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Commissioners authorize second appeal of FEMA decision on DR‑4266 buyouts

2681119 · February 25, 2025
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Summary

Newton County staff reported FEMA denied the county's first appeal of a deobligation tied to DR‑4266 buyouts; the court authorized a second appeal and directed the county attorney to prepare it.

Newton County received a written denial of its first appeal of FEMA deobligation actions related to DR‑4266, and the Commissioners Court on the record authorized a second appeal and directed the county attorney to prepare and submit it.

County staff reported FEMA deobligated funds connected to acquisition and demolition work on multiple buyout properties. The deobligation created a receivable the county was told would be due back to the grantor — the county official reported that figure as approximately $800,000. "The appeal was denied," Miss Misty told the court, and she said she disagreed with FEMA's reasoning that the county filed the appeal outside the allowed timeframe because FEMA's final decision was not provided to the county until September. "We filed our appeal within 60 days of being notified," Misty said.

Staff told the court FEMA had also indicated the county could sell seven properties that were not demolished within the contract period and use sale proceeds to repay the deobligation. The State Rebuilding Agency (SRA) — referred to in the discussion — opposed selling the parcels because of program intent, staff said.

After discussion, a commissioner moved that the county attorney prepare and submit a second appeal in FEMA DR‑4266 (acquisition and demolition). The motion was seconded and the court voted to authorize the appeal. The county will proceed with a second administrative appeal as directed by the court; staff indicated they will also contact FEMA and state partners to coordinate next steps.