By Paige Lambert
Buying or selling a property can be a headache. It’s a rarity people enter the market without multiple consultations with realtors and hours spent on research. However, one factor is rarely considered: having a historical marker on the property.
In Kyle, 204 S. Sledge St. is a great example of that factor.
In the 1800s, the International & Great Northern Railroad planned to construct a station between Austin and San Marcos. They accepted an offer from the families of D.R. Moore and Captain Ferguson Kyle, the town’s namesake.
The 200 acres, except for a depot site and track right-of-way, was deeded to the Texas Land Company for development of a town. On Oct. 4, 1880, hundreds of people gathered under a massive Live Oak for the auction of that land.
In 1975, the Kyle Auction Oak became a Texas Historical Marker site, forever designating it as a landmark in Kyle’s history.
Since then the tree has been rooted in private property. One would think when a homeowner buys the property, they have to abide by certain regulations and maintain the tree.
David Aston, of Colonial Real Estate in Buda, said the strapping jurisdictions that come with a historical marker could greatly affect the property’s market status.
However, depending on the type of marker, the owner isn’t obliged to do anything.
The Texas Historical Commission issues two types of markers, subject markers and recorded Texas historical landmark (RTHL) markers.
A RTHL is issued when a structure is historically significant, such as a building, bridge or house. The owner then is required to notify and seek approval of any exterior modifications.
Subject markers, like the Kyle Auction Oak, commemorate an individual or event, usually for the educational benefit of the public, Bob Brinkman, coordinator of the historical markers program, said.
Brinkman said the commission doesn’t put any regulations on subject markers because there is no permanent structure to hold that place.
“We don’t know what will happen in five-10 years, since there is nothing to tie it down,” Brinkman said. “It might become a commercial parking lot in the future.”
The owner can choose to maintain the tree, but all the care and maintenance is left to the historical commission in each county, Brinkman said.
That requirement was carried out when Delbert Bassett, Hays County Historical Commission chair of ecology, saw a crack running down the middle of its trunk.
In mid-July, the county commission contracted an arborist from San Marcos to cut 7,000 pounds of limbs off the tree and install cables between the limbs.
Aston said the state of the tree has probably played a large part in the price changes of the property.
The .91-acre plot was originally listed in January at $339,000. It’s now at $269,900.
“The homeowner was probably banking on the historical significance of the tree, but now the uncertainness of the tree could rule out potential buyers,” Aston said. “Now it’s in a good price range for the downtown area.”
While the price might have started high for the neighborhood, Aston said, there is some intrinsic value to the property.
Aston bought his home on Sledge Street six months ago, right before the auction oak property was listed. If it had been listed earlier, he would’ve tried to buy it, he said.
“I love driving up and seeing the beautiful oak and the architecture of the house behind it,” Aston said.
Even though he just gets to enjoy the tree driving from his garage and back, Aston said it adds value to his own home and neighborhood.
“If I ever tried to sell this place, I would definitely mention the tree, if it’s still there,” Aston said. “The tree is beautiful and stunning. Someone will buy because of the tree.”
There is no clear way of pinpointing how a historical marker affects a property, but it will mainly depend on the buyer who drives by the massive oak, according to Carol Whisenant, of On Centre Real Estate in Kyle.
“Just like beauty, value is in the eye of the beholder,” Whisenant said.
