Brazos River Authority
Residential Lease Information
July 2006 - to - October 2008
July 2006, a
"new"Residential Ground Lease was adopted by the BRA Board of Directors
July
2007, a New Lease
Rate Methodology was adopted (Click Here)
July 2007,
the Presiding
Officer of the Brazos River
Authority requested an opinion (RQ0611AG) from the Texas Attorney
General concerning the discount and freeze on lease
rates for
lessees over 65 who would qualify for a homestead exemption on their
leased
property at Possum Kingdom Lake. The request was very positive
and
expressed a real concern for this group of individuals. (Click Here) to
view the
request and (Click Here) to view the attorney General's
response.
The last sentence of the opinion states in part "Texas Constitution
does
not prohibit the BRA from offering a lease discount and
freeze·to
certain lessees if the BRA's governing body reasonably determines that
such
lease terms satisfy the public purpose test." Apparently the BRA
believes discounts are not allowable because the lease terms do not
meet the
public purpose test.
July
and October 2007, the Authority Directors adopted revisions to
the
"new"
Residential Lease Form. Revisions included the elimination of the
50-year
lease, setting the lease term at 20-year plus 10-year lease and the 1
October
2007 deadline for signing the new leas was eliminated.
Lease
Revisions (Click Here) Replaced the 50-year
lease with a 20-year lease and provided for a
10-year extension.
Lease
Revisions (Click
Here) Added Restrictions and
Requirements for New
Leases.
A sample copy of the revised lease
form, including the 30 July and 29 October BRA adopted revisions,
is
posted on the BRA web site, (Click Here) to view. Or
enter http://www.brazos.org/generalPdf/PK_Sample_Residential_Lease_7-30-07.pdf
in your Internet browser.
May
2008, a moratorium on
issuing all new BRA leases was adopted because of the concept of
selling BRA land to a third party was being considered.
June 2008, the Texas
Attorney General (AG) opinion in response
to the request RQ0639AG
on the behalf of the BRA was related to the
market value of the PK leaseholds. The AG opinion was
issued on 6
June 2008 as GA-0634.
(Click Here ) to
view the full opinion and others issued to date or,
copy , paste and enter in your Internet browser
http://www.oag.state.tx.us/opin/opinions/op50abbott/index.shtml and
click on the 2008 GA-0634 listing.
(Click Here)
to view
the summary of
the GA-0634 AG Opinion that favored the leaseholder's position on the
land value.