Tex. Sup. Ct. Opinions by Justice Willet (Tex. 2006)

2007 Majority Opinions by Justice Don R. Willet

Norris v. Thomas, No. 05-0476 (Tex. Feb. 9 2007)(Justice Willet)
[can a boat qualify for homestead exemption under Texas homestead law?]
Norris v. Thomas, No. 05-0476 (Tex. Feb. 9 2007)(dissenting opinion by O'Neill)

2006 Majority Opinions authored by Justice Don Willet

Sheshunoff Management Services v. Johnson, No. 03-1050 (Tex. Oct. 22, 2006)(Justice Don R. Willet)
Chief Justice Jefferson delivered a concurring opinion
Justice Wainwright delivered a concurring opinion

In Re Wilson Construction Co., No. 05-0326 (Tex. June 30, 2006)(Mandamus)(Justice Don R. Willet)

- consolidated with -

American Standard v. Brownsville ISD, No. 05-0327, (Tex. Jun 30, 2006)(consolidated with In Re Wilson
Construction Co. No. 05-0326 (Tex. Jun. 30, 2006)(Justice Willet)

Cooper Tire & Rubber Co. v. Mendez,No. 04-1039 (Tex. Jun. 16, 2006)(Justice Don R. Willet)

Willis v. Donelly, No. 04-0409 (Tex. Jun. 2 ,2006)(Justice Don Willet)
[corporate vs. individual liability, exposure of shareholders of closely held corporation, breach of contract]

Also see ---> 2006 Texas Supreme Court Per Curiam Opinions | 2007 Per Curiam Opinions |
Opinions by fellow justices:Chief Justice Wallace B. Jefferson | Ju stice Nathan L. Hecht |
Justice Harriet O'Neill | Justice Dale Wainwright | Justice Scott A. Brister | Justice David Medina |
Justice Paul W. Green | Justice Phil Johnson | Justice Don R. Willett |

Boat Does Not Qualify for Homestead Protection under Texas Homestead Law

Norris v. Thomas, No. 05-0476 (Tex. Feb. 9 2007)(Justice Willet)
We confront today a question of first impression: whether a boat qualifies as a homestead under article
XVI, sections 50 and 51 of the Texas Constitution. Since 1845, our state constitution has protected a
homestead from forced sale to satisfy the claims of creditors.[1] Thomas Norris claimed his 68-foot yacht
as a homestead to shield it from bankruptcy creditors, prompting the United States Court of Appeals for
the Fifth Circuit to certify this question to us: “Does a motorized waterborne vessel, used as a primary
residence and otherwise fulfilling all of the requirements of a homestead except attachment to land,
qualify for the homestead exemption under Article 16, §§ 50 and 51 of the Texas Constitution?”[2] Under
the facts presented in this case, and given the Constitution’s explicit realty-based language, we answer
the question, “No.”
Conclusion. Unless and until Texas law changes, a boat can be a home, but it cannot be a homestead.
Our realty-focused constitution and laws frame a homestead in terms of tracts, parcels, acres, and lots
together with any land-based improvements.
In order to qualify as a homestead, a residence must rest on the land and have a requisite degree of
physical permanency, immobility, and attachment to fixed realty. A dock-based umbilical cord providing
water, electricity, and phone service may help make a boat habitable, but the attachment to land is too
slight to warrant homestead protection.
Accordingly, Norris’s yacht does not qualify as an exempt homestead under article XVI, sections 50 and
51 of the Texas Constitution, and we answer the certified question, “No.”