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Amendment’s OK won’t alter beach access case
Published November 8, 2009
SURFSIDE BEACH — An amendment to the state constitution passed by a tsunami of Texas voters won’t block challenges by homeowners who say they are owed compensation if it’s determined erosion has put their property on a public beach, state officials said.
“I was not surprised,” said Macario Ramirez, who owns two homes in Surfside Beach. “It doesn’t stop us from challenging it though.”
Brazoria County voted lockstep with voters statewide in approving all 11 of the proposed constitutional amendments Tuesday, including Proposition 9, which gives residents the right to access Texas beaches. The right has been part of Texas law since 1959, but now will be part of the Constitution.
Other amendments address how property values are appraised, limiting use of eminent domain, allowing the state to contribute to veterans hospitals, establishing a fund for emerging research universities and giving the Texas Veterans Land Board the permanent right to issue bonds.
The amendments will become effective after the election results are canvassed, which cannot take place until 15 days after the election.
Texas, Brazoria County and Surfside Beach voters overwhelmingly approved Proposition 9. In Brazoria County, there were 13,556 votes, or 81 percent, in favor of it and 3,112, or 19 percent, against it, according to unofficial results. Statewide, unofficial results show 76.9 percent for it and 23 percent voting against it.
Ramirez said he and others have been in an almost eight-year legal battle with the General Land Office about the value of their homes, which now are on public beach because of erosion. Ramirez said he does not oppose the right for the public to access the beaches, he just wants the fair value for his homes along Beach Drive.
“All of these are retirement packages for me,” he said.
Land office spokesman Jim Suydam said after the amendment is certified, the right to access public beaches can’t be changed or modified without voter approval by another amendment. Litigation will not be affected because the language and enforcement is the same, he said.
“All it does it take what’s in the state law and place it into the Constitution,” Suydam said. “It doesn’t change what we do here.”
While the county and the state heavily favored Proposition 9, Surfside Beach voters also supported it with 48 votes for it and 27 votes against it, according to Brazoria County Elections Department.
“It’s pretty overwhelming,” said Glenn Robichau, whose family owns a home in Surfside Beach. “I think it’s for all of the right reasons.”
Voters in four Freeport voting districts overwhelmingly approved Proposition 11, which limits the use of eminent domain by government entities for economic development. According to numbers from the Freeport precincts, 258 voters approved of Proposition 11 compared to the 110 who voted against it.
Freeport became a hot spot for the eminent domain argument when the city attempted to use eminent domain to obtain property from Western Seafood and others to build a marina, which city leaders saw as a way to help jump-start a revitalization in the port city.
The measure passed statewide with 81 percent voting for it, and in Brazoria County with 79 percent in favor.
“The state as a whole saw the potential problems with eminent domain,” said Dan Tarver, president of the Freeport Economic Development Corp., the force behind the marina project.
After a six-year legal battle and a change in leadership, both with the city and Freeport Economic Development Corp., the city settled with Western Seafood in February.
John Tompkins is senior reporter for The Facts. Contact him at 979-849-8581.
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