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Central Texas MUD Abuse of Power - Eminentt Domain
Austin American Statesman ^ | 11-9-03 | Sarah Coppola

Posted on 11/09/2003 7:12:35 PM PST by TXBubba

Neighborhood protests proposed water treatment plant Brushy Creek facility would take 24 acres of longtime resident's property

By Sarah Coppola

AMERICAN-STATESMAN STAFF

Sunday, November 9, 2003

ROUND ROCK -- Dan McFall's 95-year-old grandfather, Garland Walsh, has lived on the same parcel of land since 1938. Walsh loves its open spaces, occupied by big oak trees, cattle and a clan of wild turkeys.

So his grandfather was stunned, McFall said, when utility district officials told him a year ago that they planned to build a water treatment facility on the land.

"He's been living out his remaining years there," McFall said. "He had no intentions of selling any of the land."

Nearby residents aren't happy about the idea, either. On Saturday about 150 of them gathered to protest the plant proposal.

Bundled in coats and hats, the protesters walked a half-mile down Great Oaks Drive to the proposed site carrying signs. "Leave Great Oaks Alone," one sign said.

The $27 million plant would be built on 24 of the 166 acres Walsh owns, near the corner of Sam Bass Road and Great Oaks Drive.

The Brushy Creek Municipal Utility District has the authority to condemn, or take control of, the land. General Manager Mike Taylor said the district would pay Walsh fair market value for the property once it is appraised. The Walsh family may fight the condemnation in court.

Taylor said the 22-foot-tall facility will emit no foul odors or noise because its pump stations will be underground or inside buildings. It will be surrounded by fences and landscaping to make it unobtrusive, he said. "We think the plant will hardly be noticeable," Taylor said.

Residents say the plant would lower property values, ruin the area's aesthetics and chase away wildlife. The plan includes rerouting part of Great Oaks Drive and creating a four-way intersection; residents worry that it would create a safety problem. They are also concerned that the plant would attract other industrial or commercial buildings to the area.

"Realtors are already telling people their property is worth less," resident John Stobaugh said.

Taylor said the plant must be finished before October 2006, when a water purchase contract with Round Rock expires. The plant would treat about 6 million gallons a day and serve 4,500 homes, he said.

Taylor said the Great Oaks site is ideal and cost-effective because it is midway between the district's northern and southern borders. Utlility district officials considered eight other sites but ruled them out for cost and logistical reasons, he said. Residents want the plant built closer to Lake Georgetown, away from existing subdivisions.

"We don't want to have to drive by it or look at it," said Deidra Tyler, who owns a home behind Walsh. "There are other, better places they could put it without having to take away his land."

The plan also includes running a pipeline along 3,000 feet of Great Oaks Drive and nearby roads to pump the water. Fourteen homeowners would lose 20 feet of property each for the pipeline. The homeowners would be paid for that land.

The utility district has asked county commissioners to approve a permit that would allow them to bury the pipeline under Great Oaks Drive instead of beside it. That would help preserve trees and property along the road. Commissioners have not acted on the request.

scoppola@statesman.com; 246-0043


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events; Politics/Elections; US: Texas
KEYWORDS: austin; brushycreek; imminentdomain; mud; propertyrights; roundrock; texas; williamsoncounty
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What the article doesn't say:

They are condemning the farm and about 10 other houses to install this water treatment plant. No monetary offers have been made to the owner by the MUD. The article slants the story to make the protesters appear to be a bunch of "not in my backyard" types. The issue they are protesting is the imminent domain abuse. There are at least four other properties that would be suitable for the treatment plant.

If anyone can provide media contacts of those willing to support the cause it would be appreciated.

I will post more information as it becomes available for public consumption.

There is a lot more to this story about the overall corruption of the Brushy Creek MUD yet to become public.

1 posted on 11/09/2003 7:12:36 PM PST by TXBubba
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To: TheSarce; basil; austingirl; DrewsDad; Gracey; tarawa; hocndoc; CindyDawg; PatriotBill; ...
Ping...Please ping others who might be able to help. Thanks.
2 posted on 11/09/2003 7:14:09 PM PST by TXBubba
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To: TXBubba
These guys might be interested:

Institute for Justice

3 posted on 11/09/2003 7:20:07 PM PST by AdamSelene235 (I always shoot for the moon......sometimes I hit London.- Von Braun)
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To: TXBubba
I hate this stuff. The MUD should find someone who *wants* to sell.

I don't know anyone to help, I'm sorry.

