Removal of Nuisance Structures - Surfside Beach, TX

As you may or may not know, we Texans are in a serious fight to keep our beaches safe, viable and open to the public. We are also trying to encourage the State to renourish beaches that have become eroded by whatever forces. The Texas Open Beaches Act of 1959 (amended 1991) is Texas Law and guarantees to all, free public access to Texas beaches on the Gulf of Mexico. Over the last sixty years, a line of vegetation between the homeowners property and the Gulf has defined our publicly owned beaches. As a consequence of erosion, storms and aggressive tides, the boundaries between private property and public beaches have, in some instances, overlapped. Homes that had once been on private property behind the dune/vegetation line are now in between the vegetation line and the sea, placing public beaches atop private property. We will not delve further into this particular dilemma which has produced a quagmire of litigation, involving endless appeals from the courts, attorneys and property owners who held on to beach homes they knew would eventually be gobbled up by a changing shoreline. Their lawyers have managed to constipate our courts with legal filings for many past years and it appears it may continue for years to come. The resulting issue is why we now ask for your thoughtful consideration and positive acknowledgement on this petition.

Beachfront homes on public pedestrian beach, the south end of Follets Island in Surfside Beach, Texas have had a rough go over the last 30 years from tidal surges, storms and erosion. Unfortunately the last 15 years have seen front row beach homes, on Pedestrian Beach, become part of the Gulf of Mexico. The boundaries of public/private property issues crept into the courts, some homeowners accepted offers to sell their property to the state, some moved and a few left their homes to rot and jeopardize the public safety of all who come to enjoy one of their favorite pastimes, playing on the beach. The owners of the two homes that remain standing as well as the owners of many of the homes which have long since fallen into the sea and have been pushed and/or blown away, are involved in a tug of war along with their attorneys and the state, these matters may be tied up in the court for years. In the interim, these homeowners have allowed the last 2 remaining structures to fall into extreme disrepair, showing no concern for the public safety of beachgoers. They have also turned down offers from the state to purchase or move these structures, (Copy and paste this link in your browser to view photos taken last August of these two homes www.rpix.info/2Left.jpg). As glass shards and rotten debris rain down upon the beach in harms way of young and old, the debate goes on and the homeowners turn a blind eye. Unless something is done soon, their will be a price paid by an unsuspecting child or exploring vacationer; to date, the accidents have been both minor and more serious, lets intervene before a tragedy occurs. Also, and very disconcerting, at some point the state (General Land Office) may decide to remove themselves from the renourishment process which is now taking place. The state may once again back away, awaiting the outcome of more tedious journeys through the courts. If the situation is not rectified and what we fear occurs, most who understand the situation at Surfside Beach believe the end result would be disastrous for the residents of Surfside. The value of their property and the tourism trade will certainly suffer, not to mention the loss of public beaches in Surfside.

Both the state and attorney for the homeowners of these derelict structures have admitted there is a way to obtain forced removal while awaiting a decision from the courts. The city of Surfside Beach, as well as Brazoria County, has the inherent power of condemnation of public and dangerous nuisances. If enforced by the Village of Surfside Beach and/or Brazoria County, these derelict structures would be removed and the public safety issues resolved; however, for some reason, Surfside city officials nor Brazoria County have seen fit to use their authority for the betterment and safety of all those who live in and visit Surfside Beach.

We are now left with one remedy only, to petition the Honorable Larry Davison (Mayor of Surfside, Surfsides city officials and Brazoria County to act in a manner that reflects the towns desire to move forward and assure her citizens, along with all who visit her shores, Surfside Beach is truly the #1 place to vacation and relax on the Gulf Coast. Lets make sure our voices are heard and wisdom finally rules the day.

Please, if you desire to see Surfside rid of the derelict structures on her southernmost beaches and provide proof positive to the State Supreme Court and the city officials of Surfside that Texans are still in control and care of their public beaches, sign this petition with the information requested.

Thank you for your time, consideration and acknowledgment.

Eric Younkin Sr.
www.SurfsideBeachTexas.net