MUD properties government entity owned?

[jamullinstx]

As sort of a unique mechanism for developers to sell bonds for financing neighborhood development, the Municipal Utility District concept is something I hadn't encountered until moving to Texas some 20 years ago. The question is, would property owned by the MUD, such as community centers, and such, be considered property of a government entity, thus not available to post 30.06?

[srothstein]

I think the MUD is a type of governmental agency.

The simple rule I use is to ask if it has taxing authority or directly gets tax money. Only a government can tax. Another simple rule is to check if the cars and trucks used have exempt plates.


And, since I decided to be a little chicken about it and do some research, I found that most of the various utility districts are created under Section 59, Article 16 of the Constitution, and it specifically states they are governmental agencies. Some of the other districts are created under other sections (I found hospital districts under Article 9, for example). As far as I can tell, the same rules would apply about them being governmental agencies though.

[1981]

Yes, MUD's are government agencies, or "political subdivisions" of the state, just like City's, County's, School Districts, etc. etc. Most levy a property tax (but not all) and have elected boards. As a matter of fact, they are even authorized to create their own Police Departments! They are most prevelant around Houston and Dallas, but are starting to turn up everywhere.

[pdubyoo]

I went to my MUD's monthly meeting last week to discuss the potential of a recycling pick-up in my neighborhood, and the facility wasn't posted, although I must admit I never gave it any thought otherwise. Am I correct in assuming that you only see MUD's in unincorporated areas?

[rgoldy]

Granted that MUD are in fact "governmental", the question still exists about their authority to post any building or
facility. Seems to me that unless there is some sort of court proceeding on the premises, they probably cannot
post with justification. Yes or No ?

[3dfxMM]

They can post their monthly meetings if they want to do so.

[Keith B]

They can post their monthly meetings if they want to do so.

But the posting would not be legally binding as they are a state agency.

IANAL

[3dfxMM]

Meetings of a governmental entity can post a binding 30.06 notice.