The lawsuit raises a $100 million question about who owns land that was raised from the...
A gull swoops past as a people relax under a rented beach umbrella earlier this month at Babe’s Beach in Galveston. The Galveston Park board of trustees has filed a lawsuit over ownership of the beach.GALVESTON — The Galveston Park board of trustees has filed a lawsuit that leaders say is needed to protect a public investment of about $75 million that went into building Babe’s Beach and to ensure planned reconstructions projects worth about another $50 million or so aren’t derailed.
The petition asserts owners Ted O’Rourke and Gulf Properties, as well as vendors Frank Maceo and Jason Worthen, a park board trustee, are preventing the park board from accessing public lands and of operating concessions on a public beach. A 20-year surface lease signed with the Texas General Land Office in 2015 gives the park board permission to conduct certain business on state-owned property along the seawall from 61st Street to the western end of the seawall.Recently, however, owners of land that had been submerged began claiming ownership of slices of beach and have started entering agreements with companies that rent umbrellas and chairs, without the typically required permit from the park board.
Instead, the park board worries the claims of private ownership threaten the board’s ability to gather public money to rebuild beaches, she said. “I’m a little upset that the park board had gone out and leased land that is privately owned,” Maceo said.One such piece of beach near 89th Street is listed in the Galveston Central Appraisal District as owned by Ted O’Rourke, trustee for Galveston’s wharves board.“I’m leaving it to my grandchildren, and that’s going to be their inheritance from me,” O’Rourke said.
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