Coastal water authority v. York (ownership of submerged land adjacent to Houston ship channel)

PLAINTIFF LANDOWNER BROUGHT SUIT AGAINST DEFENDANT COASTAL WATER AUTHORITY TO DETERMINE OWNERSHIP OF SUBMERGED LAND. PLAINTIFF RECEIVED TITLE TO PROPERTY IN QUESTION BY GENERAL WARRANTY DEED IN WHICH ONE BOUNDARY OF THE PROPRTY WAS DESCRIBED AS THE 'WATER'S EDGE OF THE HOUSTON SHIP CHANNEL'. AFTER THE CONVEYANCE THE WATER'S EDGE MOVED INLAND SUBMERGING A PORTION OF PLAINTIFF'S LAND. THE COASTAL AUTHORITY CONTENDED THAT THE SUBMERGED LAND WAS LOST TO PLAINTIFF AND HAD BECOME PROPERTY OF THE STATE OF TEXAS. ON APPEAL THE COURT OF CIVIL APPEALS MENTIONED THE COMMON LAW RULE THAT WHEN, DUE TO EROSION, A RIVER COMES TO OCCUPY LAND PREVIOUSLY DRY, THE OWNER LOSES TITLE TO THAT LAND. HOWEVER, THE COURT HELD THE BETTER RULE TO BE THAT WHERE LANDS ARE PRIVATELY OWNED AND BORDERING ON A SEASHORE, OR AN ARM THEREOF, OR OTHER NAVIG WATERS, THE MERE FACT THAT A PORTION OF SUCH LANDS BECOME SUBMERGED DOES NOT DEPRIVE THE OWNERS OF TITLE TO THE LAND SO LONG AS THE BOUNDARIES CAN BE REASONABLY IDENTIFIED. (NURSEY-FLORIDA)