Fredericksburg Texas Vineyard – For Sale – 75 Acres


75 acre Vineyard and historical farm with an unmatched three mile location to Fredericksburgs booming Main Street district. The property is located on the main corridor of commercial growth in Gillespie County, within 0.5 miles from Gillespie County Fairgrounds and airport, along Highway 16 South towards the I-10 corridor and Kerrville.  This is a turnkey opportunity to purchase a stunning piece of Hill Country history and viticulture.

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Vineyard: 2014 Planting: 2000 Cabernet Vines, 2000 Tannat, 200 Malbec, 200 Chardonnay (three year old rootstock, productive in 2016 harvest.)

Irrigation: Drip irrigation installed on all existing root stock. Property also conveys 32 acre Ft. of senior water rights for irrigation from Live Oak Creek.

Three Wells: Two new licensed and per- mitted Hensel wells calibrated to 25 & 17 GPM, and the original hand dug stone lined well next to homestead which still is useable and full of water.

Fencing: The vineyard area of the farm has new eight foot tall tight-lock game fencing. The northern part of the tract and creek frontage has been left under low fencing to allow for wildlife to pass through.

Improvements: Three existing historical structures, all in need of restoration; 1. Stone House original homestead, stone home built in 1853 and is 1,900 sq. ft. with 536 ft. of open porches; 2. Stone House, Wood frame 1920s home, two story, 1,000 sq. ft. with 255 sq. ft. root cellar; 3. Stone barn, in need of full restoration, two sto- ries, 2,100 sq. ft.

Water: Live oak creek is a year around spring fed creek that feeds into the Pedernales River. Approx. 1,500 ft of frontage with agricultural water rights.

Wildlife: There is approx. 20 acres out- side of the high fenced vineyard that at- tracts native game including: whitetail, axis, turkey, wild boar, quail, and dove.

Native Trees: Post Oaks, Live Oaks, Pecans, Bull Mesquite.

Restrictions: None, No Zoning, Just Out- side City Limits, in FBG ETJ.

Highway frontage: .25 miles of frontage. Superior visibility heading both North and South on Hwy 16.

Property Taxes: Entire ranch is AG ex- empt. Total 2014 Tax Liabilities: $ 1,500.00

Sale Terms: Cash. Partial owner financing terms may be offered.

Broker Commission: 3% allocated for buyer representation. Registration of licensed buyers broker must be made on first contact of listing broker, but buyers broker does not to be present for showings.

Full sales prospectus and video aerials are available thru a secure dropbox link, please email or call for access.

Fredericksburg, Gillespie County, Texas – 140 acre historical riverfront farm



County: Gillespie
Type: River House
Acres: 140
City: Fredericksburg
State: Texas
Zip: 78624
Bedrooms: 3
Baths: 3
Sq. Feet: 3500
Description of the Land
Fredericksburg historical homestead and riverfront farm. Original Otto Schmidt farm, (one of the founding fathers of area); senior agricultural water rights, 140 +/- acres, approx. .25 mile of Pedernales River frontage, and spring fed Nasse Creek near homestead. Massive hardwoods include century-old Live Oaks, Pecans, Post Oaks, and Bull Mesquite. Deep tillable fields of black top soil planted in coastal bermuda (approx. 400 round bales/yr.), Highway 16 South frontage with private and gated 1 mile road to homestead. Original 1910 farm house has been remodeled and numerous restored outbuildings that include a guesthouse, office, storage/pole barn, laundry, and craft room. Underground utilities, fenced and cross fenced. No roof top views from the homestead overlooking the Nasse Creek valley and Post oak grove and wildflower meadow. This estate has large development potential; no restrictions, Highway 16 frontage, 7 minutes to Fredericksburg, 12 minutes to Kerrville and I-10 corridor, all utilities, senior water rights, Atmos Gas available, 3 phase scheduled for install in a year. Ideal winery/vineyard/orchard potential. Much of the property is high fenced with new Sta-Tuff brand 8 ft fencing although open to the homestead and creek at this time to allow for native wildlife to access. Very difficult to find all this in one property. Owner is Licensed Real Estate Broker in Texas.

