Willacy County tries taking Nature Conservancy's beach at Padre Island

SOUTH PADRE ISLAND (AP) - Willacy County officials think good things could at long last happen for their remote corner of Texas if only they could overcome the 9.5-mile bay that separates the mainland from their section of Padre Island.

A few years ago they bought a so-called ferry - a 40-year-old amphibious vehicle that initially failed to pass government safety standards. Now they just need a place to land it.

But the section of Padre Island the county wants is owned by the Nature Conservancy, and the environmental group says it's not for sale.

So the county commissioners voted in November to use eminent domain to seize the land, angering conservancy members who fear an influx of beachgoers will threaten wildlife on the 1,500-acre section of island.

Eminent domain gives governments power to take private land for public use - usually for projects such as highways or mass transit systems. Texas was one of at least 31 states to review eminent domain laws following a U.S. Supreme Court ruling last year that backed governments' power to take private land for economic development as a way to increase tax revenue.

Gov. Rick Perry signed a bill into law last fall that limited eminent domain use in Texas, saying government should not encroach upon private property rights unless there is an eminent public need. "Eminent domain for private use is a great threat," he said.

County Attorney Juan Angel Guerra said the county can legally take the land, since it will allow the public better access to the island. Currently, visitors must drive 25 miles up the coast from South Padre Island to reach it. The Conservancy vows to fight the land grab in court.

Willacy is a financially foundering county on the northeast end of the Rio Grande Valley, about 40 miles from the Texas-Mexico border. It has fewer than 18,000 people, and no real industry since fruit-packing sheds and clothing factories closed decades ago.

The bright spot is Port Mansfield, a popular, semi-tropical gateway to what's considered some of the best sport-fishing in the country, stretching from the Gulf of Mexico through the Laguna Madre Bay. But the bay waters off the mainland offer little for beachgoers and swimmers.

"If you don't have access to the island, then what's the purpose for coming here?" Guerra said.

The Willacy County Navigation District bought the "Lark" amphibious vehicle in 2004 because it didn't believe it would ever be able to build a dock. Now, it wants to buy a place to load and unload it so residents and tourists can enjoy the beach.

The land north of the Mansfield Ship Channel is the federally protected Padre Island National Seashore, a wilderness area. That leaves the southern side of the island, where the Conservancy owns its property, known as a haven for rare and endangered species, such as Kemp's ridley sea turtles, piping plovers and migrating peregrine falcons.

Conservancy representatives said they learned of the county's eminent domain decision through local news reports, and had to request a copy of the meeting minutes to get more details.

"No one at Willacy County has made any attempt whatsoever to contact the Nature Conservancy about this matter," said Carter Smith, the Conservancy's state director. "Candidly, we find that very disquieting."

Smith said the Conservancy talked about selling the land to the county several years ago but decided against it because the county hadn't thought through how it would deal with sanitation issues, law enforcement and other ways to mitigate environmental

impacts and protect endangered species.

Wilson said all those concerns will be considered as the project moves forward, but the county doesn't yet have a firm plan or budget.

He said he doubted the environment would be harmed by providing better access to the island.

"I don't know why there would be more of an impact for our people coming over on a boat," he said. "How would there be any more impact than people driving up the beach?"