In a renewed effort to prevent injustices throughout Texas, R L Wilson, P.C. Law Firm has undertaken the representation of Randy Palmer -- Athletic Director and Head Football Coach for the Poteet ISD. Coach Palmer is a man of stellar character, humility and impeccable credentials. He is a Pleasanton native who rose to the ranks of the NFL, and decided to return to South Central Texas to give back to his community. Unfortunately, South Texas School Board politics has consumed Coach Palmer's job, and he is fighting for his position at Poteet.
Attorney Bob Schaezler of R L Wilson, P.C. Law Firm has been Coach Palmer's public face during this trying ordeal. The media storm has been overwhelming, and Bob has appeared on KENS 5 TV, and on KTSA's Trey Ware radio show.
Watch the Video here.
By Zeke MacCormack - Express-News
POTEET — The school board’s latest spin of its revolving door for athletic directors unleashed a flood of tears and questions — and a walkout by angry students the morning after.
Trustees voted to not extend the contract of first-year athletic director Randy Palmer despite testimonials and demonstrations of support from many in a crowd of about 200 at Monday’s board meeting.
The vote means a fifth new coach in five years will lead the Aggie football squad. Under Palmer, the team went to the playoffs with a 6-5 season — which included beating archrival Pleasanton for the first time in at least 40 years, according to Express-News archives.
Trustee Dicki Lee Sparks, who backed Palmer, said many in the emotional crowd surrounded the board after the vote and wouldn’t disband for an hour.
“We had 15- and 16-year-old boys bawling and demanding to know why, asking ... ‘Why, why are you doing this to us?’” Sparks said. “They wanted answers.”
About 100 students left the Poteet High School campus in protest starting at midmorning Tuesday, Principal Andy Castillo said.
The students will be counted as absent, but whether the absence is excused will vary because “we evidently have some parents who were aware of where their kids were,” he said.
Two other coaches who are already with the district and have family links to trustees voting to oust Palmer have been mentioned as likely successors.
The high turnover among athletic directors is unhealthy for students, parent Irma Estrada told trustees.
“It’s not too late to do the right thing here and do what’s best for our kids, and that is to keep Coach Palmer,” she said.
Morgan Wagner, a senior on the Aggies offensive line, told trustees that Palmer was “liked and beloved” by most students.
But the board’s resolve against Palmer was even stronger than on Feb. 23, when trustees voted 4-3 to recommend termination of his contract, despite support for extending his $57,000-a-year contract by interim Superintendent Tim Coyle.
Trustees didn’t cite any specifics Monday before voting 5-2 for a motion that said terminating Palmer was “in the best interest” of the district.
“I still don’t understand why, what the reasoning is,” Palmer, 33, said early Tuesday. “There was a lot of people in support of me, and there were a select few against me.”
Trustee Barbara Reyes, who changed her stance to favor dismissing Palmer, could not be reached for comment.
School board President Mike McIntyre denied Palmer was dismissed so that a relative of a trustee could get the job, and he said Palmer will soon receive written notification of the basis for the board’s action.
“Once that happens, if he wants to disclose it, he can do it,” McIntyre said. “There are legitimate concerns, and if people were more aware of them there wouldn’t be such a big deal, but that’s sort of the nature of the beast. We’re given access to information that not everybody else gets to see.”
He said he respects the students’ right to express their displeasure but said of the walkout that the weeks before the Texas Assessment of Knowledge and Skills testing “is not the time to have this kind of distraction.”
Sparks said she waited to hear a valid reason for firing Palmer but that none was provided.
Fellow trustees cited “piddly little things, but nothing to me that would warrant someone losing their job,” Sparks said.
Superintendent Coyle said Palmer had no blemishes on his record.
“I can’t believe we couldn’t come to some kind of different solution,” Coyle said Tuesday, calling the mood on campus “disappointed and frustrated.”
Attorney Trey Wilson - RL Wilson Law
11 March 2009
R L Wilson, P.C. Law Firm Now Accepts Credit Cards and Paypal
As part of the re-vamp and update of our flagship website R L Wilson, P.C. Law Firm now accepts credit card and Paypal payments online, over the phone, or as an added payment option for monthly invoices. The service is made available through a merchant account procured from the San Antonio Bar Association.
Our law firm merchant account is compliant with ABA and State Bar guidelines for credit acceptance. Unlike a standard merchant account, the Law Firm Merchant Account is designed specifically for the client-attorney transaction, and safeguards and separates client funds.
We hope that this new feature provides convenience to our existing and prospective clients, reduces our costs associated with billing and collections, and encourages prompt payment promptly by providing additional payment options.
Of course, we will continue to accept checks.
Our law firm merchant account is compliant with ABA and State Bar guidelines for credit acceptance. Unlike a standard merchant account, the Law Firm Merchant Account is designed specifically for the client-attorney transaction, and safeguards and separates client funds.
We hope that this new feature provides convenience to our existing and prospective clients, reduces our costs associated with billing and collections, and encourages prompt payment promptly by providing additional payment options.
Of course, we will continue to accept checks.
08 March 2009
Rio Grande Valley Water Case -- View TCEQ Consideration of Our Request for Emergency Order
On November 5, 2008, San Antonio Attorney Trey Wilson presented a request for Emergency Order to the Commissioners of the Texas Commission on Environmental Quality. The requested Order was intended to direct the East Rio Hondo Water Supply Corporation to restore water service to RL Wilson, P.C. Law Firm Clients Carl & Janel Parker and Carolina Ruiz. The Parkers and Mrs. Ruiz are elderly residents of Cameron County whose water service was terminated by East Rio Hondo Water when the residents refused to grant punitive easements requested by the utility.
