News
Condemnation suit makes way for landfill in Grimes County
BY ROSEMARY SMITH, Examiner editor
A property condemnation suit has been filed in Grimes County by the cities of College Station and Bryan, under the Brazos Valley Solid Waste Management (BVSWMA) they both own, in order to complete the final stages of plans for a regional Twin Oaks Landfill off Hwy 30 in Carlos.
According to BVSWMA Director Peter Caler, who also acts as the assistant director of public works for College Station, the plans began in 2001 as the City of College Station bought property from the late Harold Trant of Carlos.
Though previous commissioners initially resisted the plans, as did Brazos Valley residents who were approached for the same reason, Mr. Caler says what made the difference in Grimes County was the fact that Trant was willing to sell his property. Since a portion of Trant’s property is located inside College Station’s extraterritorial jurisdiction, the council annexed the property with Trant’s blessing in April 2001.
Following a $10 million lawsuit against the county by Trant for alleged interference with the sale, and a proposed ordinance by former Pct. 1 Commissioner Larry Snook, which would have designated the landfill location near Singleton, a settlement offer ensued.
According to Snook, the county paid Trant approximately $187,000.
The BVSMA agreed to pay Grimes County a host fee of 50 cents per ton dumped in the facility, pending the county’s support of the agency’s plans. According to Director Caler, the county has been receiving quarterly payments ever since. Over the last year, a BVSMA disposal tonnage report shows that the county has received $122,485 total host fees.
Snook told The Examiner his cause for concern was over safety related to possible contamination, as the landfill is approximately 1 mile from the Navasota River, and increased traffic hazards.
According to Director Caler, the Rock Prairie landfill is located beside a creek, which has been protected from intrusion by current safety standards from the TCEQ. Grimes County Engineer Bobby Lys explains that landfill requirements are extremely strict, making the landfill air tight, and leaving no room for contamination.
Director Caler says they are also widening Hwy 30, to ensure traffic safety.
Caler says the current condemnation suits are necessary and normal, as 10 of the 25 tracts of land in Carlos have no clear property title. “When there aren’t clear titles, you have to file a condemnation suit,” he said.
Two hearings have been set for June 30th and July 1st at the American Legion Hall in Anderson. 506th Judicial District Judge Albert M. McCaig, Jr. has appointed Special Commissioners Kenneth E. Statham, Robert L. Upchurch III, and Dell Martinez for the task of determining what the property owners will be awarded for their land. Statham is employed as a broker/appraiser and Martinez is a broker. Upchurch is President of the First State Bank of Bedias.
In an appointment letter dated May 22, Judge Albert M. McCaig writes, “Even in my capacity as a district judge, there are limitations on what I can do when a proper finding has been made that a condemnation should take place. My job is to see that the legal requirements for condemnation are met and that a fair value is paid for the land that may ultimately be taken. Without a doubt, there are times when I will be called upon to review whether a condemnation action is proper. I assure you that when those times arise I will do my duty, both to the requesting entity and to the land owners of Grimes County, Texas.”
According to Condemnation law 21.061, “If no party in a condemnation proceeding files timely objections to the findings of the special commissioners, the judge of the court that has jurisdiction of the proceeding shall adopt the commissioners’ findings as the judgment of the court, record the judgment in the minutes of the court, and issue the process necessary to enforce the judgment.”
Condemnation suit defendants include the following property owners and their respective heirs, assigns and devisees: Morris Lange (7 acres), Gloria Wilkins (64.48), Alan G. Wood II (2.38 acres), Sam Keller (9.94 acres), Mary Harriett Lott Travilla (10 acres), Mary Harriett Lott Travilla (47.6 acres), Robert J. Wilhelm (3.6 acres), Charles O. Wilson, Jr. (20 acres), Ellen Bookman Peters (.81 acres), and Williamson Paul Goranson (10 acres). The condemnation suit includes oil, gas and other minerals 200 feet below the properties’ surface.
According to District Clerk Gay Wells, none of the aforementioned defendants have filed a written answer to the plaintiff’s petition. “I haven’t heard a word from anybody,” Wells said.
“I am opposed to eminent domain as a first or second resort. I believe that negotiations can be beneficial for all those involved,” said Precinct 4 Commissioner Pam Finke, who plans to attend the hearings, along with County Judge Betty Shiflett and Precinct 1 Commissioner John D. Bertling, who were unable to provide any additional information.
“It’s a civil matter not a county matter, that’s what I understand from the information I have. I don’t know enough about it and that’s why I plan to be at the hearing…but I am against eminent domain,” said Bertling.
The landfill is scheduled to open in January 2010, as the current Rock Prairie facility is said to reach capacity this August.
