Register Real Estate Advisors

GALVESTON (REBusinessOnline.com) – A pair of hotels has opened for business this month, just in time for the area’s busy tourist season.

An 85-room Courtyard by Marriott opened at 9550 Seawall Blvd. Designed by Dallas-based Mayse & Associates, the hotel includes a swimming pool and bar on its 4.8-acre site.

Earlier this month, an 88-room Marriott TownePlace Suites opened at 9540 Seawall Blvd.

AUSTIN (Texas General Land Office) – Public beach access on Galveston’s west end ended last week when the state Surpreme Court reaffirmed its previous ruling in favor of a California divorce attorney who bought beachfront rental properties there.

In 2005, California resident Carole Severance purchased several houses on the beach in Galveston. After Hurricane Rita hit that summer, the General Land Office sent Severance a letter stating her property was on the public beach and subject to removal under the Open Beaches Act. She was later offered up to $40,000 in public money to move each house off the beach.

Severance sued, claiming the public’s right to access the beach violated her constitutional rights.

In 2010, the Texas Supreme Court issued an opinion in the case that called into question the public beach easement, a key provision of the Texas Open Beaches Act. The Court ruled that a public beach easement does not exist on West Galveston Island because the original Republic of Texas land patent from 1840 failed to reserve the public’s right to use the beach.

The Court stated in last week’s ruling that even for areas where a public beach easement could be proven by the State, that easement did not “roll” landward and would effectively be extinguished after each new storm event or hurricane that moved the line of vegetation.

In a press release issued by the General Land Office, Texas Land Commissioner Jerry Patterson said the ruling ends any future possibility of much-needed beach renourishment projects for Galveston island’s rapidly eroding west end and will make it impossible for the state to step in quickly to clear the beach of debris after the next hurricane demolishes the front row.

GALVESTON (Houston Chronicle) – Landry’s founder Tilman Fertitta is restoring a little of Galveston Island’s history.

The Houston Chronicle reports that construction has begun on Fertitta’s $60 million Galveston Island Historic Pleasure Pier, an amusement attraction much like the one that opened in 1943 at 25th St. It was destroyed by Hurricane Carla in 1961.

The new attraction will be built at the same location, jutting out 1,000 feet over the Gulf. The site was most recently home to the Flagship Hotel.

Plans call for 16 rides (including a roller coaster and Ferris wheel), carnival games, souvenir shops, food vendors and the state’s first Bubba Gump Shrimp Co. restaurant.

Pleasure Pier is slated to open in May.

Are you vacationing this 4th of July weekend?  Or having a “Staycation in your own backyard space?”  Below is an article written by Sam Hickey, Owner of Creekstone Outdoors.  It was published in the June 2011 Issue of Texas Builder Magazine.  What do you think?  Do you prefer a real vacation this holiday weekend or a “Staycation?”

In today’s world, we find ourselves increasingly attached to
our laptops, PDAs, cell phones, smart phones, internet, etc., and it is
increasingly more difficult to “get away from it all.”  The stresses of our everyday lives paired
with a struggling economy have made outdoor living areas a primary choice as
people decide where to spend their construction dollars.  The popularity of “staycations” has increased
as well, contributing to people’s desires to have resort-style backyards they
can regularly enjoy.

“Outdoor Living” is an extension of the living area into the
backyard.  At one time, a swimming pool
was by and large the only element homeowners considered for their
backyards.  However, today’s backyards
regularly include fireplaces, fire pits, pizza ovens, pergolas, built-in bench
seating, outdoor kitchens, stand-alone patio covers, bathrooms, water features,
and more.

An outdoor fireplace or fire pit is becoming increasingly
popular as people design their entertaining areas.  The ambiance of a lit fire as you cook and
entertain can set the mood whether you are trying to entertain or just
relax.  The fireplace is more commonly
built in conjunction with a patio cover or pergola to help create the
full-service living room outside.  The
fire pits are a great addition to an open air seating area in a backyard and
are instrumental in helping stir the conversation and storytelling.

Today’s patio covers are much more than a shade area to
protect us from the sun, rain and heat.
Entertaining outdoors wouldn’t be complete without a full array of music
and television.  RF, radio frequency,
remotes are a practical alternative to leaving high-dollar electronic equipment
outside.  By back feeding the low voltage
connections from an indoor location, a homeowner simply needs only the remote
and an outdoor television to watch the big game or listen to their iPod
outside!  This eliminates the challenge
of finding a good location for stereo receivers and cable boxes while also
helping to minimize equipment replacement due to being exposed to the elements.