Fredericksburg, Texas, 78624

Additional Listings:

Big trades advance farm bill talks


By DAVID ROGERS | 12/4/13 3:01 PM EST Updated: 12/5/13 10:24 AM EST

Farm bill negotiators broke major new ground toward a long-sought deal, even as a leading agriculture lobby urged rival commodity groups Wednesday to “close ranks” behind a final package this winter.

Staff were closeted still working out the details and much will depend on final scoring from the Congressional Budget Office. But both sides made important concessions in the course of an hourlong closed-door meeting Wednesday of the four top principals from the House and Senate Agriculture committees.

The House moved off its position that all commodity subsidies be a function of a farmer’s planted acres. The Senate agreed to greater food stamp savings — albeit still far short of the $40 billion in 10 years cuts approved by the House in September.

(Also on POLITICO: GOP recruits Collin Peterson challenger)

“We’re making great progress, across the board we’re trying to bring it all together,” Senate Agriculture Committee Chairwoman Debbie Stabenow (D-Mich.) told reporters. “We are coming closer in every part of the bill.”

Her counterpart, House Agriculture Committee Chairman Frank Lucas (R-Okla.) was cautious but decidedly more upbeat than he had been 24 hours before. “We made great progress. We have more progress to make,” Lucas said. “Let us keep working.”

Neither Lucas nor Stabenow discussed any details, but the format of Wednesday’s meeting gave Stabenow the opportunity to present what was described as a five-page response to proposals previously made by Lucas. The fact that both chairs came out smiling was a healthy sign, and after weeks of floundering there was genuine hope that the pieces of a deal could be coming together.

Indeed, the framework for the commodity title appeared to be largely in place if the compromise holds regarding base vs. planted acres. In the case of the nutrition title, the Senate moved off what had been a rigid position of rejecting any savings beyond the $4 billion in its bill.

(Also on POLITICO: Full agriculture policy coverage)

There are discussions too of a limited number of pilot programs to test new approaches to train unemployed food stamp recipients and move them into the workforce. But the largest new savings would come from a crackdown on what many see as an abusive practice by states called “heat-and-eat.”

Under this scheme, token amounts of low income fuel assistance — sometimes as little as $1 per year — are distributed to Supplemental Nutrition Assistance Program recipients, thereby qualifying them for a standard utility deduction to leverage significantly higher food stamp benefits.

Virtually all of the $4 billion in SNAP savings in the Senate bill come from setting a minimum threshold requiring states to at least distribute $10 in such fuel aid to qualify for the utility allowance. The compromise now would set a still higher threshold of $20 as proposed by the House, and this could double the Senate’s savings.

Wednesday’s talks came as Bob Stallman, president of the American Farm Bureau Federation, sought to calm the waters, calling on the agriculture community to step back and let the negotiators do their work without having to field grenades thrown in by competing interests outside.

“It is time, once and for all, to unify behind a farm bill that works for all of American agriculture, including crop, livestock, and fruit and vegetable growers,” Stallman said. “The best way for us to do that is to trust those who have brought us this far.”

“We must move forward. It is time to let our leaders lead. The American Farm Bureau Federation will do what it can to help close ranks on any remaining issues — for the good of the whole of American agriculture, consumers, our hardworking farm and ranch families and the rural communities they support.”

Stallman cited no single lobby by name, but his statement reflects the concern among farm bill advocates that the bad blood among commodity groups has become an embarrassment and threat to completing a package this winter. POLITICO reported on this infighting this week, including a toughly worded Nov. 26 letter from the powerful corn and soybean lobbies, warning that they would oppose any final bill that does not address their trade concerns about the commodity title.

As major exporters, corn and soybeans fear they would be subject to complaints if future subsidies are tied to planted acres — which had been an important position in the House bill. They have proposed several alternatives to bridge the gap, but absent some agreement, their letter said they would oppose the final bill and seek a two-year extension of current law — running into the next Congress.