On October 20, 2008 -- approximately 2 weeks prior to the TCEQ Agenda Meeting -- a staff attorney with the TCEQ issued a memorandum opining that the actions of East Rio Hondo Water were illegal. In the memorandum, the TCEQ staff attorney recommended that the TCEQ issue the Emergency Order requested by Trey Wilson. The final sentence of the Legal Recommendation of the staff memorandum was "The WSC has various avenues available to it, such as trying to work out an agreement with the customers or using its eminent domain powers, but terminating the customers' service is not one of them."
Undaunted, East Rio Hondo persisted in its illegal deprivation of water service to our clients. On November 5, 2008, the utility was called to task about its actions. The following Agenda item was considered at the TCEQ Commissioners' Agenda Meeting of November 5, 2008:
EMERGENCY ORDER
Item 73. TCEQ Docket No. 2008-1646-UCR. Consideration of a request by Carl & Janel Parker and Carolina Ruiz for an emergency order to require East Rio Hondo Water Supply Corporation to provide continuous and adequate water service pursuant to Section 13.041 of the Texas Water Code and Title 30, Section 291.14 of the Texas Administrative Code. East Rio Hondo Water Supply Corporation provides retail water service in Cameron County, Texas, under Certificate of Convenience and Necessity No. 11552. (Stefanie Skogen, Lisa Fuentes)
In the end, the TCEQ issued the Emergency Order, and our firm's clients' water was restored with State intervention. But East Rio Hondo didn't go down without a fight. The video of the fight is somewhat entertaining. To view a video of the TCEQ Commissioners' discussion of this item, Click HERE.
On October 20, 2008 -- approximately 2 weeks prior to the TCEQ Agenda Meeting -- a staff attorney with the TCEQ issued a memorandum opining that the actions of East Rio Hondo Water were illegal. In the memorandum, the TCEQ staff attorney recommended that the TCEQ issue the Emergency Order requested by Trey Wilson. The final sentence of the Legal Recommendation of the staff memorandum was "The WSC has various avenues available to it, such as trying to work out an agreement with the customers or using its eminent domain powers, but terminating the customers' service is not one of them."
Undaunted, East Rio Hondo persisted in its illegal deprivation of water service to our clients. On November 5, 2008, the utility was called to task about its actions. The following Agenda item was considered at the TCEQ Commissioners' Agenda Meeting of November 5, 2008:
EMERGENCY ORDER
Item 73. TCEQ Docket No. 2008-1646-UCR. Consideration of a request by Carl & Janel Parker and Carolina Ruiz for an emergency order to require East Rio Hondo Water Supply Corporation to provide continuous and adequate water service pursuant to Section 13.041 of the Texas Water Code and Title 30, Section 291.14 of the Texas Administrative Code. East Rio Hondo Water Supply Corporation provides retail water service in Cameron County, Texas, under Certificate of Convenience and Necessity No. 11552. (Stefanie Skogen, Lisa Fuentes)
In the end, the TCEQ issued the Emergency Order, and our firm's clients' water was restored with State intervention. But East Rio Hondo didn't go down without a fight. The video of the fight is somewhat entertaining. To view a video of the TCEQ Commissioners' discussion of this item, Click HERE.
TEXAS REP. SOLOMONS PLANS REFORM OF HOMEOWNERS’ ASSOCIATION LAWS
Press Release from Rep. Burt Solomons, R- Carrollton
Friday, February 27, 2009
AUSTIN -- State Rep. Burt Solomons (Carrollton) today announced plans for a sweeping reform of the state's homeowners’ association laws, including a constitutional amendment that would prohibit foreclosure of a homestead by a homeowners’ association. Solomons, a recognized real estate attorney in the North Texas area who served for fourteen years on the House committee with jurisdiction over homeowners’ associations, said the legislation is necessary. “It’s clear to me that while homeowners’ associations are valuable” said Solomons, “things have just gotten out of control with some of them. I think it’s amazing that in Texas the courts, not the legislature, have allowed homeowners’ associations to foreclose on a homestead.”
Solomons’ constitutional amendment, HJR 76, would give citizen of Texas the right to vote on whether to prohibit foreclosures by homeowners’ associations on homesteads, whereas HB 1976, filed today, proposes sweeping reforms to the operation of homeowners’ associations, including requirements to allow homeowners access to all homeowners’ association records, meetings, and to fair and transparent elections. Solomons’ proposed changes also give homeowners powerful tools to enforce the law. “Many homeowners’ associations have abdicated their responsibilities to management companies and attorneys who can not be held accountable and use penalties and attorneys’ fees to harass and intimidate homeowners who question the use of their association dues or the arbitrary enforcement of rules or bylaws,” stated Solomons. In response, he has proposed changes that will give homeowners greater access to the courts to battle homeowners’ associations by providing court and attorney fees to homeowners if the homeowners’ associations fail to comply with statutory requirements, as well as granting the courts the authority to assess fines against the associations.
The proposed legislative changes also address a myriad of issues which have negatively impacted homeowners, including priority of payment and prohibiting bans of solar panels. Homeowners are monetarily disadvantaged by prohibitions of solar panels, the use of which could dramatically lower the energy consumption and costs to homeowners. “At a time when the entire nation is focusing on renewable energy and the reduction of negative impacts on our air quality” said Solomons, “it is beyond me why we allow homeowners’ associations to ban the right of individuals to generate their own electricity in a reliable, environmentally-friendly method.”
