By R.A. DYER
Star-Telegram Staff Writer
AUSTIN -- In an under-the-radar deal by the Texas General Land
Office, about 2,000 acres of potentially environmentally sensitive land
along the Blanco River in Central Texas could soon go to an undisclosed
buyer.
Citing a state law that allows the agency to withhold any
documentation relating to pending property deals, the land office has
been tight-lipped about details. The agency won't reveal the identity
of the proposed buyer, any potential environmental fallout from
development, and what, if anything, the General Land Office has done to
protect the tract.
But those familiar with the tract and with
land office operations said that an endangered bird has been seen in
the area and that an agency official had expressed concerns that the
site could be archaeologically sensitive. The agency's handling of the
tract is also drawing fire from conservation groups.
"We're
definitely concerned by what we see as the GLO's investment strategy,
which includes buying up ecologically sensitive land and selling it to
developers," said Luke Metzger, director of Environment Texas, a
conservation group. "They should be held to a higher standard and
shouldn't be in the business of encouraging sprawl. ... We think this
area in particular is vulnerable."
Jim Suydam, a spokesman for
the land office, said the agency has conducted archaeological and
environmental studies on the property, but declined to discuss the
conclusions of those studies. He also declined to say whether the
agency had taken steps to protect the property.
The land is at
the center of a pending real estate transaction, meaning the agency
could potentially withhold the information for months or even years if
necessary, he said.
"I'm not going to talk about any of the details of this pending real estate transaction," Suydam said.
The
potential transaction is just the latest General Land Office deal to
raise eyebrows. Land Commissioner Jerry Patterson also has drawn
criticism for his effort to sell a pristine mountain range near Big
Bend National Park to private interests and for leasing land in West
Texas to a company that wants to dump sewage on it.
Endangered bird
The
Blanco River land was acquired in 2005 and 2006 and put out to bid by
the General Land Office in July. Kyle retiree A.W. Gregg, the former
owner, said he had mixed emotions about selling -- but the land office
offered him cash.
"They are the only people paying cash -- a
developer doesn't do that -- and so that's the only way I would have
sold it," Gregg said.
Although neither Gregg nor the land office
would comment on the purchase price, separate reports note that the
state agency paid more than $20 million. The land office identifies the
property as two parcels -- 1,971 acres acquired in August 2005, and 195
acres purchased in July 2006.
Both are just south of Farm Road
150, in Kyle, with part of the property fronting the river. Those
familiar with the land say it's mostly wooded, but has flat areas
suitable for development.
The land also sits in the middle of a
known habitat for the golden-cheeked warbler, an endangered bird, said
Gary Amaon, a former official with The Nature Conservancy. The
62-year-old retiree stressed that he was not speaking on behalf of the
organization, although he says he has some familiarity with the land
because of his previous association with the group.
"They have a
wooded ravine [on the property] where the endangered species habitat is
-- and along the river, also," said Amaon, who said he believes that
recent legislation has given the land office a separate statutory
mission to protect Texas land.
He questioned whether that mission
conflicts with its strategy for making money for the Permanent School
Fund, which includes acquiring investment properties like the Blanco
River tract. "They are not a developer, they are an arm of the state of
Texas, and I think they have a higher standard that they should be held
to," he said.
Suydam, of the General Land Office, said he knew of
no statutory mission to protect open spaces. "I've never heard of
that," he said.
Conservation easement
Jeff
Barton, a member of the Hays County Commissioners Court, who also said
there is environmentally sensitive land in the area, gave the agency
high marks. He said that a land office official contacted his office
some time back, and that the agency agreed to pursue environmental
protections on 40 to 70 acres of the roughly 2,000-acre tract.
"I
don't know if it's sufficient -- I haven't seen a detailed geological
assessment of the site -- but the state did more than they had to,"
Barton said.
As he understands it, the land office will insist
upon a conservation easement that will prevent a future owner from
developing that small portion of the tract, he said. He said that the
Hays County Commissioners Court voted on the deal without much
discussion and that the vote did not attract any publicity or public
input.
Several local activists said that was because the
transaction has flown beneath the public's radar. Many expressed shock
and dismay that the agency had acquired the property and was looking to
sell it.
"This is archaeologically sensitive land all along these
rivers," said Diana Wassenich, director of the San Marcos River
Foundation. "These rivers are spring-fed and for a thousand years,
there were some Indians here. It was a constant source of water for
them."
What's ahead
The Christmas Mountains controversy comes up for a possible vote Tuesday in Austin.
That's
when the School Land Board, a three-member panel headed by Land
Commissioner Jerry Patterson, is set to consider bids from private
interests to buy the 9,269-acre tract. Patterson has pressed to sell
the land to private interests, even though the General Land Office
agreed earlier that it would remain in public hands or go only to the
National Park Service.
The School Land Board is expected to
consider two purchase offers from private groups, as well as an
acquisition plan from the National Park Service. The meeting is
scheduled for 10 a.m.
Online: www.glo.state.tx.us/about/landboard.html