The new concessions Wednesday in the House-Senate talks change the complexion of this fight — and could mean a victory for corn and beans. But for the two lobbies to public embrace a two-year extension was widely seen as a shot at Lucas, whose tenure as House chairman runs out next year..

Danny Murphy, a Mississippi farmer and president of the American Soybean Association, insisted again Wednesday that no threat had ever been intended. Murphy said his preference is still a five-year bill but a five-year bill “without bad policy.” He said the whole notion of a two-year extension was to get past the 2014 elections, not past Lucas. “Chairman Lucas might very well be still there,” Murphy told POLITICO. “We intended no slight toward him.”

John Doggett, vice president for public policy and the National Corn Growers Association, echoed the sentiment. “We felt it was important for the conferees to know our position,” Doggett told POLITICO. “We in no way meant it as a threat. We meant it as an expression of our position.”

Read more:

TCEQ responds to article “Takes Private Property Without Notice Or Hearing”



Letter to Livestock Weekly

by Scott Zesch

Landowners in the western Hill Country have been alarmed by recent reports that the Texas Commission on Environmental Quality (TCEQ) is re-classifying certain non-navigable streams as navigable, thereby converting private property to state land and opening it to the public. These issues are confusing, because navigable streams and private property involve two separate and long-established sets of legal rights that sometimes conflict with each other.

Since 1837, Texas statutes have deemed a stream to be navigable so far as it retains an average width of 30 feet from the mouth up. A state agency such as TCEQ cannot arbitrarily re-designate a non-navigable stream as navigable. Rather, it can only determine whether a particular stream meets this statutory definition of “navigable.”

For landowners, this classification is critical because Texas law grants the public a right to use navigable streams up to the gradient boundary. This right of free use and movement, which dates back to the 1830s, encompasses more than just commercial navigation; a Texas court expressly approved recreation as a lawful use of navigable streams as early as 1917. In contrast, the public has no right to use non-navigable streams on private property.

Some of the older survey lines in Texas extended across the beds of smaller waterways rather than stopping at the bank, so that the landowners hold title to the streambeds as part of their property. Ordinarily, the bedrock of private property rights is the right to exclude. However, Texas cases and statutes have long established that the landowner’s property rights in the bed of a navigable stream do not trump the public’s conflicting navigation rights. One appellate court explained in 1981 that owners of streambeds “cannot unreasonably impair the public’s rights of navigation and access to and enjoyment of a navigable water course.”

At the same time, a state agency’s determination that a stream is navigable does not transform a privately-owned streambed into state land. The Texas legislature validated these trans-stream survey lines in 1929, so that landowners who hold title to a streambed retain many property rights in it. Nonetheless, that portion of their private property is burdened by the public’s longstanding right to use navigable streams.

Finally, members of the public cannot cross private property to access a navigable stream. They can only do so from public land (usually a road) adjacent to the stream.

TCEQ Takes Private Property Without Notice Or Hearing

By Caroline Runge, Manager Menard County Water control and Improvement District No. 1

For the past couple of months rumors have been floating around that the Texas Commission on Environmental Quality is planning to re-classify creeks and streams in the western Hill Country as navigable streams.

Last week we learned that they have already done so in Kimble County.

A rancher on Bear Creek let us know that he had been issued a citation, setting a fine for having a dam on the creek and ordering him to tear it out within days. He protested that the dam had been there for generations, and the creek is private property.

Not so, said TCEQ personnel, informing him that Bear Creek had been re-classified as a navigable stream on September 3rd.

The significance of re-classification is that the stream beds of navigable rivers belong to the state; the beds of non-navigable streams are private property and belong to the owner of the land through which the stream runs.

This distinction dates from the early history of the United States when rivers were a primary means of transport of goods, and the state prevented obstructions in the rivers to protect and promote commerce.