The bill also addresses the priority of payment issue. While homeowners’ associations are currently prohibited from foreclosing on a home for failure to pay fines or attorneys’ fees, many associations will redirect a homeowners’ payment of association dues to pay for those outstanding fines or fees, which leaves their dues in arrears. Under the law now, failure to pay dues is the only reason for which an association may foreclose on a home; thus redirecting payments allows a homeowners’ association to foreclose on homeowners who have made good faith efforts to stay current with their obligations.
Solomons offered major reforms to homeowners’ association laws last session, but they died on the last day of session. “It is estimated that there are over 20,000 homeowners’ associations in Texas impacting citizen throughout the state,” said Solomons. “While some are conscientious about their fiduciary duties to their neighbors, others tend to operate like little fiefdoms. This is a strong property rights state and I believe we should ensure that homeowners’ associations can not intimidate and harass Texans out of their homes.”
Contact:
Bonnie Bruce, Legislative Director
Phone:(512)463-0487
Friday, February 27, 2009
AUSTIN -- State Rep. Burt Solomons (Carrollton) today announced plans for a sweeping reform of the state's homeowners’ association laws, including a constitutional amendment that would prohibit foreclosure of a homestead by a homeowners’ association. Solomons, a recognized real estate attorney in the North Texas area who served for fourteen years on the House committee with jurisdiction over homeowners’ associations, said the legislation is necessary. “It’s clear to me that while homeowners’ associations are valuable” said Solomons, “things have just gotten out of control with some of them. I think it’s amazing that in Texas the courts, not the legislature, have allowed homeowners’ associations to foreclose on a homestead.”
Solomons’ constitutional amendment, HJR 76, would give citizen of Texas the right to vote on whether to prohibit foreclosures by homeowners’ associations on homesteads, whereas HB 1976, filed today, proposes sweeping reforms to the operation of homeowners’ associations, including requirements to allow homeowners access to all homeowners’ association records, meetings, and to fair and transparent elections. Solomons’ proposed changes also give homeowners powerful tools to enforce the law. “Many homeowners’ associations have abdicated their responsibilities to management companies and attorneys who can not be held accountable and use penalties and attorneys’ fees to harass and intimidate homeowners who question the use of their association dues or the arbitrary enforcement of rules or bylaws,” stated Solomons. In response, he has proposed changes that will give homeowners greater access to the courts to battle homeowners’ associations by providing court and attorney fees to homeowners if the homeowners’ associations fail to comply with statutory requirements, as well as granting the courts the authority to assess fines against the associations.
The proposed legislative changes also address a myriad of issues which have negatively impacted homeowners, including priority of payment and prohibiting bans of solar panels. Homeowners are monetarily disadvantaged by prohibitions of solar panels, the use of which could dramatically lower the energy consumption and costs to homeowners. “At a time when the entire nation is focusing on renewable energy and the reduction of negative impacts on our air quality” said Solomons, “it is beyond me why we allow homeowners’ associations to ban the right of individuals to generate their own electricity in a reliable, environmentally-friendly method.”
The bill also addresses the priority of payment issue. While homeowners’ associations are currently prohibited from foreclosing on a home for failure to pay fines or attorneys’ fees, many associations will redirect a homeowners’ payment of association dues to pay for those outstanding fines or fees, which leaves their dues in arrears. Under the law now, failure to pay dues is the only reason for which an association may foreclose on a home; thus redirecting payments allows a homeowners’ association to foreclose on homeowners who have made good faith efforts to stay current with their obligations.
Solomons offered major reforms to homeowners’ association laws last session, but they died on the last day of session. “It is estimated that there are over 20,000 homeowners’ associations in Texas impacting citizen throughout the state,” said Solomons. “While some are conscientious about their fiduciary duties to their neighbors, others tend to operate like little fiefdoms. This is a strong property rights state and I believe we should ensure that homeowners’ associations can not intimidate and harass Texans out of their homes.”
Contact:
Bonnie Bruce, Legislative Director
Phone:(512)463-0487
07 March 2009
Wrongful Water Service Interruption Case Makes the Valley Media Again
Elderly residents to take Rio Hondo utility to trial
March 6, 2009 - 10:18 PM
By FERNANDO DEL VALLE/Valley Morning Star
RIO HONDO - Lawyers this week will take depositions from three elderly residents who claim the Rio Hondo Water Supply Corp. cut off water to their homes because they refused to grant an easement across their land for a water pipeline, an attorney said Friday.
Carl and Janel Parker and Carolina Ruiz plan to take the company to trial in state district court on May 13 for cutting off water to their homes on FM 510, Bob Schaezler, a San Antonio attorney who represents them, said.
Meanwhile, the water company has filed a request in state district court to condemn the customers' property. The company wants the land for a pipeline that is needed to provide water service to the growing area, said J.W. Dyer, a McAllen attorney who represents the company.
The customers claim the water company cut off their water because they refused to grant 20-foot easements for the pipeline, Schaezler said. "It's extortion," Schaezler said.
But Dyer said the company had the right to cut off water to Ruiz and the Parkers. The company said the water service was shut off because the customers failed to comply with an agreement that allows this action if an easement is refused, Dyer said.
The Texas Commission on Environmental Quality ordered the company to restore water service in the precedent-setting case, Andrea Morrow, a spokeswoman for the agency in Austin, said. "I have not heard of it before," Morrow said, referring to the company's action.
About 30 feet of land separates the customers' front doors from the proposed easement's edge, said family members who spoke for the customers. The water company refused the customers' officer of 10-foot easements, Schaezler said.
