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Possum Kingdom Lake, Texas - Vacation Home Burned in Forest Fire

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shattered00

Junior Member
In the 1970s, my family built a vacation home on Possum Kingdom Lake. At the time when the house was built, there was no law governing building over the shore line or within 25 feet of the shore line. The land could also only be rented indefinitely in what was called a "cottage lease" at the time. In 2010, the Brazos River Authority (governing body for the lake and 25 feet inland from shore line) sold the land to a real estate company who then in turn offered it to the individuals who had been leasing the land prior. My family bought the plot. In 2011, a forest fire that then Gov. Perry declared a state disaster destroyed numerous houses and land including our vacation home. The insurance paid only a fraction of the value of the home. Furthermore, even though the house was grandfathered in as far as being built within the 25 feet and partially over the water, BRA informed us that we could not rebuild the house except for on the land and it had to be the same exact footprint as before. The footprint could not be shifted to where it would be entirely on land, so only a portion of the house could be rebuilt (about half the size).

At the time, I did not have the resources to fight BRA legally, but I am in a slightly better position now. I have 20K to spend towards legal action. I am seeking advice as to whether it would be worthwhile to challenge the BRA or if I would likely lose in court and waste my savings. My ultimate goal is to have the house rebuilt exactly like it was as far as the old footprint including the portion over the water.

I have the lease agreements, the contract post-lease, and the survey/blueprint of the former house, etc. Thank you for any advice.
 



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