Commissioners Question Plan for Subdivision in Pct 3

A proposed subdivision in Precinct 3 prompted an unusual legal debate as members of the Young County Commissioners Court questioned whether the county has authority to require a plat for a 200-acre tract off RG Loop Road north of Jeffrey Road.

The property lies in Precinct 3 Commissioner Alan Craig’s precinct.

Developer Rodrigo Blanco, who said he traveled 18 hours from Ohio to attend the Feb. 9 meeting, told commissioners the county “does not need to take any action” because the project qualifies for a plat exemption under Texas law.

“Our business is purchasing pieces of land and subdividing them,” Mr. Blanco said. “The good news for the court is that we’re not asking you to approve anything.”

Mr. Blanco said the company plans to divide the property into 10-plus-acre tracts. A 20-foot-wide gravel access route runs through the middle of the property. He described it as a private easement, not a public road.

Commissioners questioned how back lots would be accessed and who would maintain the roadway over time.

“If you don’t own the back lot to the end, it is a public access,” County Judge Win Graham said. “It is still a roadway.”

Mr. Blanco argued that a 2023 change to Chapter 232 of the Texas Local Government Code narrowed when counties may require a plat. He cited House Bill 3697 of the 88th Legislature and referenced Texas Government Code 311.016, focusing on the statutory meaning of the phrase “may not.”

Reading from the code during the meeting, Mr. Blanco said: “ ‘May not’ imposes a prohibition and is synonymous with ‘shall not.’ ” Judge Graham, who said his understanding of the term differed, asked that the statute be printed and reviewed.

“It gives us discretionary authority,” Judge Graham said at one point, reading aloud from the code section defining “may.” After further review, commissioners acknowledged the subsection stating that “may not” imposes a prohibition.

Mr. Blanco maintained that because the lots exceed 10 acres and no public streets are being dedicated, the county cannot require a plat.

Commissioners also raised practical concerns.

“How are they going to pick the trash up? What if they have a fire? What if somebody gets hurt?” Judge Graham asked.

Mr. Blanco responded that the roadway would remain private and that an HOA may be formed to maintain it, though he acknowledged details were still being worked out. He said the primary market for the lots is overseas buyers seeking to store value in land.

“They’re not going to do anything with it,” Mr. Blanco said. “They just want to own the land.”

Commissioner Jimmy Wiley questioned whether buyers who do not reside on the property could face high tax bills and whether agricultural exemptions would apply under evolving state rules.

“What if I came to you and said I want to buy one of the 10 acres?” Mr. Wiley asked. “What restrictions do you have?”

Mr. Blanco said there are no specific restrictions planned.

In response to earlier concerns raised by Commissioner Craig, Mr. Blanco said the company has completed a groundwater availability study, drainage study and installed culverts. He said test wells produced eight gallons per minute initially, dropping to two gallons per minute, which he said meets Texas Commission on Environmental Quality standards.

Still, commissioners expressed concern about long-term water availability if homes were eventually built.

“We have places here in the county that they’re still hauling water to because they’ve done this without sufficient supply,” Judge Graham said.

After nearly an hour of discussion, the court took no action.

Judge Graham said Mr. Blanco would provide a copy of his presentation for review and that commissioners would conduct independent research before considering any further steps.

“There’s nothing for us to vote on today,” Judge Graham said. “We need to do more research.”