Court delays taking bids on school land
Upshur County Judge Dean Fowler said Friday he plans to research charges which a citizen made to the County Commissioners Court that day that the county's lease to a Lubbock firm on the county's "school land" in West Texas violates the Texas Constitution.
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#1 Jan 1, 2012
Spade Ranch is leasing the surface rights on a 5 year lease. Why is Spade Ranch receiving all of the damages for oil and gas activities instead of Upshur County who is owner of the land and the trustee of the land? Upshur County signed a contract with McCabe petroleum and was supposed to receive $48,644.21 for a Permit to Conduct Geophysical Operations. But on April 16, 2010 McCabe Petroleum signed a Surface Use Agreement with Spade Ranches to pay Spade $50,000.00 for damage to the land for seismic operations, and Spade will pay the same $50,000.00 to the seismic company to grub and pile brush. They also agreed that all payments and obligations of McCabe are to be paid to Spade and not apportioned with Upshur County. This diversion of money is in violation of the Texas Constitution, Article 7, Section 6, and numerous case laws that that state that NO MONEY FROM THE SCHOOL LANDS can be diverted for any other purpose than for the benefit of the public schools in that county.
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