Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Land Use topic
No spam. Unsubscribe anytime.
Council hears legal limits on easement or license that would survive property sale
Summary
Staff and counsel explained that a properly structured license or agreement could include proportional clawback language, but rapid resale after city investments could make protections difficult; council referenced a lawsuit involving Wimberley as a cautionary example.
A council member asked whether the city could negotiate an agreement that would continue to bind a property after sale. A staff member with legal familiarity responded that, “If it's structured, correctly, then it would be,” and explained that the city would need proportional clawback language to correspond to the public dollars invested so the obligation could be enforced over time.
Council members cautioned about a pending lawsuit in Hays County involving the city of Wimberley and improvements to private property; staff said the structure and timing of any city investment matter, and that terms should be negotiated carefully to avoid potential legal exposure.
