of Texas this year issued an order that because of the storm alterations in the Galveston region, that public property is from the low tide mark to 200 feet inland.

Only that actually takes private property on which homes have been built.

The Pacific Legal Foundation is taking up the case on behalf of landowners like Charles Sheffield and Merry Porter.

“Sheffield and Porter separately own several beachfront homes in Surfside Beach, which they use for rental income. The newly redrawn public beach area covers their property, placing the public beach on and around their beachfront homes and private property,” the legal team explains.

According to the state, “the placement of public beach on residential land triggers the public’s right to access and use of that land any time of day or night under the Texas Open Beaches Act. That means Sheffield and Porter cannot exclude trespassers from around their homes, and it creates related liability concerns, will result in substantial restrictions on their right to repair their homes, and does damage to their property values,” the foundation explained.

“The state can’t suddenly just redraw public beach property boundaries so as to convert a private residential lot into an area open for public use,” said J. David Breemer, a lawyer with the foundation.

“This illegal and unconstitutional move offends the rights of Texans like Sheffield and Porter to freely use, enjoy, and protect their beachfront homes. The Land Commissioner must abandon this illegal attempt to grab private coastal property for public use without just compensation, due process, or respect for Texas law.”

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The state’s ownership of beach land between low and high tide marks is widely recognized, and the state already has the right to obtain beach easements on private land by proving a public right in a court of law – or buying the land.

The case charges the state is taking private property without just compensation and depriving the owners of due process, and it seeks an court order against the “unconstitutional taking of private land.”

“State officials may not place or move a public beach or public beach easement onto private land like plaintiffs’ based on the effects of a tropical storm or hurricane,” the case contends. “Before enforcing or declaring a public beach or public easement on private coastlands, state officials must establish in court that a common law public easement exists and burdens the areas of land which they seek to open to public use.”



‘The Purge’ by Big Tech targets conservatives, including us

Just when we thought the Covid-19 lockdowns were ending and our ability to stay afloat was improving, censorship reared its ugly head.

For the last few months, NOQ Report, Conservative Playbook, and the American Conservative Movement have appealed to our readers for assistance in staying afloat through Covid-19 lockdowns. The downturn in the economy has limited our ability to generate proper ad revenue just as our traffic was skyrocketing. We had our first sustained stretch of three months with over a million visitors in November, December, and January, but February saw a dip.

It wasn’t just the shortened month. We expected that. We also expected the continuation of dropping traffic from “woke” Big Tech companies like Google, Facebook, and Twitter, but it has actually been much worse than anticipated. Our Twitter account was banned. Both of our YouTube accounts were banned. Facebook “fact-checks” everything we post. Spotify canceled us. Medium canceled us. Apple canceled us. Why? Because we believe in the truth prevailing, and that means we will continue to discuss “taboo” topics.

The 2020 presidential election was stolen. You can’t say that on Big Tech platforms without risking cancellation, but we’d rather get cancelled for telling the truth rather than staying around to repeat mainstream media’s lies. They have been covering it up since before the election and they’ve convinced the vast majority of conservative news outlets that they will be harmed if they continue to discuss voter fraud. We refuse to back down. The truth is the truth.

The lies associated with Covid-19 are only slightly more prevalent than the suppression of valid scientific information that runs counter to the prescribed narrative. We should be allowed to ask questions about the vaccines, for example, as there is ample evidence for concern. One does not have to be an “anti-vaxxer” in order to want answers about vaccines that are still considered experimental and that have a track record in a short period of time of having side-effects, including death. One of our stories about the Johnson & Johnson “vaccine” causing blood clots was “fact-checked” and removed one day before the government hit the brakes on it. These questions and news items are not allowed on Big Tech which is just another reason we are getting canceled.

There are more topics that they refuse to allow. In turn, we refuse to stop discussing them. This is why we desperately need your help. The best way NOQ, CP, and ACM readers can help is to donate. Our Giving Fuel page makes it easy to donate one-time or monthly. Alternatively, you can donate through PayPal as well. We are pacing to be short by about $3700 per month in order to maintain operations.

The second way to help is to become a partner. We’ve strongly considered seeking angel investors in the past but because we were paying the bills, it didn’t seem necessary. Now, we’re struggling to pay the bills. We had 5,657,724 sessions on our website from November, 2020, through February, 2021. Our intention is to elevate that to higher levels this year by focusing on a strategy that relies on free speech rather than being beholden to progressive Big Tech companies.

During that four-month stretch, Twitter and Facebook accounted for about 20% of our traffic. We are actively working on operating as if that traffic is zero, replacing it with platforms that operate more freely such as Gab, Parler, and others. While we were never as dependent on Big Tech as most conservative sites, we’d like to be completely free from them. That doesn’t mean we will block them, but we refuse to be beholden to companies that absolutely despise us simply because of our political ideology.

We’re heading in the right direction and we believe we’re ready talk to patriotic investors who want to not only “get in on the action” but more importantly who want to help America hear the truth. Interested investors should contact me directly with the contact button above.

As the world spirals towards radical progressivism, the need for truthful journalism has never been greater. But in these times, we need as many conservative media voices as possible. Please help keep NOQ Report going.

If society collapses, do you have the medical supplies you need? Check out “The Medic,” or as I like to call it, the Big Daddy of first aid kits.

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Yes, We Need Your Help

I hate being “that guy” who asks people to donate because I think our conservative news network is so crucial, but here I am…

When I left my cushy corporate job in 2017, I did so knowing that my family would have to make sacrifices. But I couldn’t continue to watch the nation slip into oblivion and was inspired by President Trump’s willingness to fight the good fight even at his own personal expense. What I didn’t realize then is that conservative media would be so heavily attacked, canceled, and defunded that the sacrifices would be extreme.

Many in this nation are struggling right now even though we weren’t struggling just a few years ago. I’m not alone. But I wake up every morning and operate the sites we’ve been able to build because there’s really no other choice. I refuse to be beholden to Big Tech like so many other conservative news outlets, which is why you won’t see Google ads here. With that said, it’s often challenging to pay the bills and it’s even harder to expand so we can get the America First message out to a wider audience.

The economic downturn has forced me to make a plea for help. Between cancel culture, lockdowns, and diminishing ad revenue, we need financial assistance in order to continue to spread the truth. We ask all who have the means, please donate through our Giving Fuel. Your generosity is what keeps these sites running and allows us to expand our reach so the truth can get to the masses. We’ve had great success in growing but we know we can do more with your assistance.

We currently operate:

  • NOQ Report
  • Conservative Playlist
  • Uncanceled News
  • Based Underground
  • Five other conservative news sites

I would even be willing to entertain investments and partnerships at this stage. I’ve turned them down in the past because editorial purity is extremely important. I’ll turn them down again if anyone wants us to start supporting RINOs or avoid “taboo” topics like voter fraud, vaccines, or transgender supremacy. But I’d talk to fellow America First patriots who want to help any (or all) of our 10 news sites. Hit me up at jdrucker (at) substack (dot) com if you’re interested.

For those who have the means and just want to help keep the mission of spreading a conservative, Christian message to the nation, please consider a generous donation.


Covid variant BA.5 is spreading. It appears milder but much more contagious and evades natural immunity. Best to boost your immune system with new Z-Dtox and Z-Stack nutraceuticals from our dear friend, the late Dr. Vladimir Zelenko.

Why We “Moderate” a Commentor’s First Post

Tags: GovernmentTexasTop StoryWND
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