Texas has long considered beaches to be public property up to the vegetation line, but a Supreme Court ruling put that in doubt. In November, the court cited early Texas history and ruled that Galveston Island's West Beach could be considered private property.

The Supreme Court agreed to rehear the case on Tuesday morning after the General Land Office complained the more recent Open Beaches Act superseded the earlier law.

The lawsuit arose after Hurricane Rita eroded the sand and left several homes on the beach. The GLO tried to foreclose on those structures, but the property owner took the state to court.