The early law cases required that a river be “navigable in fact” – that is, that it really could float a commercial boat.

By the 1920’s and ‘30’s, when the Federal government and the states felt that water resources more under government control, the definition of navigable underwent a series of changes.

Now a stream can be declared navigable in Texas if the stream bed is 30 feet wide from cut bank to cut bank (the technical term is “gradient boundary’). That doesn’t mean that the water has to be 30 feet wide – only the bed of the stream.

Many streambeds in this area have been widened to 30 feet by the occasional flood, though their normal condition may be only a trickle through the streambed.

A call to the General Land Office, which has jurisdiction over state lands, confirmed that the TCEQ is looking at re-classifying streams in Menard, Mason, McCulloch and Kimble Counties.

There are several serious concerns with re-classification.

If carried out to the extent proposed, it converts thousands, possibly hundreds of thousands, of acres in the Edwards Plateau region from private property to state property.

And once the streambeds are state property, the ranches they cross are open to free access by the public. Any place a creek crosses a county road, for instance, anyone can walk or boat from that point up the streambed through the ranch.

The main reason people buy ranches these days is to have privacy and a place that the public can’t access, so the re-classification may have a very negative impact on values of properties that have streams.

Another issue is the due process aspect of re-classifying the streambed with no notice to landowners that their land is being taken by the state – a total violation of constitutional principles of law.

And to assess a fine and demand that the property owner tear out the dam without his having been given prior notice that the land is no longer deemed private further violates all notions of due process.

Finally, there is a legal question of whether the land can be declared state property before it has been surveyed and the boundaries defined by the General Land Office.

We need answers about how and why this is happening and who authorized it.

The western Hill country is affected now; if unchecked, it won’t be long before it spreads everywhere in the state where surface water resources are scarce.

TCEQ Response to “TCEQ Takes Private Property Without Notice Or Hearing”

No taking of private property

Zak Covar, Executive Director, TCEQ

Last week’s Menard News and Messenger contained an op-ed, “TCEQ Takes Private Property Without Notice or Hearing,” that contains misleading and incorrect allegations of TCEQ taking private property without due process in Kimble County. The TCEQ would like to respectfully provide additional information to help fully understand the facts of this case.

In the West Bear Creek case cited in the article, the TCEQ initiated an investigation based on an anonymous citizen compliant. The complaint alleged an unauthorized impoundment of state water. An on-site investigation was conducted where an on-stream dam and impoundment were observed and documented. TCEQ records were reviewed for the presence of an active water rights permit authorizing the impoundment of state water. No authorization for the impoundment was found.

Following protocol, TCEQ requested assistance in confirming the navigability of the stream segment from the General Land Office (GLO). The GLO reviewed historical mapping of the stream and other official state records on file for many years. Based on this information, the GLO concluded that the stream segment in question met the definition of a navigable stream. This conclusion did not “reclassify” the stream segment as indicated in the article. Rather the TCEQ was simply verifying the existing navigability status of the segment as part its investigation protocol.

After all information was gathered and evaluated, the TCEQ issued a citation to the responsible party in the West Bear Creek case for impounding state water without a required permit. The TCEQ also offered the responsible party the option of obtaining a water permit to authorize the impoundment of state water. Rather than contesting the assessment of this penalty by requesting an administrative hearing, the responsible party chose to sign the field citation, paid the $875 penalty and then removed the dam. Based on these facts, the complaint investigation is in the process of being closed.

TCEQ takes private property rights seriously and enforces state law and rules accordingly. In this case, no reclassification of navigability status, and no taking of privateproperty occurred.

2012 At a glance.

about, Texas

Heirloom & Co.

