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Relating to the burden of proof in a suit or administrative proceeding to establish that an area is subject to the public beach easement.
No significant fiscal implication to the State is anticipated.
HB 4172 would, in suits to determine public beach easements, place the burden of proof on the party seeking to establish that a property owner's title does not include the right to prevent the public from using their property to access the sea.
Texas Action supports HB 4172 because it would advance property rights and limited government. A person who owns beachfront property should have a presumption of right to prevent public access to their property. HB 4172 would place the burden of proving a public right to the beachfront property on the plaintiff in a suit.
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