Ruiz's water was shut off for about three months last summer as the area recovered from Hurricane Dolly, said Patty Fajardo, Ruiz's granddaughter. Ruiz, who uses crutches to walk, hauled water from an irrigation canal to wash dishes, drank bottled water, and drove to her daughter's San Benito home to bathe, Fajardo said.
"She doesn't want (the water company) to have what she's worked for for so long," Fajardo said of her grandmother's refusal to grant the easement. "She worked out in the fields for years and years."
Dyer said Ruiz's home was damaged by Hurricane Dolly and she wasn't living there for months. But Fajardo said her grandmother remained in her home after the water was turned off. Dyer also said Ruiz wanted the company to pay her about $25,000 in exchange for an easement. But Fajardo denied her grandmother tried to sell the land.
Water to the Parkers' home was turned off from July 30 to 31 and Aug. 13 to 22, Linda Swartz, the couple's granddaughter, said. They used bottled water to drink and bathe, she said. The couple fears the company would cut some trees if they granted the easement, Swartz said.
But Dyer said the company would cut only one tree to install the pipeline.
TCEQ ordered the water company to restore water service to the customers.
In a Nov. 12 order, TCEQ said the company is prohibited by law from cutting off water if customers refused to grant it easements.
"I think (TCEQ) way overstepped their bounds," Dyer said of the agency's order.
March 6, 2009 - 10:18 PM
By FERNANDO DEL VALLE/Valley Morning Star
RIO HONDO - Lawyers this week will take depositions from three elderly residents who claim the Rio Hondo Water Supply Corp. cut off water to their homes because they refused to grant an easement across their land for a water pipeline, an attorney said Friday.
Carl and Janel Parker and Carolina Ruiz plan to take the company to trial in state district court on May 13 for cutting off water to their homes on FM 510, Bob Schaezler, a San Antonio attorney who represents them, said.
Meanwhile, the water company has filed a request in state district court to condemn the customers' property. The company wants the land for a pipeline that is needed to provide water service to the growing area, said J.W. Dyer, a McAllen attorney who represents the company.
The customers claim the water company cut off their water because they refused to grant 20-foot easements for the pipeline, Schaezler said. "It's extortion," Schaezler said.
But Dyer said the company had the right to cut off water to Ruiz and the Parkers. The company said the water service was shut off because the customers failed to comply with an agreement that allows this action if an easement is refused, Dyer said.
The Texas Commission on Environmental Quality ordered the company to restore water service in the precedent-setting case, Andrea Morrow, a spokeswoman for the agency in Austin, said. "I have not heard of it before," Morrow said, referring to the company's action.
About 30 feet of land separates the customers' front doors from the proposed easement's edge, said family members who spoke for the customers. The water company refused the customers' officer of 10-foot easements, Schaezler said.
Ruiz's water was shut off for about three months last summer as the area recovered from Hurricane Dolly, said Patty Fajardo, Ruiz's granddaughter. Ruiz, who uses crutches to walk, hauled water from an irrigation canal to wash dishes, drank bottled water, and drove to her daughter's San Benito home to bathe, Fajardo said.
"She doesn't want (the water company) to have what she's worked for for so long," Fajardo said of her grandmother's refusal to grant the easement. "She worked out in the fields for years and years."
Dyer said Ruiz's home was damaged by Hurricane Dolly and she wasn't living there for months. But Fajardo said her grandmother remained in her home after the water was turned off. Dyer also said Ruiz wanted the company to pay her about $25,000 in exchange for an easement. But Fajardo denied her grandmother tried to sell the land.
Water to the Parkers' home was turned off from July 30 to 31 and Aug. 13 to 22, Linda Swartz, the couple's granddaughter, said. They used bottled water to drink and bathe, she said. The couple fears the company would cut some trees if they granted the easement, Swartz said.
But Dyer said the company would cut only one tree to install the pipeline.
TCEQ ordered the water company to restore water service to the customers.
In a Nov. 12 order, TCEQ said the company is prohibited by law from cutting off water if customers refused to grant it easements.
"I think (TCEQ) way overstepped their bounds," Dyer said of the agency's order.
28 February 2009
Several Texans On List of America's 100 Largest Landowners
One of my favorite publications, The Land Report, recently published its list of the nation's largest landowners. The magazine calls its list "the most comprehensive list of the nation’s landowning elite." I could hardly disagree.
It was no surprise that Ted Turner topped the list. With total land holdings of more than 2,000,000 (yes two million) acres, Turner has amassed an impressive, dare I say awesome, catalogue of exquisite ranches, in Montana, Nebraska, South Dakota, Oklahoma, Kansas, New Mexico. His Ranch holdings include the Bar None (23,000 acres) and Flying D (119,000 acres) in Montana, Vermejo Park in New Mexico(600,000+ acres bought from Penzoil), The Snowcrest, and even a property in the Patagonia region of Argentina. Despite the divergence in our politics, I am in awe of the conservation, wildlife and stewardship efforts of Ted Turner. He has consistently granted conservation easments, engaged in extensive habitat restoration and even mass fence removal. He owns a 45,000 head herd of bison, and has re-introduced several wildlife species to properties. Turner is serious about wildlife preservation and restoration, and frequently puts is money where is heart is. For this we lovers of great, wide-open spaces are eternally grateful. But... Turner is no Texan, and all of the money in the world cannot change that.
Texans -- native and transplant alike -- are well-represented on the list. Leading the pack of Lone Star empressarios are the King Ranch heirs, with a combined total acreage of 851,642 acres. The King Ranch is among the many reasons I am proud to call Texas home, and its history, triumphs and tribulations have been well-chronicled. Coming in at Nos. 12 and 13, respectively, are the Lykes Bros. Heirs from Florida who own approximately 240,000 acres in west Texas, and Governor Dolph Briscoe whose holdings were estimated at 560,000 acres. Notably, Gov. Briscoe, on whose Gato Creek Ranch I have hunted, "declined to confirm published reports of the size of the Briscoe Ranch."
