The battle between a big developer and private property rights continues to rage on in Bulverde, Texas. With a grand bait and switch, the government has expanded its tactics from using the Texas Commission on Environmental Quality (or TCEQ’s) ‘waters of the state’ argument to now invoking Municipal Utility District (or MUD) authority to use eminent domain to seize the land instead. Initially, the developer sought only a wastewater permit to discharge treated sewage onto its neighbor’s land, but now they’re seeking a storm water easement using eminent domain through a little known MUD.
Why? Because the Lux family had the audacity to fight back and the developer wants the land now. Eminent domain is the means to get it fast, and landowners are generally helpless to stop the confiscation of land once they receive notice that the government will seize it through eminent domain.