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Landowner’s Bill of Rights

Landowner’s Bill of Rights.pdf

The Landowner’s Bill of Rights applies to any attempt by the government or a private entity to take your property.  The contents of this Bill of Rights are prescribed by the Texas Legislature in Texas Government Code Sec. 402.031 and Chapter 21 of the Texas Property Code.

  1. You are entitled to receive adequate compensation if your property is taken for a public use.
  2. Your property can only be taken for a public use.
  3. Your property can only be taken by a governmental entity or private entity authorized by law to do so.
  4. The entity that wants to take your property must notify you that it wants to take your property.
  5. The entity proposing to take your property must provide you with a written appraisal from a certified appraiser detailing the adequate compensation you are owed for your property.
  6. The entity proposing to take your property must make a bona fide offer to buy the property before it files a lawsuit to condemn the property – which means condemning entity must make a good faith offer that conforms with Chapter 21 of the Texas Property Code.
  7. You may hire an appraiser or other professional to determine the value of your property or to assist you in any condemnation proceeding.
  8. You may hire an attorney to negotiate with the condemning entity and to represent you in any legal proceedings involving the condemnation.
  9. Before your property is condemned, you are entitled to a hearing before a court appointed panel that includes three special commissioners.  The special commissioners must determine the amount of compensation the condemning entity owes for the taking of your property.  The commissioners must also determine what compensation, if any, you are entitled to receive for any reduction in value of your remaining property.
  10. If you are unsatisfied with the compensation awarded by the special commissioners, or if you question whether the taking of your property was proper, you have the right to a  trial by a judge or jury.  If you are dissatisfied with the trial court’s judgement, you may appeal that decision.

Further information regarding the procedures, timelines, and requirements can be found in Chapter 21 of the Texas Property Code.

 

Landowner’s Bill of Rights

Landowner’s Bill of Rights.pdf

The Landowner’s Bill of Rights applies to any attempt by the government or a private entity to take your property.  The contents of this Bill of Rights are prescribed by the Texas Legislature in Texas Government Code Sec. 402.031 and Chapter 21 of the Texas Property Code.

  1. You are entitled to receive adequate compensation if your property is taken for a public use.
  2. Your property can only be taken for a public use.
  3. Your property can only be taken by a governmental entity or private entity authorized by law to do so.
  4. The entity that wants to take your property must notify you that it wants to take your property.
  5. The entity proposing to take your property must provide you with a written appraisal from a certified appraiser detailing the adequate compensation you are owed for your property.
  6. The entity proposing to take your property must make a bona fide offer to buy the property before it files a lawsuit to condemn the property – which means condemning entity must make a good faith offer that conforms with Chapter 21 of the Texas Property Code.
  7. You may hire an appraiser or other professional to determine the value of your property or to assist you in any condemnation proceeding.
  8. You may hire an attorney to negotiate with the condemning entity and to represent you in any legal proceedings involving the condemnation.
  9. Before your property is condemned, you are entitled to a hearing before a court appointed panel that includes three special commissioners.  The special commissioners must determine the amount of compensation the condemning entity owes for the taking of your property.  The commissioners must also determine what compensation, if any, you are entitled to receive for any reduction in value of your remaining property.
  10. If you are unsatisfied with the compensation awarded by the special commissioners, or if you question whether the taking of your property was proper, you have the right to a  trial by a judge or jury.  If you are dissatisfied with the trial court’s judgement, you may appeal that decision.

Further information regarding the procedures, timelines, and requirements can be found in Chapter 21 of the Texas Property Code.

  Documents:

Country Place Ditch

This project has been completed

Brazoria Drainage District No. 4 is scheduled to begin drainage reclamation and maintenance activities on the Country Place, The Lakes at Country Place, and Southdown drainage ditch in July 2019.

Project scope shall include, but is not limited to, Drainage Right of Way reclamation, outfall repairs, and maintenance of the drainage ditch adjacent to Country Place, The Lakes at Country Place, and Southdown subdivisions.