Number 14 on the list is "the nation's largest ranch under one fence" owned by the W.T. Waggoner Estate. This contiguous parcel of 520,000 acres (approximately 800 square miles) is located near Vernon, Texas in Wise County. It was founded in the mid-1800's and maintains the "Three D" brand.
Number 15 is another Texas household name -- O'Connor. The O’Connor family’s ties to cattle ranching in South Texas date back to the 1830s, when Thomas O’Connor arrived from Ireland. Today, the descendants of D.M. O’Connor share ownership of an estimated 500,000 acres of ranchland in and around Victoria County.
The 18th, 19th and 20th biggest landowners all maintain deep and storied Texas roots.
Number 18 are the East family descendants. Their San Antonio Viejo and Santa Fe Ranches were assembled by Alice Gertrudis Kleberg East after she cashed out her interest in the King Ranch. She was a member of the Kleberg family -- owners of the King Ranch.
No. 19 is Anette Marion, heir to the Four Sixes Ranch Comprised of one-third million acres, the ranch has a storied history that began with a poker game and a winning hand of four sixes—reputedly, but not so. The real history of the Four Sixes began with Samuel Burk Burnett, who became one of the most influential and prosperous cattlemen in Texas. Before the age of 20, he purchased from Frank Crowley in Denton County a herd of cattle wearing the 6666 brand. Burnett recorded the brand in 1875 in Wichita County, Texas, on the Kiowa-Comanche Reservation in 1881and in other counties in years following. The Four Sixes Ranch continues today as a forerunner in the cattle industry, and maintains a breeding herd of some 7,000 mother Angus cows. The ranch is also recognized for its exceptional horses. The brand used on the Sixes’ horses is the same one burned on the first horses Burk Burnett bought.
No. 20 is a San Antonio legacy -- La Escalera Ranch owned by Builder Gerald Lyda -- the builder of projects as great as Texas Memorial Stadium (now DKR) The Tower of the Americas, La Cantera, Fiesta Texas and the Alamodome. La Escalera Ranch (III Brand) is one of the largest cattle ranches in Texas consisting of more than 320,000 deeded acres in five counties (Pecos, Reeves, Brewster, Archer and Baylor).
Other notable Texas properties are ranked 23 (Jeff Bezos -- 290,000 acres), Jones heirs (255,000 acres), Frank Yturria Ranch, Hearst Ranch.
To see the complete Land Report 100, click here.
It was no surprise that Ted Turner topped the list. With total land holdings of more than 2,000,000 (yes two million) acres, Turner has amassed an impressive, dare I say awesome, catalogue of exquisite ranches, in Montana, Nebraska, South Dakota, Oklahoma, Kansas, New Mexico. His Ranch holdings include the Bar None (23,000 acres) and Flying D (119,000 acres) in Montana, Vermejo Park in New Mexico(600,000+ acres bought from Penzoil), The Snowcrest, and even a property in the Patagonia region of Argentina. Despite the divergence in our politics, I am in awe of the conservation, wildlife and stewardship efforts of Ted Turner. He has consistently granted conservation easments, engaged in extensive habitat restoration and even mass fence removal. He owns a 45,000 head herd of bison, and has re-introduced several wildlife species to properties. Turner is serious about wildlife preservation and restoration, and frequently puts is money where is heart is. For this we lovers of great, wide-open spaces are eternally grateful. But... Turner is no Texan, and all of the money in the world cannot change that.
Texans -- native and transplant alike -- are well-represented on the list. Leading the pack of Lone Star empressarios are the King Ranch heirs, with a combined total acreage of 851,642 acres. The King Ranch is among the many reasons I am proud to call Texas home, and its history, triumphs and tribulations have been well-chronicled. Coming in at Nos. 12 and 13, respectively, are the Lykes Bros. Heirs from Florida who own approximately 240,000 acres in west Texas, and Governor Dolph Briscoe whose holdings were estimated at 560,000 acres. Notably, Gov. Briscoe, on whose Gato Creek Ranch I have hunted, "declined to confirm published reports of the size of the Briscoe Ranch."
Number 14 on the list is "the nation's largest ranch under one fence" owned by the W.T. Waggoner Estate. This contiguous parcel of 520,000 acres (approximately 800 square miles) is located near Vernon, Texas in Wise County. It was founded in the mid-1800's and maintains the "Three D" brand.
Number 15 is another Texas household name -- O'Connor. The O’Connor family’s ties to cattle ranching in South Texas date back to the 1830s, when Thomas O’Connor arrived from Ireland. Today, the descendants of D.M. O’Connor share ownership of an estimated 500,000 acres of ranchland in and around Victoria County.
The 18th, 19th and 20th biggest landowners all maintain deep and storied Texas roots.
Number 18 are the East family descendants. Their San Antonio Viejo and Santa Fe Ranches were assembled by Alice Gertrudis Kleberg East after she cashed out her interest in the King Ranch. She was a member of the Kleberg family -- owners of the King Ranch.
