In 2022, voters supported Proposition A, a bond giving the county $20 million to be spent on “open space and conservation land and acquiring conservation easements on land for any authorized purposes,” according to the ballot language.
Because the bonds are interest-bearing, 85% of funds must be spent within three years, requiring the county to pay around $17 million by June 2026. Rusty Busby, chair of the Proposition A Committee formed by Kendall County commissioners in 2023, told Community Impact that the committee is identifying properties to support with funding before the deadline.
According to the Texas Agricultural Land Trust, a conservation easement is a voluntary restriction placed on property to protect natural, productive or cultural features. The easement is recorded as a legal agreement between the landowner and the holder of the easement, which may be a conservation organization or government agency.
Busby said they have secured 2,320-plus acres in conservation easements so far.
“That has totaled about $844 per acre that the county has spent from Proposition A money, which is about $1.8 million,” Busby said.
In total, the county has spent around $3.16 million of the $20 million over the last two and a half years. With around $16.84 million left to spend, nearly $13.84 million must be spent by the June deadline to meet the 85% threshold.
On Dec. 23, Kendall County Commissioners authorized the purchase of a nearly 310-acre property for $11.25 million in Prop A funds. The sale of this property is pending property surveying and inspection, in which the county can pull out of the agreement within 60 days.
Busby told Community Impact that the county pays the transaction cost for the properties, which are not to exceed $75,000.
Once a trust company is chosen for a conservation easement, it must maintain the property in perpetuity.
After being registered as an easement, the property could be sold, but valued at around 40% of the total property value, Busby said.
Starting with an application submitted by landowners or by conservation organizations, the property moves through the process of getting the easement approved.
Following committee deliberations, the property proposal moves to an executive session agenda for county commissioners before being placed on a future agenda for a public hearing.
The public hearing is held to gather input from county residents before county commissioners approve the property.
Once the conservation easement is finalized, it will be maintained by the organization that agreed to oversee the property, which is typically the land trust selected by property owners.
Since the committee’s inception, the process has been refined to focus on specific properties and areas within the county rather than target every possible easement.
While there is no minimum size for an easement, the committee generally considers properties around or above 50 acres in size.
“The process has smoothed out as we have become more knowledgeable about what properties we are looking for,” Busby said.
Aside from conservation easements, the county is looking at land for public use. Current Prop A parkland includes purchases near the James Kiehl Natural Area and the city of Comfort.
What they’re saying
During the course of the bond, Prop A has seen a mix of pushback and support from the community.
Kendall County property owner Maxie Zinsmeister on Nov. 25 said the process of getting a conservation easement is expensive, with costs around $20,000 or higher that may be recouped through payment from the county, but those costs are not guaranteed.
Zinsmeister said if the county pursues Prop A again in the future, there needs to be a way for the county to facilitate and accommodate property owners who may not have the funds to move through the process.
“I know people that are property rich, but cash poor,” he said. “They may want to preserve their property, but they don’t have the upfront payments to make it happen.”
Kendall County must spend 85% of the $20 million from the Prop A fund by June. Busby said larger properties are coming through the process that could absorb a significant portion of that cost, including the recent approval of the $11.25 million purchase.
While these conservation initiatives are not formally approved, Busby said he is confident the county will meet the requirement by the deadline, meaning the county is expected to spend around $14 million over the next six months on conservation projects.
“We are going to have to do some large deals in order to make our deadline,” Busby said.
