Landowner Alert System: Case Illustrates Rule When Protesting Property Taxes, Citizens Fight Comal County Quarry, Pipeline Through TX Hill Country

Case Illustrates Important Rule When Protesting Property Taxes
In March of this year, the First Court of Appeals in Houston issued an opinion in Grimes County Appraisal v. Harvey, which is a good illustration of an important legal requirement for persons protesting actions of an appraisal district related to property taxes. This case is an important reminder to be aware of and follow any deadlines related to property taxes. The consequences from failing to satisfy these types of deadlines can be a significant increase in taxes or, as we saw here, the loss of the right to protest or appeal a determination the landowner may not agree with. Read more

Citizens Continue to Fight Comal County Quarry, Push for Statewide Reforms
In the fall of 2018, hundreds of citizens and groups in Comal County continued the fight against Vulcan Construction Materials' proposed 1500-acre limestone quarry, located over the Edwards Aquifer between New Braunfels and Bulverde - just north-east of San Antonio. These individuals and organizations, actively opposing the air quality permit application by Vulcan, obtained a contested case hearing from the State Office of Administrative Hearings (SOAH). At the preliminary hearing on March 6, 2019, Vulcan and TCEQ attempted to arbitrarily limit the number of affected parties to those within a one-mile radius of the proposed rock crusher - including fewer than ten property owners. However, the administrative law judge presiding over the hearing, Rebecca Smith, sided with area residents and allowed those that testified who live within a five-mile radius to be listed as affected parties. Read more

The Public Should Have a Say Before Anyone Cuts a Pipeline Through the Texas Hill Country
Any construction project that disturbs five acres or more of land in the Edwards Aquifer region requires coordination and permitting from the Texas Commission on Environmental Quality (TCEQ) to protect our groundwater and karst features - except oil and gas projects, including pipelines. This is because of one section in the Texas Water Code that places jurisdiction over oil and gas activity under the Texas Railroad Commission instead of TCEQ. When these protections for the Edwards Aquifer were established in the 1990s, no one anticipated they'd need to apply to oil and gas. But today, Kinder Morgan hopes to build a 42-inch pipeline across the Hill Country and the Edwards Aquifer, and those of us in the pathway are personally experiencing the state's lack of oversight. Read more

Want More B&G News?
To read more blogs and news updates, visit our News & Events page. If you'd like to invite Braun & Gresham to speak at an event, please contact us.

September 6, 2019