No. 19 is Anette Marion, heir to the Four Sixes Ranch Comprised of one-third million acres, the ranch has a storied history that began with a poker game and a winning hand of four sixes—reputedly, but not so. The real history of the Four Sixes began with Samuel Burk Burnett, who became one of the most influential and prosperous cattlemen in Texas. Before the age of 20, he purchased from Frank Crowley in Denton County a herd of cattle wearing the 6666 brand. Burnett recorded the brand in 1875 in Wichita County, Texas, on the Kiowa-Comanche Reservation in 1881and in other counties in years following. The Four Sixes Ranch continues today as a forerunner in the cattle industry, and maintains a breeding herd of some 7,000 mother Angus cows. The ranch is also recognized for its exceptional horses. The brand used on the Sixes’ horses is the same one burned on the first horses Burk Burnett bought.
No. 20 is a San Antonio legacy -- La Escalera Ranch owned by Builder Gerald Lyda -- the builder of projects as great as Texas Memorial Stadium (now DKR) The Tower of the Americas, La Cantera, Fiesta Texas and the Alamodome. La Escalera Ranch (III Brand) is one of the largest cattle ranches in Texas consisting of more than 320,000 deeded acres in five counties (Pecos, Reeves, Brewster, Archer and Baylor).
Other notable Texas properties are ranked 23 (Jeff Bezos -- 290,000 acres), Jones heirs (255,000 acres), Frank Yturria Ranch, Hearst Ranch.
To see the complete Land Report 100, click here.
Report: Real Estate Is Texas' 3rd Most Important Industry
Real estate is the third most important private industry in Texas, according to the latest data from the U.S. Bureau of Economic Analysis.
The real estate industry accounted for 7.8 percent of Texas’ total gross domestic product (GDP) in 2006, ranking behind manufacturing (13.4 percent) and mining (9.8percent). “The GDP is the broadest measure of economic importance when looking at the overall economy,” said Dr. Ali Anari, a research economist with the Real Estate Center at Texas A&M University.
Anari studied the real estate industry’s role in the state’s economy and compiled his findings in the Center’s report, Texas Real Estate Industry Review, 2008.
While the GDP is an important indicator of overall economic health, Anari said other data can be just as valuable. “For instance, local governments may be more interested in knowing about tax revenues than GDP,” he said.
Other highlights from the Center’s report:
• Every $1 million of revenue in the Texas real estate industry generates just over half a million dollars of revenue in other parts of the state economy.
• Every $1 million of revenue in the Texas real estate industry generates 5.16 jobs in the state real estate industry and five jobs in other industries.
• $1 million of sales tax in the state’s real estate industry leads to a total of $1.26 million of sales tax in the Texas economy.
• The real estate industry has the largest proportion of self‐employed persons of all industries.
• Nearly 552,000 persons, including self‐employed individuals, were working in the Texas real estate industry in 2007, representing 3.9 percent of statewide employment.
• Texas commercial real estate in Texas was valued at more than $251 billion in 2007. Texas industrial real estate was valued at more than $85 billion.
• Taxes paid by the state’s real estate industry accounted for 18.7 percent of total Texas business taxes in 2007.
• Real estate owners paid an estimated $24 billion in school tax in 2007.
Source: Real Estate Center Texas a&m,
The real estate industry accounted for 7.8 percent of Texas’ total gross domestic product (GDP) in 2006, ranking behind manufacturing (13.4 percent) and mining (9.8percent). “The GDP is the broadest measure of economic importance when looking at the overall economy,” said Dr. Ali Anari, a research economist with the Real Estate Center at Texas A&M University.
Anari studied the real estate industry’s role in the state’s economy and compiled his findings in the Center’s report, Texas Real Estate Industry Review, 2008.
While the GDP is an important indicator of overall economic health, Anari said other data can be just as valuable. “For instance, local governments may be more interested in knowing about tax revenues than GDP,” he said.
Other highlights from the Center’s report:
• Every $1 million of revenue in the Texas real estate industry generates just over half a million dollars of revenue in other parts of the state economy.
• Every $1 million of revenue in the Texas real estate industry generates 5.16 jobs in the state real estate industry and five jobs in other industries.
• $1 million of sales tax in the state’s real estate industry leads to a total of $1.26 million of sales tax in the Texas economy.
• The real estate industry has the largest proportion of self‐employed persons of all industries.
• Nearly 552,000 persons, including self‐employed individuals, were working in the Texas real estate industry in 2007, representing 3.9 percent of statewide employment.
• Texas commercial real estate in Texas was valued at more than $251 billion in 2007. Texas industrial real estate was valued at more than $85 billion.
• Taxes paid by the state’s real estate industry accounted for 18.7 percent of total Texas business taxes in 2007.
• Real estate owners paid an estimated $24 billion in school tax in 2007.
Source: Real Estate Center Texas a&m,
24 February 2009
R L Wilson, P.C. Clients the Subject of Rio Grande Valley News Story
Yesterday, R L Wilson, P.C. Law Firm clients Carl & Janel Parker and firm attorney Bob Schaezler were featured on a news story appearing on KVEO 23 -- the NBC affiliate in the Rio Grande Valley. The story concentrates on the pending litigation between the Parkers and their water provider, East Rio Hondo Water Supply Company (ERHWSC).
In July 2008 -- just days after Hurricane Dolly devastated the Rio Grande Valley, ERHWSC interrupted the Parkers' water service when they refused to grant the utility a 10' easement through their front yard. According to ERHWSC, the easement was needed for the installation of a new pipeline along FM 510 near Los Fresnos. When questioned about the need to place the easement just inches from the Partkers' front door and in the path of several trees cherished by the family (including a decades-old soft-shelled pecan tree), ERHWSC cited plans to "widen FM 510." However, these plans could never be confirmed by any non-ERHWSC source, and both Cameron County and TXDOT officials have indicated that no definite expansion plans exist, and that the funding for an expansion is not in place. Little details...
