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Re: What is a "tract" for purposes of the 10-acre rule?
Posted: Sat Mar 03, 2018 5:53 pm
by flechero
If I were in your shoes,
I would survey off 1 acre each for your homestead in your individual names and then jointly hold the other 10 (hopefully 10.01 ac. or more JIC) You can form a simple partnership for the 10 acres with a first right buyout clause for each other. It willprobably only cost you a few hundred bucks at the local attorney's office. That keeps your homes separate and your rec property squeaky clean for the county/city.
A "tract" in real estate terms is more like a "piece"... as in a single piece of land...or contiguous pieces of same ownership assembled by one owner. That's why I would jointly hold the 10 acres... otherwise you'd need an exception from the city/county for
abutting properties which may be unlikely in today's climate.
Good Luck!!! Hope it works out- I love having a home range!!!
Re: What is a "tract" for purposes of the 10-acre rule?
Posted: Sat Mar 03, 2018 6:10 pm
by Keith B
Mdcanon wrote:We live outside any jurisdiction,city,town or incorporated area...We own over 10 acres..
Recently, a individual purchased 11 acres behind us.. Right away, he and some friends started shooting off high powered rifles..
I drove over there to introduce myself.
I first noticed they were Shooting with A-R 15 Rifle at a Bumper and at Bottles suspended 4 feet off the ground tied on a make shift horse..I jokingly told the Owner I did not want to get shot,so they moved the targets in the other direction..
The noise was deafening..
My question is under Statue Sec.229.002 the Regulation states on 10 acres you can shot with a shotgun,pistol ,bow, bob gun etc.
It states that you have to own over 50 acres to fire a Rifle or high caliber firearm.
Can they fire off a AR -15 on 10 acres or more or do they have to adhere to the sec.229.002 regulation?
Can the County rule that they can fire a AR-15 on 10 acres or more.
Personally, they can shoot all they want using a lower caliber pistol but using these Rifles are very dangerous especially
When shooting at a target off the ground ,plus we live close by.
I possess a LTC over 10 years ..
Welcome to the forum.
You must have 10 acres for shotgun, air rifle/pistol, BB gun or bow and arrow.
You must have 50 acres for a rim-fire or center-fire pistol or rifle. They are breaking the law and need to be told to cease and desist their shooting on that small a tract.
Re: What is a "tract" for purposes of the 10-acre rule?
Posted: Sat Mar 03, 2018 7:18 pm
by mescobar_rpls
I would recommend NOT cutting your tracts of land into anything smaller then what you already have. The Texas Local Government Code, Chapter 232 prohibits the subdivision of land into tracts of 10 acres or less that is outside municipal city limits without the platting of the property. Platting the property can cost (depending where you live) upwards of $10k.
This statute is typically enforced when you pull permits (i.e. septic). And just dont think of what you are planning on doing. Think of what your successors would do when you sell, or pass on.
Miguel A Escobar, RPLS, LSLS.
Re: What is a "tract" for purposes of the 10-acre rule?
Posted: Sat Mar 03, 2018 7:37 pm
by NNT
Keith B wrote:Mdcanon wrote:We live outside any jurisdiction,city,town or incorporated area...We own over 10 acres..
Recently, a individual purchased 11 acres behind us.. Right away, he and some friends started shooting off high powered rifles..
I drove over there to introduce myself.
I first noticed they were Shooting with A-R 15 Rifle at a Bumper and at Bottles suspended 4 feet off the ground tied on a make shift horse..I jokingly told the Owner I did not want to get shot,so they moved the targets in the other direction..
The noise was deafening..
My question is under Statue Sec.229.002 the Regulation states on 10 acres you can shot with a shotgun,pistol ,bow, bob gun etc.
It states that you have to own over 50 acres to fire a Rifle or high caliber firearm.
Can they fire off a AR -15 on 10 acres or more or do they have to adhere to the sec.229.002 regulation?
Can the County rule that they can fire a AR-15 on 10 acres or more.
