Commission Agenda Item No. 11
Presenter: Stan David

Action
Exchange of Land – Orange County
Approximately 2 Acres at the Old River Unit of the Lower Neches Wildlife Management Area
August 27, 2020

I.     Executive Summary:  Ambiguous deed language has resulted in uncertainty regarding a boundary between the Old River Unit of the Lower Neches Wildlife Management Area (WMA) and an adjacent landowner. A minor exchange of land would eliminate boundary uncertainties and address operational issues for both the WMA and the landowner.

II.     Discussion: The Lower Neches WMA comprises approximately 8,000 acres near Bridge City. The WMA consists primarily of marsh land. The land was donated to Texas Parks and Wildlife Department (TPWD) by Mrs. Nelda Childers Stark, and the area is known for its historic sites and birding opportunities.

TPWD and the adjacent landowner have been aware of the common boundary issue for many years.  Increasingly, more people are visiting this area of the WMA, creating potential trespassing issues for the WMA and its adjacent neighbor. A county road ends at the neighbor’s private property.  With no established boundary, a gate cannot be installed to prevent the public from entering the private property. The land exchange will create and establish a defined boundary. The boundary lines can then be physically marked to deter trespassing.

III.   Recommendation: The staff recommends the Texas Parks and Wildlife Commission adopt the following motion:

“The Texas Parks and Wildlife Commission adopts the Resolution attached as 
Exhibit A.”

---

Commission Agenda Item No. 11
Exhibit A

A Resolution by the Texas Parks and Wildlife Commission Regarding the Exchange of Real Estate at the Old River Unit of the Lower Neches Wildlife Management Area in Orange County

Resolution

 

            Whereas, the 8,046.79-acre Lower Neches Wildlife Management Area (WMA) in Orange County was established in the 1980s to protect coastal wetlands for their high biological and recreational value; and,

Whereas, the WMA includes a tract known as the Old River Unit which borders a private landowner to the east; and,

 

Whereas, ambiguous deed language and lost boundary monuments have resulted in uncertainty regarding a boundary between the Old River Unit of the WMA and the adjoining landowner, limiting WMA operations, including the ability to manage public access to both the WMA and to private property; and,

Whereas, Texas Parks and Wildlife Department (TPWD) staff and the adjoining landowner have been aware of the common boundary issue for many years, and have worked cooperatively to identify a mutually beneficially solution; and,

Whereas, the adjoining landowner has agreed to exchange approximately two acres of land for a tract of TPWD land of equal area and value in order to resolve these boundary issues; and,

 

Whereas, the proposed exchange is expected to improve WMA operations, reduce trespass issues, and increase security for the adjoining landowner; and,

Whereas, the proposed exchange would create definitive deeds and establish boundaries for both parties; and,

Whereas, the Texas Parks and Wildlife Commission (the Commission) finds that as required by Texas Parks and Wildlife Code chapter 26, notices of today’s hearing of this matter were published at least once a week for three consecutive weeks in a newspaper of general circulation which is published at least six days a week in the community nearest to the subject tract in which such newspapers are published (Beaumont Enterprise in Jefferson County), with the last day of publication being not less than one week or more than two weeks before the date of today’s hearing and that such notices specified the date and time at which the Commission would hear testimony regarding the proposed exchange; and, 

Whereas, the Commission finds, in accordance with Texas Parks and Wildlife Code chapter 26, that there is no feasible and prudent alternative to the use or taking of such land (the exchange land); and,

Whereas, the Commission finds, in accordance with Section 13.009 of the Texas Parks and Wildlife Code, that the proposed exchange is in the best interest of TPWD; and,

Now, therefore, the Texas Parks and Wildlife Commission authorizes the Executive Director to take all necessary steps to exchange approximately two acres of land for the purposes and subject to the conditions described herein and in the motion approved in this Resolution.

Adopted and approved this 27^th day of August, 2020.

---

Commission Agenda Item No. 11
Exhibit B

Location Map for Lower Neches Wildlife Management Area in Orange County

---

Commission Agenda Item No. 11
Exhibit C

Vicinity Map for Lower Neches Wildlife Management Area (WMA),
1 Mile South of Bridge City

---

Commission Agenda Item No. 11
Exhibit D

Site Map Showing Lower Neches Wildlife Management Area Boundary in Green
Magenta Arrow Showing Land Exchange Location

---

Commission Agenda Item No. 11
Exhibit E

Map of Subject Tracts