While I agree with everything you have stated, I think there is one compelling reason a RPLS should refrain from making coastal determinations. If the owner’s intent is to bulkhead and protect his property from further erosion, he will need to get a permit from the GLO. The GLO will require a LSLS determination of the boundary to issue the permit. Like it or not, the GLO is the enforcement body of Texas that is in charge of protecting the coastal boundaries. A long as the owner has an LSLS determination filed with the GLO, he is in no danger of litigation from the GLO. While it’s true that an RPLS determination may prevail in court, why go there? In all good conscience, I would always recommend a LSLS for that type of work.
It's not that the State has not decided because it has, the Texas Supreme Court upheld private ownership over rolling Open Beach Act Esmts. I know they are looking at it again but for the time being it is decided.
Since the land in front of this tract is not now state property (based on the last court opinion) who does it belong to. My guess it still belongs to the orginal owner and normal rules of riparian or littoral right do not apply i.e. the owner of the front tract may have a right to reclaim that land.
If the mean higher water line is not the boundary between state and private can you assume that it would be the trigger for the back property to become the littoral owner.
The city is not asking for a GLO survey what they want is a topo survey showing how far the dune line, vegatation line, and mean high water line is from the lot and the improvements on that lot. I know the city is using this information to give permits for dune restoration, dune fencing, constuction, repairs, etc. so is it possible to submit a topographic survey without giving your opinion as to the location of the property lines.
PS I'm not the guy that bid $395. We start at $1k for those jobs, but I respect their right to bid as they see fit.
I know no one is arguing or disputing this, but for those who don’t know, the littoral boundary is not always determined by Mean High Water (MHW). It also could be Mean Higher High Water (MHHW). It is actually dependent on the date of the original survey.
Those surveys made prior to the conversion from civil law to common law (1840) should use the MHHW , those made after should use the MHW.
BTW: I believe that an RPLS, if they have the right knowledge and experience, can run a littoral or a riparian boundary. An LSLS is necessary if the line needs to be recorded at the Texas GLO.
Just my $0.02
Miguel A. Escobar, RPLS, LSLS