The Parkers, who are in their 80's, declined to give ERHWSC the destructive easement they requested. However, they offered ERHWSC a free easement of 5' in width. In response, ERHWSC disconnected the Parkers' water service -- even though they were current on all utility bills and had been ERHWSC customers for nearly 15 years. That's when the Parkers' daughter, who lives near Houston called me. Linda explained that, because of the culture of corruption in the Valley (her childhood home), she wanted an "outside" lawyer who was tough, knowledgable and experienced in water-related litigation.
After several unsuccessful efforts to reach a resolution with ERHWSC, we were forced to file suit against them for the purpose of having the Court Order that the Parkers' water service be reinstated. In August 2008 we successfully obtained a TRO compelling water service, and then moved the fight to Austin --- home of the Texas Commission on Environmental Quality. The TCEQ agreed with our position, and on November 22, 2008, issued an Order in which they found ERHWSC's disconnection of water unlawful, and ordered the ERHWSC to provide continuous and adequate water service to the Parkers -- irrespective of whether they granted an easement.
The fight has now returned to Cameron County, where the Parkers seek damages to compensate them for their time without water service -- weeks living off of irrigation cisterns and hauling water in containers -- and recovery of the substantial attorneys' fees and costs they've expended in responding to ERHWSC's illegal conduct. The case has been set for trial in Brownsville in May.
To see complete details on this suit, view my earlier blog post and a story that appeared in the Valley Morning Star newspaper on August 29, 2008.
In July 2008 -- just days after Hurricane Dolly devastated the Rio Grande Valley, ERHWSC interrupted the Parkers' water service when they refused to grant the utility a 10' easement through their front yard. According to ERHWSC, the easement was needed for the installation of a new pipeline along FM 510 near Los Fresnos. When questioned about the need to place the easement just inches from the Partkers' front door and in the path of several trees cherished by the family (including a decades-old soft-shelled pecan tree), ERHWSC cited plans to "widen FM 510." However, these plans could never be confirmed by any non-ERHWSC source, and both Cameron County and TXDOT officials have indicated that no definite expansion plans exist, and that the funding for an expansion is not in place. Little details...
The Parkers, who are in their 80's, declined to give ERHWSC the destructive easement they requested. However, they offered ERHWSC a free easement of 5' in width. In response, ERHWSC disconnected the Parkers' water service -- even though they were current on all utility bills and had been ERHWSC customers for nearly 15 years. That's when the Parkers' daughter, who lives near Houston called me. Linda explained that, because of the culture of corruption in the Valley (her childhood home), she wanted an "outside" lawyer who was tough, knowledgable and experienced in water-related litigation.
After several unsuccessful efforts to reach a resolution with ERHWSC, we were forced to file suit against them for the purpose of having the Court Order that the Parkers' water service be reinstated. In August 2008 we successfully obtained a TRO compelling water service, and then moved the fight to Austin --- home of the Texas Commission on Environmental Quality. The TCEQ agreed with our position, and on November 22, 2008, issued an Order in which they found ERHWSC's disconnection of water unlawful, and ordered the ERHWSC to provide continuous and adequate water service to the Parkers -- irrespective of whether they granted an easement.
The fight has now returned to Cameron County, where the Parkers seek damages to compensate them for their time without water service -- weeks living off of irrigation cisterns and hauling water in containers -- and recovery of the substantial attorneys' fees and costs they've expended in responding to ERHWSC's illegal conduct. The case has been set for trial in Brownsville in May.
To see complete details on this suit, view my earlier blog post and a story that appeared in the Valley Morning Star newspaper on August 29, 2008.
20 February 2009
Mystic Shores Residents File Suit Against Unscrupulous Builder -- Comal County, Texas
R L Wilson, P.C. Law Firm today filed a lawsuit on behalf of its clients Larry and Lynda Restine against homebuilders JV Investments, Inc., Texas Hill Country Estates, and Joe Van Dyke. The suit, filed in the Comal County District Court, arises from material defects constructed into the Restines' Mystic Shores home by the homebuilders.
At least 35 construction defects alleged by the Restines have been confirmed by a Third-Party inspector appointed by the Texas Residential Construction Commission as part of the SIRP process. Though provided with a copy of the TRCC inspector's findings, the Defendants never appealed these findings. Accordingly, the contents of the inspector's report (that there are at least 35 items of non-compliance with TRCC standards)now constitute presumptions of construction defects in Plaintiffs’ home. See Tex.Prop.Code § 426.008(a).
In addition, the suit alleges that JV Investments, Inc., Texas Hill Country Estates, and Joe Van Dyke committed fraud and violated the Texas Trust Act by diverting the proceeds of the Restines' construction loan away from subcontractors and suppliers. The homebuilders drew 100% of the proceeds of the Restines' construction loan, but in many instances never passed these payments along to those who actually performed the work.
The Restines did not learn that many of the individuals and entities supplying labor and materials for the construction of their home were never paid until 77 days after they closed on and occupied the property. It was then that Joe Van Dyke executed an “Affidavit of Completion,” indicating that 20 suppliers and/or subcontractors on the residential construction project were not paid, and that a total balance of $52,394.10 was due and owing to such suppliers and subcontractors. Many of the unpaid suppliers and subcontractors have now filed liens against the home, thereby clouding the Restines' title and preventing them from re-financing the home to achieve a more favorable interest rate. In addition, various suppliers and subcontractors have threatened to commence lawsuits against the Restines in an effort to collect upon their unpaid Invoices. Others of the subcontractors have refused to perform repairs and/or corrections upon the residence because they were never paid.
