Friday, May 21, 2010

Coupland Civic Organization discusses pros and cons of incorporation

The Coupland Civic Organization (CCO) will hold its monthly meeting on Monday, May 24, at 7 p.m. in the Fellowship Hall of St. Peter’s Church of Coupland. Come at 6:30 p.m. for refreshments and visiting. The program will be the third in a series of community discussions about the expansion of surrounding cities toward Coupland. There will be a panel discussion on the pros and cons of “Incorporation—Is it right for Coupland?”

The CCO thanks Pflugerville Planning Director Autumn Speer, who spoke at our April meeting about Pflugerville’s growth. Attendees also enjoyed hearing from Loretta Patschke, of Patschke & Patschke Real Estate and a Coupland resident, who discussed new projects and events in Taylor.

Also thanks to Taylor Mayor Pro Tem Ella Jez and Taylor City Manager Jim Dunaway for speaking at the CCO's March meeting.

Sunday, May 9, 2010

TTC-35 FEIS--Is 'No Action' good enough? Should it be totally withdrawn?

Happy Mother’s Day!

TxDOT has released the Final Environmental Impact Statement (FEIS) on the Trans-Texas Corridor that was proposed to parallel IH-35 (TTC-35). Those who commented during this environmental process have received a card from TxDOT announcing that they can view the FEIS at The FEIS also is in public libraries in the Corridor area and TxDOT district and area offices. TxDOT will provide CD and paper copies of the FEIS to the public for the cost of reproduction and shipping. The deadline for commenting on the FEIS is May 26.

In addition to viewing the text of the FEIS, you also can see previous comments from the public, organizations, and officials in the appendices.

This FEIS has recommended the “No Action Alternative,” which means, according to TxDOT, “the TTC-35 project would end.” The Eastern Central Texas Sub-Regional Planning Commission is concerned that this situation would result in this FEIS being left on the table, where it could possibly be resurrected in the future. The Commission has petitioned the Federal Highway Administration to completely withdraw and discard the FEIS.

Sunday, May 2, 2010

Water pipeline lawsuit dismissed--problem of eminent domain by non-profits fronting for profiteering remains

In November, 2009, we covered the new water pipeline of Cross County Water Supply Corp., which will bring water from Burleson County to the Manor area. The 52-mile pipeline was the subject of an American-Statesman article:

As we previously reported, Cross County is set up as a non-profit. However, behind Cross County are for-profit entities who hope to profit handsomely from selling water for development in the SH 130 area. Quoting the Statesman, “Cross County counts as its customer Blue Water Systems, run by Austin real estate investor Ross Cummings, which has developed wells in Burleson County, said Pat Reilly, a director of Cross County. Blue Water, in turn, has a deal to sell water to publicly traded Southwest Water Co., Reilly said.”

Burleson County landowners Terry and Linda Ausley would not give permission for Cross County to survey their land, Cross County sued them, and they counter-sued, saying that Cross County “was formed . . . as a Texas nonprofit corporation for the sole purpose of fraudulently providing a mechanism for obtaining easements below market rate via threat of condemnation for purposes of securing a pipeline location . . .”

Since the suits were filed, Cross County did not cross the Ausleys’ land, but went around it.

Ausleys’ lawsuit dismissed

Thanks to Madeleine Hensley for letting us know that the Ausleys’ case was dismissed and getting a copy of the opinion.

On April 16, Federal Judge Sam Sparks dismissed the Ausleys’ lawsuit. The case had been transferred to Federal Court because the Ausleys had alleged a violation of the federal Racketeer Influenced and Corrupt Organizations Act (RICO). Because Sparks found no RICO violation, he dismissed the case. Further, while not actually ruling on the matter, Sparks’ opinion recognized that Cross County DID have condemnation authority.

This brings us to the underlying problem in this situation: a for-profit water corporation can set up a non-profit corporation to condemn land and sell bonds for a water pipeline from which the principals will profit greatly.

This is a state law problem. The Legislature needs to change state law so that for-profit corporations cannot set up non-profit corporations as fronts to profit off of the water resources of the state. Water supplies, or lack thereof, are becoming a bigger and bigger issue. Some officials and legislators are already saying that the state needs to revamp its water policy, given the finite supply of groundwater and the increasing demands on it.

One of the major reforms that is needed is some way to keep rapacious water profiteers from stripping a region’s water resources and using eminent domain against property owners. This is an eminent domain abuse that the Legislature needs to put a stop to.