Stain grade v-groove or bead board ceilings are a fantastic
look and help create a warm feeling when used to dress up a patio cover.  Available in many different wood species,
such as pine, cedar, or cypress, a stained ceiling can help create the ultimate
look!

Outdoor kitchens’ recent popularity has spurred an increase
in the availability of component options.
Previously, an outdoor kitchen was typically referencing a built-in
grill.  Today, an outdoor kitchen
commonly consists of a built-in grill, side burners, power burner, sink,
built-in ice chest and refrigerator.
Other items that are beginning to make their way into people’s backyards
are warming drawers, ice makers and ovens.
In addition to basic appliances, other conveniences such as enclosed
door and drawer units, trash can pull outs, paper towel storage and cutting
boards are commonly incorporated to make the outdoor kitchen full service.  A chef’s kitchen can easily be constructed
outside with the availability of appliances on the market.

Pizza ovens have started to gain traction here in Texas as
well.  A masonry constructed pizza oven
is a timeless conversation piece and a great backyard focal point.  Besides, who doesn’t want the ability to cook
pizzas in three minutes?  Typically, a
pizza oven is built along with an outdoor kitchen, bar area and/or seating
areas.

The ability to use their outdoor living area all year long
is the main reason to install outdoor cooling and/or outdoor heating
systems.  An outdoor cooling system can
be as simple as ceiling fans or a misting system, or as extensive as a
dedicated air conditioning system.  A
mini-split system is typically a great choice, since they are typically small,
highly efficient, and can offer heating as well.  A free standing gas or propane patio heater
is also a popular choice.

A bathroom in the backyard is another great addition to help
ensure the homeowner doesn’t have to leave their backyard.  Whether it’s free standing or built off a
patio cover or the house, it is one of the main conveniences that a homeowner will
need to create the ultimate outdoor living area.  Although usually a half bath, consisting of a
sink and toilet, an exterior rinse-off shower is a great addition for backyards
with a pool.

Previously, a pergola, shade arbor or trellis was used as a
small shade structure or backyard accent.
Many times, they can be the primary outdoor living area.  Whether they are attached to another
structure, such as the house, or freestanding, there are endless options and
designs for this type of cover.
Different wood species such as treated yellow pine, western red cedar,
or cypress can help achieve different looks along with painting or
staining.  Another component that has
increased pergolas’ popularity is the use of polycarbonate roofing sheets to
create a fully roofed shade arbor.
Polycarbonate roofing is available in a variety of thicknesses and
colors, one of which is bronze, which is similar to a tinted window and
provides some UV protection as well.  Due
to its low profile and the ability to use on a low-slope application, it’s the
perfect combination with a pergola.

Being outside reminds us of simpler days, campfires,
barbecues and family.  Without the walls
that typically confine an interior living area, your client can entertain their
family, their co-workers, or their whole neighborhood without feeling
cramped.  They may even go home thinking
they’re a good cook, since we all know everything tastes better cooked
outside!  The one thing that is for sure
is that they will be the envy of the neighborhood with resort-style living in
their backyard!

After graduating from Texas A&M University, Sam Hickey spent seven years in
production and custom home building in Houston, Texas.  After holding positions from construction
superintendent to project management to division manager, Hickey decided to
start Creekstone Outdoors, a full-service residential general contracting firm
specializing in outdoor living environments.

Woman had been ordered to move or raze homes after Hurricane Rita reshaped shoreline

By Chuck Lindell AMERICAN-STATESMAN STAFF

Blunting state enforcement of the Open Beaches Act, a 51-year-old law meant to preserve public access to the shoreline, the Texas Supreme Court ruled Friday that state officials cannot seize private property that suddenly moves onto public beaches because of erosion from hurricanes or storms.

The 6-2 ruling means state officials can no longer automatically order landowners to raze or move homes that encroach on Gulf of Mexico beaches after a major storm reshapes the shoreline.

The case began in 2005 when a Galveston property owner was ordered to move or raze several homes after Hurricane Rita struck.

Justice Dale Wainwright, author of the opinion, said the court sought to balance public and private property rights.

“On one hand, the public has an important interest in the enjoyment of Texas’ public beaches. But on the other hand, the right to exclude others from (their) property is among the most valuable and fundamental of rights possessed by private property owners,” Wainwright wrote.

But a dissenting opinion by Justice David Medina, joined by Justice Debra Lehrmann, said the court “jeopardizes the public’s right to free and open beaches” by giving greater deference to private property owners.

“I would instead follow the constitution and the long-standing public policy of this state and hold that the beaches of Texas are, and forever will be, open to the public,” Medina wrote.

The issue revolves around the dividing line between public and private beachfront.

