ORDER N0.'~7388
RCG!UIRING REMRINING p'IECE OF SHEF'PRRD REES
RIGHT-GF-WRY
On this the 14th day of Jan~_rar•y 200c, upon motion made by
Commissioner' Baldwin, seconded by Commissioner Let z, the Coi.rr•t
unanimously approved by a vote of 4-a-0, r•egiaesting that the
I{er•r• Co~.rnty Rttorney formally offer the landowner of the
remaining piece of the Sheppard Rees r^ight-of-way the fair'
market val~_ie, as established by the appraisal, such action to
be taken not later- than our- next meeting, January c8th, year-
GmQ~~.
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: Fred He ~ OFFICE:
MEETING DATE: January 14, 2002
SUBJECT: (PLEASE BE SPECIFIC)
TIME PREFERRED:
Consider and discuss method of acquiring remaining piece of Sheppard Rees Right-of--way.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
County Judge
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter
551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. previous Tuesday.

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been
prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be
appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules
Adopted by Commissioners' Court.
County Judge
Memorandum
To: Ken County Commissioners Court
From: David Motley
Date: December 21, 2001
Subject: Purchase of right-of -way with tax credits
I can find no specific authority in the Texas Constitution or statutes for a county to
exchange tax credits for an interest in realty, specifically, county road right-of--way.
Under the authority of the Canales case, a county may not act unless empowered to do so
by statute or by the Constitution. I advise payment of an amount of money in a lump sum
which represents fair market value for the land in question.
Kerr County has the right of eminent domain as set out in Chapter 261 of the Texas Local
Government Code and Chapter 21 of the Texas Property Code, in particular §§21.012-
21.015, 21.018 & 21.021. A step-by-step procedure of the eminent domain process is
contained therein.
DM/s
cc: Commissioners' Court file
Judge Henneke file
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