2012 Individual Sales
10,588 acres throughout Texas.
$14,635,000 in cash sales.
Special thank you to 2012 Clients…
Commercial, Farm & Ranch, Land Evaluations 
Bank of the Hills (Central Texas)
Comerica Bank (Dallas)
Citizens Bank (Lubbock)
HCSB – Hill Country State Bank (Central Texas)
Amegy Bank (Houston)
First Victoria Bank (Houston)
Security State Bank (Central Texas)
Martin Maritta Aggregates
Kerrville Economic Development
Indianhead Ranch Inc.
Private Individuals

Asset Management: REO and Property Portfolio Management
Amegy Bank
Vineyard Trust
Durham-Hunt Trust




Heirloom & Co. has earned a reputation for representing and purchasing properties of distinction. With a passion for quality and uncompromising attention to detail, Heirloom & Co. focus is real estate investments worthy of passing down to the next generation. The core business of Heirloom & Co. is providing brokerage, management, and advisory services in estate properties, raw land, and commercial investments.

Heirloom & Co. is an independent brokerage and advisor, we are not affiliated with any big-box firms or franchises.  We serve our clients’ best interest and ensure the utmost privacy.

Thomas Thör Peterson

Direct: (830)285-2374

Certifications & Affiliations
TREC Indivicual Broker #528162
CCIM – Certified Commercial Investment Member-2013 Candidate
NAR- BPOR (Broker Price Opinion Resource)
AI- Appraisal Institute: General Appraiser Trainee
Texas Wildlfe Association- Member
Safari Club International- Life Member

The “Fiscal Cliff” deal holds good news for Texas conservation!

Market Analysis, Texas
ImageThe conservation of Texas’ wide open spaces, historic ranch and farm lands, and natural resources got a boost with the renewal of the enhanced tax incentivefor conservation easements in the bill passed last night. The enhanced tax incentive makes the donated  conservation easement feasible for many more of Texas’ ranchers and farmers who want to protect their lands, and in particular for those who make their living from agriculture.
It also appears that the Estate Tax will retain its current $5 million exclusion, which helps families trying to pass land down from one generation to the next. The federal Farm & Ranch Protection Program, through which landowners can sell a conservation easement, has  been  extended through September 30 when Congress must renegotiate the new Farm Bill. And finally, good news for all non-profits: Thecharitable deduction was left largely intactfor now, but with limits for higher-income donors.

Indianhead Ranch FOR SALE


*SOLD 12/17/12*  The legendary Indianhead Ranch in Del Rio, Texas.

Once a well known cattle ranch owned by Lowry Mays & Red McCombs, was converted in the early 1980’s to a trophy exotic and native game estate. The ranch consists of 10,000+/- acres, all under New Zealand style electric fence and includes three miles of Devils River/ Lake Amistad frontage.

Click here for Sales Prospectus

Additional Photo Galleries of the property, click individual links below.

Lodge Gallery

Scenic Views Gallery

Exotic Game Gallery

Youth Camp Gallery

Ladies Retreat Gallery

To arrange for a private viewing of the property please e-mail Thomas Thor Peterson, Broker.

Heirloom & Co. – Real Estate Advisory Firm.

EB-5 US Investment Property


The iconic Indianhead Ranch is available for purchase.

Ranch and business quailfy for EB5 US Immigration Investment visa program for foreign investors.

Click here for the detailed SALES PROSPECTUS   (For easiest navigation of presentation press the pause key on the bottom left of the screen)

Operational business with established lodge and clientele, all livestock and exotic game animals, all operational equipment,  25% mineral rights convey with sale.

The ranch consists of 9,812+/- acres, all under New Zealand style electric fence and includes three miles of Devils River/ Lake Amistad frontage.

The Devil’s River is one of the most beautiful, unspoiled rivers in Texas. It is spring fed and flows over solid limestone, so flows and depth increase as it moves downstream. Water quality is among the very best in the State of Texas.

New survey & financials available for qualifed buyers and their representation – confidentiality agreement required.

Please contact Thomas Thor Peterson, Broker,  for more information!

Also, visit the Heirloom & Co. official website for more information on their real estate advisory services.

Heirloom & Co. properties are investments that produce life long returns. We seek to earn our clients trust as independent & comprehensive real estate advisors. Providing full service analysis, brokerage, and management of real estate investments.