For the past four years, Buda resident TJ Higginbotham has dealt with the City of Buda’s attempt to use eminent domain to place a wastewater line through his property. Disagreements on the property’s worth forced litigation, with Higginbotham winning just under $127,000 – a far cry from offers made from both sides during the process. (Photo by Moses Leos III) |
By Moses Leos III.
Discrepancies over a homeowners property value kicked off a convoluted legal battle between the city of Buda and resident TJ Higginbotham. The four-year fight finally ended last month.
Buda will pay $126,590 to run a high-pressure wastewater line through Higginbotham’s property – a far cry from offers made during litigation.
The saga began in 2010, when Buda first contacted Higginbotham regarding the plan. Buda sought to obtain an easement to place roughly 3,900 of its 5,560 linear foot (LF) pipeline through 21 acres of his 34 acre property, which sits on FM 967 just west of downtown.
To acquire the land, Buda initiated the eminent domain process, where governmental entities can acquire privately owned land for public use. However, they must provide a “bona fide” offer to attain the land voluntarily.
Before making an offer, an entity must attain property value records spanning a decade. An appraiser then valuates the entire property before calculating damages for the homeowner.
It wasn’t until Sept. 2012 when Buda sent its final proposal of $36,992.
According to James Frost, legal counsel retained by Higginbotham, the city’s appraiser valued Higginbotham’s property at $1 per square foot (SF).
“A factor in that valuation was that portion of the property near Onion Creek is located in the 100-year flood plain,” Frost said in an emailed response. “The appraiser reduced the value of the lower portion of the property on that account.”
He also said the city appraiser “opined that the easement took 50 percent of the total rights,” reducing the value from the original $2 per SF valuation to $1.
In addition, the city rejected Higginbotham’s request to run a pipeline to the 1,500 gallon-per-minute well on his property. In an emailed response, Frost said Thornhill & Associates of Austin estimated the well could fill the needs of “about 333 households, or approximately 1,000 people.”
“It’s my well and I want to sell water [from it],” Higginbotham said. “We needed a pipeline [to do that].”
Higginbotham refused Buda’s first offer, forcing the city to file for condemnation – the legal process for a city attempting to execute eminent domain.
Leading up to the December 2013 condemnation hearing, Higginbotham hired his own appraiser – Rudy Robinson of Austin Valuation Consultants.
Robinson revalued Higginbotham’s land at $5 per SF, with damages totaling $126,590. He argued Higginbotham’s land should not be included in the flood plane, citing FEMA’s removal of the adjacent Creekside Villas Senior Center from the flood plane.
Robinson also said the condemnation process lowered the market value of Higginbotham’s entire property by 25 percent – calculated as $1,032,790 – bringing Higginbotham’s claim to $1.15 million.
According to Hays County Central Appraisal District records, Higginbotham’s property is valued at $283,710.
Mayor Todd Ruge said the high price wasn’t a surprise.
“When you have two parties, and you each pull an appraiser, they will reflect your points of view,” he said. “But that’s how things work. People try to get as much money [as they can. [The city was] trying to save money.”
Buda’s appraiser also changed its valuation, increasing it to $3.75 per SF, while estimating damages totaling $70,981.
Both sides presented their arguments to a tribunal of Hays County landowners, who reviewed each offer and counter offer.
Their decision sided with both parties.
Buda won the fight over the pipeline, which couldn’t obstruct or cross the proposed easement. The tribunal also threw out the $1.15 million claim by Higginbotham.
The tribunal awarded Higginbotham his appraiser’s assessment of $126,590.
Higginbotham eventually negotiated with Buda, gaining access to the wastewater line, along with placing his own pipeline to his water well.
He said a permit to pump water from the Barton Springs Edwards Aquifer Conservation District is “in the works.”
But how much did this lawsuit cost Buda taxpayers?
Joy Hart, Buda city secretary, said the city hasn’t “received a bill” in an emailed response.
Higginbotham declined to reveal his litigation costs, but felt the process was more trouble than it was worth.
“This was too long, too lengthy and too expensive for the city and me,” Higginbotham said. “If they hadn’t offered an insulting offer, it wouldn’t have gone this long.”