This is not the first suit filed against the homebuilders in question. At least three other lawsuits have been filed against them by suppliers and subcontractors who were never paid. In at least one of these suits the unpaid subcontractors also sued the homeowners and sought to foreclose a mechanics lien.
The Restines seek unspecified damages in the lawsuit, and the full extent of their losses are not known. At this time, they are soliciting bids from new builders to repair the defects that they and the TRCC claim JV Investments, Inc., Texas Hill Country Estates, and Joe Van Dyke built-into the home. It is anticipated that the repairs will require the Restines to vacate the home and seek temporary housing for several weeks. In addition to costs of repair, it is anticipated that the Resines will face significant reductions in the fair market value of their home after the construction is completed.
The Restines are represented in their lawsuit by San Antonio Attorney Trey Wilson. Wilson also represented the Restines before the TRCC and guided them through the SIRP process, which was resolved in their favor.
At least 35 construction defects alleged by the Restines have been confirmed by a Third-Party inspector appointed by the Texas Residential Construction Commission as part of the SIRP process. Though provided with a copy of the TRCC inspector's findings, the Defendants never appealed these findings. Accordingly, the contents of the inspector's report (that there are at least 35 items of non-compliance with TRCC standards)now constitute presumptions of construction defects in Plaintiffs’ home. See Tex.Prop.Code § 426.008(a).
In addition, the suit alleges that JV Investments, Inc., Texas Hill Country Estates, and Joe Van Dyke committed fraud and violated the Texas Trust Act by diverting the proceeds of the Restines' construction loan away from subcontractors and suppliers. The homebuilders drew 100% of the proceeds of the Restines' construction loan, but in many instances never passed these payments along to those who actually performed the work.
The Restines did not learn that many of the individuals and entities supplying labor and materials for the construction of their home were never paid until 77 days after they closed on and occupied the property. It was then that Joe Van Dyke executed an “Affidavit of Completion,” indicating that 20 suppliers and/or subcontractors on the residential construction project were not paid, and that a total balance of $52,394.10 was due and owing to such suppliers and subcontractors. Many of the unpaid suppliers and subcontractors have now filed liens against the home, thereby clouding the Restines' title and preventing them from re-financing the home to achieve a more favorable interest rate. In addition, various suppliers and subcontractors have threatened to commence lawsuits against the Restines in an effort to collect upon their unpaid Invoices. Others of the subcontractors have refused to perform repairs and/or corrections upon the residence because they were never paid.
This is not the first suit filed against the homebuilders in question. At least three other lawsuits have been filed against them by suppliers and subcontractors who were never paid. In at least one of these suits the unpaid subcontractors also sued the homeowners and sought to foreclose a mechanics lien.
The Restines seek unspecified damages in the lawsuit, and the full extent of their losses are not known. At this time, they are soliciting bids from new builders to repair the defects that they and the TRCC claim JV Investments, Inc., Texas Hill Country Estates, and Joe Van Dyke built-into the home. It is anticipated that the repairs will require the Restines to vacate the home and seek temporary housing for several weeks. In addition to costs of repair, it is anticipated that the Resines will face significant reductions in the fair market value of their home after the construction is completed.
The Restines are represented in their lawsuit by San Antonio Attorney Trey Wilson. Wilson also represented the Restines before the TRCC and guided them through the SIRP process, which was resolved in their favor.
12 February 2009
Foreclosure postings upward bound in Bexar County
Bexar County foreclosure postings reached a record high during the first quarter of 2009, according to newly released data from Foreclosure Listing Service Inc.
George Roddy Sr., president of Foreclosure Listing Service, says foreclosure postings are at the highest quarterly level seen in Bexar County since the company began tracking foreclosure data in Texas in 1963.
“Foreclosure postings in Bexar County have reached a new quarterly record level high,” Roddy says. “Topping 3,400 postings for the very first time, 3,447 foreclosure notices have been filed on real estate located in Bexar County for the first three foreclosure auctions of 2009. This represents the seventh consecutive year that foreclosure postings filed for the first quarter in Bexar County have increased.”
In January, a total of 1,081 homes were put up for auction in Bexar County. In February, 1,261 homes hit the auction block, a record number for a single month. Finally, some 1,105 homes are slated to be put up for sale at the auction scheduled for March 3.
Foreclosure activity in the first quarter of 2009 is up 26 percent compared to the first quarter of 2008.
“Just when you think that surely foreclosure postings will not get any higher, we see another increase in activity,” he says.
SA Business Journal
George Roddy Sr., president of Foreclosure Listing Service, says foreclosure postings are at the highest quarterly level seen in Bexar County since the company began tracking foreclosure data in Texas in 1963.
“Foreclosure postings in Bexar County have reached a new quarterly record level high,” Roddy says. “Topping 3,400 postings for the very first time, 3,447 foreclosure notices have been filed on real estate located in Bexar County for the first three foreclosure auctions of 2009. This represents the seventh consecutive year that foreclosure postings filed for the first quarter in Bexar County have increased.”
In January, a total of 1,081 homes were put up for auction in Bexar County. In February, 1,261 homes hit the auction block, a record number for a single month. Finally, some 1,105 homes are slated to be put up for sale at the auction scheduled for March 3.
Foreclosure activity in the first quarter of 2009 is up 26 percent compared to the first quarter of 2008.
“Just when you think that surely foreclosure postings will not get any higher, we see another increase in activity,” he says.
SA Business Journal
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Trey Wilson --Named By Scene in SA Magazine As One of San Antonio's Best Real Estate Litigation Attorneys -- September 2008 -- As voted on by peers