Public land, owned by the state, runs from the high tide mark to the water and is known as the “wet beach.” Friday’s ruling did not change this concept.

The “dry beach,” from the high tide mark to the vegetation line, may be privately owned. But under the Open Beaches Act, the dry beach also is typically subject to an easement that keeps it open to public access.

The present controversy began with a lawsuit by Carol Severance, who bought several beachfront homes on Galveston Island’s West Beach in 2005. Five months later, Hurricane Rita pummeled Severance’s properties, moving the vegetation line behind the houses.

State officials ordered Severance to move or raze the homes, saying they were in the public easement and interfered with public use of the dry beach. Severance sued, claiming the action was an unreasonable seizure and improper taking of her property.

In its ruling, the Supreme Court said the public easement can subtly shift to follow natural patterns of erosion — but it cannot jump to encompass previously private property based on sudden, storm-wrought changes.

“It says the state can’t expand public beaches just because a storm blows away the beach grass,” said Dave Breemer, a lawyer with the Pacific Legal Foundation, which supports limited government and wields lawsuits to enforce property rights. The organization sued on Severance’s behalf.

“It changes really the entire dynamic about how you enforce and recognize and define public beaches,” Breemer said.

State officials declined to comment Friday, saying they needed to study the effect of the ruling. But Lynn Blais, a University of Texas law professor who specializes in property law, said that although the ruling will hamper state efforts to keep beaches open, officials have other options at their disposal. Nuisance laws, for example, can keep homes out of public beach areas, she said.

“It is not right to assume that elected officials are going to roll over and allow private landowners to stop citizens from using the beaches. There’s too much history of public access,” said Blais, who submitted a court brief opposing Severance’s claims for the Galveston Chamber of Commerce.

Chief Justice Wallace Jefferson did not participate in the decision.

GALVESTON (Galveston County Daily News) – After increasing rates by 24.7 percent last October, State Farm has added 11.8 percent to the price of a policy for Galveston homeowners.
A policy formerly costing Galveston residents $2,292 now costs $3,196, up 39.4 percent since this time last year.
The increase took effect June 1 for existing customers while new customers have been paying the rate since May 1.
State Farm’s new rate resulted in an average statewide increase of 4.5 percent. Galveston’s increase is the highest in the state, with Brownsville, Brownwood, Fort Worth, Orange and Port Lavaca following close behind.
Kevin Davis of State Farm said most customers pay less than the stated rates because of discounts and “in fact, the net effect of our October rate change was a decrease or no change for more than 300,000 of our 1.2 million customers.”

>From 2003 to 2008, State Farm had no changes to its policy base rates.

GALVESTON (Galveston County Daily News) – Construction on two homes for couples displaced by Hurricane Ike could begin next week, marking the first federally funded homes to be built by the Galveston County Disaster Housing Assistance Program.

 A couple in San Leon and another in Hitchcock will each receive a prefabricated home built by League City-based American Homestar’s Oak Creek Homes division.

 American Homestar is one of five contractors that Galveston County hired to build new homes for residents who lost theirs in the hurricane.

 The city of Galveston is managing a separate program with its own allocation of federal community development block grant funds to rebuild and repair storm-damaged houses.

GALVESTON (Galveston County Daily News) – City council members yesterday released $25 million in federal disaster recover funding to begin the plan to rebuild 569 units of hurricane-damaged public housing.
The Galveston Housing Authority will use the money not only to rebuild the units, but also to leverage support for federal Hope VI grants to revitalize entire neighborhoods on the island.
The housing authority must rebuild 569 rental units of public housing, not homeownership units, according to an agreement with advocacy group Lone Star Legal Aid.
The first round of federal funding must be spent by September 2011, two years after the council approved the plan for spending the money.
Council members also approved conceptual plans for rebuilding three of the four public housing developments. These include Oleander Homes, Cedar Terrace and Magnolia Homes.
The housing authority will begin searching for architects for these developments as it draws up plans, which will then be sent to the planning commission to make a recommendation to the council for final approval.

GALVESTON (Galveston County Daily News) – The city council has voted to spend $104 million of its $160 million federal Community Development Block Grant disaster recovery funds on its homeowners, awarding Massachusetts-based Camp, Dresser and McKee the management duties for the program.

The funds will be used to repair or rebuild an estimated 1,180 owner-occupied homes. A $7 million piece of the grant will be spent on repairing 280 rental properties.

Anyone can apply for repair assistance, but the city will give priority to residents who qualify as low- to moderate-income citizens.

Camp, Dresser and McKee will begin screening applications immediately, but construction is slated for spring. Under federal guidelines, all work will be completed within two years.

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