Due to the presence of endangered wildflowers, Caler says only about 200 acres will be used for the Twin Oaks landfill, which will serve 19 counties for the next 40 years or so.
According to BVSWMA Director Peter Caler, who also acts as the assistant director of public works for College Station, the plans began in 2001 as the City of College Station bought property from the late Harold Trant of Carlos.
Though previous commissioners initially resisted the plans, as did Brazos Valley residents who were approached for the same reason, Mr. Caler says what made the difference in Grimes County was the fact that Trant was willing to sell his property. Since a portion of Trant’s property is located inside College Station’s extraterritorial jurisdiction, the council annexed the property with Trant’s blessing in April 2001.
Following a $10 million lawsuit against the county by Trant for alleged interference with the sale, and a proposed ordinance by former Pct. 1 Commissioner Larry Snook, which would have designated the landfill location near Singleton, a settlement offer ensued.
According to Snook, the county paid Trant approximately $187,000.
The BVSMA agreed to pay Grimes County a host fee of 50 cents per ton dumped in the facility, pending the county’s support of the agency’s plans. According to Director Caler, the county has been receiving quarterly payments ever since. Over the last year, a BVSMA disposal tonnage report shows that the county has received $122,485 total host fees.
Snook told The Examiner his cause for concern was over safety related to possible contamination, as the landfill is approximately 1 mile from the Navasota River, and increased traffic hazards.
According to Director Caler, the Rock Prairie landfill is located beside a creek, which has been protected from intrusion by current safety standards from the TCEQ. Grimes County Engineer Bobby Lys explains that landfill requirements are extremely strict, making the landfill air tight, and leaving no room for contamination.
Director Caler says they are also widening Hwy 30, to ensure traffic safety.
Caler says the current condemnation suits are necessary and normal, as 10 of the 25 tracts of land in Carlos have no clear property title. “When there aren’t clear titles, you have to file a condemnation suit,” he said.
Two hearings have been set for June 30th and July 1st at the American Legion Hall in Anderson. 506th Judicial District Judge Albert M. McCaig, Jr. has appointed Special Commissioners Kenneth E. Statham, Robert L. Upchurch III, and Dell Martinez for the task of determining what the property owners will be awarded for their land. Statham is employed as a broker/appraiser and Martinez is a broker. Upchurch is President of the First State Bank of Bedias.
In an appointment letter dated May 22, Judge Albert M. McCaig writes, “Even in my capacity as a district judge, there are limitations on what I can do when a proper finding has been made that a condemnation should take place. My job is to see that the legal requirements for condemnation are met and that a fair value is paid for the land that may ultimately be taken. Without a doubt, there are times when I will be called upon to review whether a condemnation action is proper. I assure you that when those times arise I will do my duty, both to the requesting entity and to the land owners of Grimes County, Texas.”
According to Condemnation law 21.061, “If no party in a condemnation proceeding files timely objections to the findings of the special commissioners, the judge of the court that has jurisdiction of the proceeding shall adopt the commissioners’ findings as the judgment of the court, record the judgment in the minutes of the court, and issue the process necessary to enforce the judgment.”
Condemnation suit defendants include the following property owners and their respective heirs, assigns and devisees: Morris Lange (7 acres), Gloria Wilkins (64.48), Alan G. Wood II (2.38 acres), Sam Keller (9.94 acres), Mary Harriett Lott Travilla (10 acres), Mary Harriett Lott Travilla (47.6 acres), Robert J. Wilhelm (3.6 acres), Charles O. Wilson, Jr. (20 acres), Ellen Bookman Peters (.81 acres), and Williamson Paul Goranson (10 acres). The condemnation suit includes oil, gas and other minerals 200 feet below the properties’ surface.
According to District Clerk Gay Wells, none of the aforementioned defendants have filed a written answer to the plaintiff’s petition. “I haven’t heard a word from anybody,” Wells said.
“I am opposed to eminent domain as a first or second resort. I believe that negotiations can be beneficial for all those involved,” said Precinct 4 Commissioner Pam Finke, who plans to attend the hearings, along with County Judge Betty Shiflett and Precinct 1 Commissioner John D. Bertling, who were unable to provide any additional information.
“It’s a civil matter not a county matter, that’s what I understand from the information I have. I don’t know enough about it and that’s why I plan to be at the hearing…but I am against eminent domain,” said Bertling.
The landfill is scheduled to open in January 2010, as the current Rock Prairie facility is said to reach capacity this August.
Due to the presence of endangered wildflowers, Caler says only about 200 acres will be used for the Twin Oaks landfill, which will serve 19 counties for the next 40 years or so.
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