Let me know if you need a body at a protest, though.
4 posted on 11/09/2003 7:21:26 PM PST by hocndoc (Choice is the # 1 killer in the US)
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To: AdamSelene235
Thank you. That looks like a good lead.
5 posted on 11/09/2003 7:22:32 PM PST by TXBubba
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To: farmfriend
ping
6 posted on 11/09/2003 7:25:12 PM PST by Libertarianize the GOP (Ideas have consequences)
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To: hocndoc
Thanks. We may take you up on the offer. There was a picture in the Statesman also...they had 150 residents show up to march in protest. We thought that was a pretty good start. Hubby talked to the "grandson" tonight. We will be putting up signs in the area this week.
7 posted on 11/09/2003 7:27:31 PM PST by TXBubba
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To: TXBubba
Special entities invented to levy taxes are a plague. They and the school districts of Texas should be eliminated. Privatize? Hell, sell all the assets & watch real progess for us all. Fire the government. My Gr-gr-grandparents & their grandparents fired the mexican joke in 1836, the Brits in '76 & they tried to enforce common sense in the War Between the States. A little civil disobediance scares petty bureaucrats.
8 posted on 11/09/2003 7:29:47 PM PST by GatekeeperBookman ("Oh waiter! Please,I'll have the Tancredo '04. Jorge Arbusto tasted just like a dirty Fox")
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To: TXBubba
First of all, that would be eminent domain, not imminent.
Secondly, I have been universally against all eminent domain issues on FR thus far, since I have seen and lived with abuses most of my working life.

This seems to be an exception, where the use truly is in the public interest and exactly why the concept exists at all.

It sounds suspiciously like the NIMBY crowd in action, where they themselves are the recipients of the benefits of the plant.

I will reserve judgement and say no more until more details are known.

9 posted on 11/09/2003 7:32:57 PM PST by Publius6961 (40% of Californians are as dumb as a sack of rocks.)
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To: TXBubba
Sorry to hear that. It feels like you are fighting a giant, doesn't it? We have a treatment plant right in the middle of our subdivision. We were annexed kicking and screaming. The city bought a lot for suppossedly more than it was worth. Our land taxes then went up. I was told it was due to an adjustment on what the highest lot that year sold for. Fishy smelling, huh? We fought, but lost. We did win against the new county jail they wanted to build in front of the subdivision though.
10 posted on 11/09/2003 7:41:15 PM PST by CindyDawg
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To: Publius6961
The story doesn't mention that many of the protesters will be losing their homes. Read his update.
11 posted on 11/09/2003 7:42:59 PM PST by GeronL (Visit www.geocities.com/geronl)
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To: Publius6961
Thanks for the correction on the spelling. My whole point of the post was to dispel the NIMBY crowd concept. Sure, some do not want a water treatment plant next door, but that is a much smaller numnber than 150 people. The MUD is not even bothering to negotiate with the citizens who own the properties involved. This particular MUD is controlled by one developer who has profited considerably by passing bonds through the MUD to finance his developments. Now the rest of us will have our taxes raised to pay for their poor management. If the MUD was run well, they would be purchasing low cost excess water capacity offered from the city next door, Round Rock.
12 posted on 11/09/2003 7:48:47 PM PST by TXBubba
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To: Admin Moderator
Is there any way to correct the spelling of this thread? I understand it should read "Eminent" and not what I have typed. Thanks.
13 posted on 11/09/2003 7:53:03 PM PST by TXBubba
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To: CindyDawg
We already have a sewage treatment plant in that area so the water treatment plant itself isn't a big deal.

BTW the sewage treatment plant keeps "accidently" dumping into the local creek and has contaminated the wells the MUD owns. Now that is something I wouldn't want in my back yard. I wouldn't want the local jail under the control of these guys either.

14 posted on 11/09/2003 7:58:07 PM PST by TXBubba
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To: Publius6961
Texas has a really stupid way of allowing special taxing districts to be created.

One developer, in my memory, planned a big subdivision and paid a college student to live on the land in a trailer. This person was the ONLY voter in this 'special taxing district' and was paid and instructed how to vote by the developer holding the 'election'.

Years later this guy, company-whatever, TAXES those who bought the homes to provide the 'services' he had promised would come with their purchase.

This was apparently all legal.

15 posted on 11/09/2003 7:59:39 PM PST by GeronL (Visit www.geocities.com/geronl)
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To: TXBubba
EPA? Any endangered species in that area? :')
16 posted on 11/09/2003 7:59:46 PM PST by CindyDawg
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To: TXBubba
do you remember the specifics of the case I cited in the above post?
17 posted on 11/09/2003 8:00:18 PM PST by GeronL (Visit www.geocities.com/geronl)
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To: GeronL
Very similar scenario here. This time they parked two mobil homes on the property and refunded $24 MILLION dollars to the developer. Now we have to pay the taxes to pay off those bonds.
18 posted on 11/09/2003 8:01:19 PM PST by TXBubba
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To: GeronL
make that mobile homes.
19 posted on 11/09/2003 8:02:03 PM PST by TXBubba
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To: GeronL
No. Just heard about your case on this thread.
20 posted on 11/09/2003 8:03:37 PM PST by TXBubba
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