A LOT OF LOTS, A LOT OF QUESTIONS: 134 Undeveloped lots In Fort Clark Springs generate purchase offers and questions from the public

134 Lots currently considered “trust properties” with Kinney County Appraisal District have been making their way across a number of local meeting agendas in recent weeks, and raising some questions and voices across various platforms. On January 13, 2025, Kinney County Commissioner’s Court and Brackett ISD, in their respective meetings, approved an offer of $15,000 made by Chad Potts, submitted by Kinney County Appraisal District, to purchase 134 ‘trust properties’ listed on an attachment. With two more approvals to go for this offer to be accepted, things are heating up as Fort Clark Springs Association enters the bidding ring after previously declining a lower offer to purchase the undeveloped lots. 

According to a letter from KCAD Chief Appraiser Todd Tate, the lots being considered are undeveloped lots in Fort Clark Springs, and were struck from the tax rolls following unsuccessful Sheriff Sales dating back to 2000. The properties are held in trust by KCAD for Kinney County, Brackett I.S.D., Fort Clark M.U.D. and Kinney County Groundwater Conservation District. 

In December, prior to Mr. Potts submitting the now somewhat contentious offer, Mr. Tate had initially brought these lots to the attention of Fort Clark Springs Association with an offer to purchase them for approx. $12,000, in an effort to get them back on the tax rolls. 

At the December meeting, FCSA Board of Directors gave General Manager Charlena Cavender the authority to negotiate the purchase of the lots up to an amount of $12,000. However, based on what she claims was consideration of member input, Ms. Cavender confirmed that FCSA decided to decline the offer to purchase the lots at the lower offer price. 

At some point during or around the time of FCSA’s deliberation and rejection of the initial offer, local resident Chad Potts submitted an offer to purchase the same lots for $15,000, and the offer has since been circulating the relevant taxing entities for their consideration, with 2 approvals and 2 motions to table the vote. 

As Fort Clark Springs Association prepares for their annual Board of Directors election and sends out approximately 2800 ballots, some members have wondered about the potential implications of one person owning 134 lots, (with 134 votes). As such, FCSA leadership has also decided that perhaps declining the original offer was a mistake. 

After Kinney County Commissioners and BISD unanimously approved the $15,000 offer made by Chad Potts in January, Fort Clark Springs Association has now come back to the table with a new offer of $18,000. The new FCSA offer is $6k higher than the approved amount Ms. Cavender was authorized to spend, according to the December meeting minutes. 

In the February meetings of the Kinney County Groundwater Conservation District and Fort Clark M.U.D., the offer submitted by Chad Potts has been tabled as additional information has been requested. With some questions surrounding the validity of the new offer made by FCSA, KCAD has requested the minutes from the FCSA board meeting at which the $18,000 offer made by the General Manager would have been approved. In the MUD meeting, Ms. Cavender stated the meeting in question would be the December meeting, and the minutes could be downloaded from the Fort Clark website.  Additionally, FCSA board meetings can be viewed online, but she offered to present the FC MUD with some additional documentation to verify the binding nature of the agreement and legitimacy of her authority to submit the higher offer. 

It’s unclear how proper authority to increase the FCSA bid to $18k would have been given to Ms. Cavender in the December meeting, as she stated, since the December minutes reflect a motion to allow her to negotiate and be able to spend up to 12,000.00 on the “underperforming lots”. There is no record of a vote or approval for the $6k increase in spend which is required in order for the General Manager to make such an offer, according to FCSA governing documents, but Cavender has made strong assurances that she has been given the “go-ahead” by the Board of Directors.  

The new, increased offer submitted by the General Manager comes after FCSA has been strongly considering a special assessment to fund at least $40,000 in critical motel repairs. The presumed budget deficit which would trigger a special assessment has prompted questions about whether or not funds would actually be available to purchase the lots if the FCSA offer was accepted. 

FCSA has been utilizing the property encompassed by many of the lots for a very successful hunting program, to the tune of $77,000 this year, according to Ms. Cavender. Whether they have been granted such access has been somewhat unclear, but a new owner would likely put a stop to most of the hunting on the private property and could cost FCSA a significant amount in potential hunting revenue. Ms. Cavender continued to expand on the importance of the revenue from the hunt program and availability of the property. During the FC MUD meeting on Feb. 19, Cavender presented that the hunt revenue offsets the areas that are losing money, which she clarified as being the motel and golf course. This contradicts recent financial statements presented by the association which has shown the motel turning a profit, and further confused MUD’s understanding of the situation. 

It would be hard to deny that if the property generates more than $77,000 in hunting revenue annually, the initial $12k offer (or even up to a full market value purchase) might have been worth considering for FCSA, especially as the association is now offering $6k more for the same lots, but the potential recreational use by FCSA is not really in question by those considering action on purchase offers. Nonetheless, Ms. Cavender has reiterated the purchase of the lots by FCSA would be beneficial to members and the association, and the intent would be to “de-plat” the lots and turn the space into “green space” or “common areas” or other such accessible land for member recreation and use. 

Less clear to date is what Mr. Potts plans to do with the lots if his offer is accepted. While the ultimate use of private property by a buyer is not really subject to this approval, local leaders and citizens are quick to imagine what scenarios might befall the community if such an unprecedented purchase were to close. 

Some concern among directors and citizens about Potts’ potential purchase surrounds water use and potential real estate development, and more immediately, a strong concern buzzed about the implications of one person having 134 votes in future elections of the Board of Directors. Over 2800 ballots were sent in the 2025 election, which didn't include the 134 ballots that would go to the lot owner(s) in 2026, should these lots be purchased. 134 votes out of nearly 3,000, is a relatively small percentage, however, it remains to be seen how many ballots out of those sent to “inactive” members will be returned, giving potentially more weight to the 134. However, if Mr. Potts was to sell off the lots individually, as is one theory about his motivation for purchasing them, the votes would then be transferred to the new lot owners and ultimately dilute the original block of votes.

At the MUD meeting, some mention was made that the actual ability to “de-plat” the lots, as Ms. Cavender suggested, is not guaranteed based on the somewhat scattered locations of individual lots. Also brought up for consideration was the Texas Colonias Law, which applies to lots in border counties that do not have sewer, water, paved roads, and electric service. 

Currently, both Potts and FCSA offers remain somewhat in play, with Potts’ offer securing Kinney County Commissioners and BISD approval, but pending MUD and KCGCD action in March. FCSA’s offer seems to require some additional followup, as Charlena Cavender promised to deliver a binding letter of intent to MUD, and KCAD has requested to verify meeting minutes. 

It’s worth noting that a full market value offer would eliminate the need for an approval process and the properties would be transferred upon payment. Meaning, a potential buyer could walk in and simply purchase the lots for approximately $50,000, as estimated by Todd Tate. The reason for the consideration and approval process across taxing entities is due to the below market value offers. 

Kinney County Post will continue to follow this story and update as new information becomes available.