Quail Valley Eminent Domain

Not An Idle Threat . .  .

Eminent domain is not normally bedtime reading unless you need a sleeping pill. If the final offer for the Quail Valley properties is not accepted by the owner, the next step is the City is exercising condemnation under its power of eminent domain, which the City Council voted 6 to 0 to proceed on March 3, 2008, if our final offer is not accepted.

We think the impact of all of this is important, so for people who like pictures, we have "before and after" pictures of Quail Valley properties since the El Dorado course closed.
NEWS FLASH: after is not better.

Background: Since August 20, 2007, the City has studied feasibility, involved residents from various homeowners and civic groups, requested independent appraisals and property surveys, and started negotiating with the owner's attorneys. Hopefully this negotiation will be more successful than that of the residents of Quail Valley.

If the offer is not accepted, what's next?

According to the Texas Attorney General's office steps of condemnation are:

1. The City files a petition in the appropriate court of jurisdiction, normally the county court.

2. When all requirements are satisfied, the judge of the court appoints three Special Commissioners to assess the appropriate compensation for the properties.

3. Once the Commissioners have determined the compensation (award), the condemnor (City) may take possession of the properties after depositing the amount of the award and making certain filings.

4. Either party may appeal the Commissioners’ compensation decision by timely filing objections. If this occurs, the entire case is reconsidered in a normal civil proceeding.

Based on prior actions by the owner of the property, Missouri City can probably expect a legal fight. This might also include a challenge to  the  City's right to bring eminent domain proceedings against this property, which the City believes, if required, it  can  successfully  defend.

In terms of the amount of money involved it may seem large to us, for real estate speculation however, it is not. An often used strategy in land speculation is to rely on time being on the speculator's side as he or she attempts to alter the will of the homeowners and/or a change of elected officials, both with the goal of overturning the zoning status of this property.

The owner has told numerous parties including City Councilman  Buddy Jimerson, "I  will make a ghetto out of Quail Valley, and the homeowners will beg City Council to re-zone the property."

 

When observing the condition of the golf properties that have been closed, this statement does not appear to have been an idle threat.

It's not just Quail Valley that is threatened.

According to the report by the Financial Committee on Feasibility, over 11,000 homes in  Missouri City  could lower in value because of neglect of this property and the ripple effect it makes devaluing property not contiguous to the golf course itself. Please click the pictures so that you can enlarge and  get a view of what those passing see from Murphy Road and Cartwright.

Lower property values lowers city revenue. Lowered City revenue impacts YOUR City services including police and fire.

This emphasizes the urgent need to ensure that our local city officials continue to support the purchase of the Quail Valley property and resist any effort to re-zone this property.

The eminent domain process is far more complicated than this summary and the possibilities are too numerous to cover here. As with most litigation, timing could involve months or years and the outcome can’t be assured.

One thing that is certain: the homeowners of Quail  Valley  and Missouri  City  officials  have tried to negotiate with the owner. If the City is not successful in its final offer, it is Future Group's position that our only option is to fight.

We’ll keep you informed.

Incidentally, if you're thinking, "those pictures aren't so bad," here's a photo taken from a different vantage point on El Dorado #15 the day the owner closed the course in August, 2007. Please notice the difference in the course. Quite a contrast! For more photos, click here.

Need more information?

For a 5-page summary of how a landowner might respond (See: The Texas Landowner’s Bill of Rights). 

More on eminent domain by the Office of the Texas Attorney General entitled “2006 Eminent Domain Made Easy.” It's linked for your convenience.

For information on the Quail Valley Homeowners experience with the owners of the Quail Valley properties you can download that testimony to City Council. Download council_address_820.pdf)