Commission Agenda Item No. 6
Presenter: Ted Hollingsworth

Action
Proposed Land Sale - Cherokee County
1.422 Acres Adjacent to the Texas State Railroad
April 1, 2010

I. Executive Summary: A landowner adjacent to land comprising part of the Texas State Railroad has requested transfer by sale of 1.422 acres of unused railroad right-of-way in the City of Rusk.

II. Discussion: At the direction of the Texas Legislature, Texas Parks and Wildlife Department (TPWD) assumed ownership and operation of the Texas State Railroad (TSRR) in the mid-1970s. In 2007, the 80th Texas Legislature enacted Senate Bill 1659 (SB 1659), creating the Texas State Railroad Authority (TSRA). SB 1659 directed that TPWD transfer all assets associated with the TSRR, including the facilities in Rusk and Palestine to the TSRA and that TPWD enter an agreement to lease the railroad right-of-way (ROW) that runs between Palestine (Anderson County) and Rusk (Cherokee County) to TSRA for 99 years. The lease and the transfer were effective September 1, 2007.

A landowner adjacent to a segment of this unused ROW in the City of Rusk has requested permission to purchase 1.422 acres of ROW from TPWD. The tract is considered by staff of TPWD and by SRA to be more of a liability than an asset, and agree that sale of the tract as requested is in the best interest of the TSRR. Proceeds of the sale at appraised value would go to TPWD.

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

"The Texas Parks and Wildlife Commission adopts by Resolution in Exhibit A, the provisions of this land sale in Cherokee County."

Attachments - 5

  1. Exhibit A - Resolution
  2. Exhibit B - Location Map
  3. Exhibit C - Vicinity Map
  4. Exhibit D - Site Map
  5. Exhibit E - Tract Map

Commission Agenda Item No. 6
Exhibit A

A Resolution by the Texas Parks and Wildlife Commission
Regarding the Sale of a 1.422-Acre Tract of Real Property in Cherokee County
Not Needed for Operation of the Texas State Railroad

Whereas, Texas Parks and Wildlife Department (TPWD) staff have recommended that the Texas Parks and Wildlife Commission (Commission) approve a transaction to sell a 1.422-acre tract (the Tract) in Rusk, Texas to an adjacent landowner at appraised value;

Whereas, the Tract serves no operational purpose or benefit to either the Texas State Railroad or to Texas Parks and Wildlife Department (TPWD);

Whereas, the Tract does not possess biological or recreational values that would justify its ownership, management or operation for conservation or recreation purposes;

Whereas, the Tract has been used locally for the disposal of trash and is considered by staff of TPWD to be a liability to the department;

Whereas, the Commission finds, in accordance with Chapter 26 and Section 13.009 of the Texas Parks and Wildlife Code that (1) ownership of the Tract is no longer in the best interest of TPWD; and (2) there is no feasible and prudent alternative to the sale of the tract.

Now, Therefore, the Texas Parks and Wildlife Commission authorizes the Executive Director to take all necessary steps to sell the Tract for appraised value to the adjacent landowner.

Adopted and approved this 1st day of April 2010.

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Peter M. Holt, Chairman

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T. Dan Friedkin, Vice-Chairman

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Mark E. Bivins, Member

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Ralph H. Duggins, Member

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Antonio Falcon, M.D., Member

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Karen J. Hixon, Member

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Dan Allen Hughes, Member

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Margaret Martin, Member

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S. Reed Morian, Member


Commission Agenda Item No. 6
Exhibit B

Map Showing Location of Subject Tract in Cherokee County


Commission Agenda Item No. 6
Exhibit C

Vicinity Map for Subject 1.4 Acres in Rusk, Cherokee County


Committee Agenda Item No. 6
Exhibit D

Tract Map for Subject 1.4 Acres in Rusk, Cherokee County


Committee Agenda Item No. 6
Exhibit E

Tract Map for Subject 1.4 Acres in Rusk, Cherokee County


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