The initial phase of the project shall include drainage easement reclamation work consisting of the removal of trees, debris, and any encroachments upon the Drainage Right of Way. The Drainage Right of Way has been located by a professional land surveyor. The Drainage Right of Way will be cleared of any encroachment including structures, fence, plantings, and any other obstructions to the operation and maintenance of the drainage facility.

The drainage channel known as Country Place/Southdown Ditch extends from State Highway 288 east, then turning north to outfall into Clear Creek.  The neighborhoods to the north and south of this ditch began construction in the early 1980s.  The outfall pipes from those neighborhoods have needed repairs or replacement for several years.  This project will first address those failing outfall pipes and structures from Country Place and Southdown, then will refocus to regrading of the channel.

Government Ditch

This project has been completed

This is an inter-local project with Brazoria County to clean out and improve approximately 2.3 miles of a drainage ditch extending from FM 1462 in Rosharon, south to County Road 655 on the Ramsey and Jester state farm property.  This ditch is located in an area that does not currently have Drainage District representation.

Springfield Ditch

This project has been completed

Springfield Ditch & Park Village Detention Pond

The detention facilities for the neighborhoods of Springfield and Park Village have been plagued with drainage difficulties for many years.  In an effort to more effectively drain these facilities, the District engineered and has nearly completed a project that combined the two detention ponds with the drainage channel that was located between the ponds.  This design addressed the drainage concerns, replaced failing outfall pipes, and simplified the maintenance burden in perpetuity.

Construction In Progress

Seeded

Clear Creek Reclamation Project

This project has been completed

This project’s scope is to remove approximately 90,000 yards of dirt from the Clear Creek channel creating a bench just above the static water level, thus creating additional detention within the banks of the channel.  This project continues and connects with a job completed last year just upstream that commenced one quarter mile south of the Barry Rose bridge.  The previous job was approximately one quarter mile in length, the current project is approximately one half mile in length.

Masonic Lodge Ditch

This project has been completed

The Brazoria Drainage District No. 4 is scheduled to begin drainage reclamation and maintenance activities on the Willowick drainage ditch and detention system in June 2019.

Project scope shall include, but is not limited to, ditch reclamation, concrete box culvert installation, and maintenance of the drainage ditch adjacent to Willowick subdivision. Included in this work is the reclamation of the drainage easement within the Willowick subdivision for maintenance access.

The initial phase of the project shall include drainage easement reclamation work consisting of the removal of trees, debris, and any encroachments upon the drainage easement. The drainage easement has been located and marked by a professional land surveyor. The drainage easement will be cleared of any encroachment including structures, fence, plantings, and any other obstructions to the operation and maintenance of the drainage facility. Property owners with identified encroachments will receive with this correspondence an exhibit reflecting the area of encroachment that will need to be remedied.

The Masonic Lodge Ditch job is a channel improvement project to restore 2,500 feet of open ditch from the rear of the CF Spencer Masonic Lodge on Walnut St. at the north and extending south to the recently completed Fite Rd. extension.  The installation of the box culvert storm sewer beneath the Fite Rd. extension made possible the improvements that this ditch has needed for some time.  The project scope includes the regrading of approximately 2,100 linear feet of open ditch, installation of 300 feet of concrete box culvert, and the replacement of failing outfall pipes from the Willowick subdivision.

Pre-Construction through Completion

Signature Request Form

Please fill out the form below to request signatures for a plat or drainage plan.  We will not sign or re-sign a drainage plan or plat without this form signed by an authorized individual with the project.

Sec. 9 – Easements & Fee Strips

Section 9 – Easements & Fee Strips

The District requires fee strips or easements in all developments within its boundaries for the purpose of allowing the District access to and maintenance of the District’s drainage facilities in accordance with the District’s Flood Protection Plan.

Appendix A

The selection of an appropriate hydrologic methodology for all projects shall be carried out in accordance with Figure 2-1.  The design engineer shall contact the appropriate reviewing agencies prior to preparing his analysis to obtain approval of the selected methodology.  This shall include a meeting with the District’s Engineer.

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