Bulverde couple under siege by government land grab for developer
“The battle between a big developer and private property rights continues to rage on in Bulverde, Texas. With a grand bait and switch, the government has expanded its tactics from using the Texas Commission on Environmental Quality (or TCEQ’s) ‘waters of the state’ argument to now invoking Municipal Utility District (or MUD) authority to use eminent domain to seize the land instead. Initially, the developer sought only a wastewater permit to discharge treated sewage onto its neighbor’s land, but now they’re seeking a storm water easement using eminent domain through a little known MUD.
Why? Because the Lux family had the audacity to fight back and the developer wants the land now. Eminent domain is the means to get it fast, and landowners are generally helpless to stop the confiscation of land once they receive notice that the government will seize it through eminent domain.
This new bullying tactic started on March 18. Attorney Paul Barkhurst, representing the Johnson Ranch Municipal Utility District, notified Terrell and Pat Graham that they needed access to the Lux family property to conduct a survey in order to determine the value of the land for a storm water easement using eminent domain. It remains to be seen whether a MUD has authority over storm water. It usually involves drinking water and sewage only.”
Hall, Terri. My San Antonio 12 May 2014.