Personally, they can shoot all they want using a lower caliber pistol but using these Rifles are very dangerous especially
When shooting at a target off the ground ,plus we live close by.
I possess a LTC over 10 years ..
Welcome to the forum.
You must have 10 acres for shotgun, air rifle/pistol, BB gun or bow and arrow.
You must have 50 acres for a rim-fire or center-fire pistol or rifle. They are breaking the law and need to be told to cease and desist their shooting on that small a tract.
In my area the county declared 5 acres legal to shoot. I think the law is to stop gov from banning shooting if you have at least 10/50 acres, not a min to have to shoot. No law against it locally, you can shoot on less. ?
Re: What is a "tract" for purposes of the 10-acre rule?
Posted: Sat Mar 03, 2018 10:16 pm
by jmorris
Jumping Frog wrote:C-dub wrote:With only 10 or 15 acres I can shoot my shotgun, but can't shoot my handguns or rifles unless I have 50+ acres? That complicates my plans. A bunch!
It isn't about firearm type.
It is about incorporated land versus unincorporated land: you need 10 acres out in the country (unincorporated land) versus 50 acres inside a city limit (incorporated land).
Read the law as the op posted above. Both apply within a municipality or ETJ. C-dub is right. In the county the limit is that it must not leave your property.
Re: What is a "tract" for purposes of the 10-acre rule?
Posted: Sun Mar 04, 2018 1:37 am
by Mdcanon
I do appreciate this information..Under Penal CodeTitle 9 Chapter 42 disorderly conduct, another option would be that the Shooting would exceed a certain decimal?
I did contact the Sheriff Department regarding firing a Rifle on 10 acres and they said ,if you own 10 acres or more you can shoot any caliber? He did make the statement (as far as he knew)Can the Commissioner Court overrule the 1981 Statue?
With all this information,I went ahead and emailed our County Commissioner explaining the situation..
We were in the process of Building a House when all this happened..
Re: What is a "tract" for purposes of the 10-acre rule?
Posted: Sun Mar 04, 2018 12:23 pm
by LDB415
I can see most air guns and shotguns shooting pellets if one is at one edge of 10 acres shooting toward the far edge but anything primer fired is going to carry across many 10 acre tracts and still be going strong. I wouldn't want some idiots shooting AR's and other things at targets a few feet off the ground unless they were maybe at one corner of 1000 acres shooting toward the other corner and even that's iffy.
Others have mentioned holding 10.x acres jointly and that may be the best solution. A good real estate attorney is probably a good idea. Good luck figuring/working it all out.
Re: What is a "tract" for purposes of the 10-acre rule?
Posted: Sun Mar 04, 2018 5:16 pm
by Mdcanon
Over the Years, I have learned, when it comes to a specific question in the resolution of any matter our local Government
Becomes confused? As Tax payers, we are entitled to just a little more assistance...
Re: What is a "tract" for purposes of the 10-acre rule?
Posted: Sun Mar 04, 2018 7:10 pm
by apostate
bigtek wrote:If you think they're breaking the law, call the county sheriff office.
This.
Re: What is a "tract" for purposes of the 10-acre rule?
Posted: Mon Mar 05, 2018 12:54 am
by lws380
If I'm not mistaken, it is already illegal to shoot across a property line, no matter how much land you have.
Re: What is a "tract" for purposes of the 10-acre rule?
Posted: Mon Mar 05, 2018 7:21 pm
by Mdcanon
Statue 229.002 is not applicable beyond the City,Town,,and or ETJ jurisdictions... Out in the rural areas or in the Country you can
Shoot as long as you own over 10 acres...At least,in our County...
Re: What is a "tract" for purposes of the 10-acre rule?
Posted: Mon Mar 05, 2018 7:31 pm
by ninjabread
Good to know. Now what about the other 253 counties in Texas?
Re: What is a "tract" for purposes of the 10-acre rule?
Posted: Mon Mar 05, 2018 9:20 pm
by jmorris
Mdcanon wrote:Statue 229.002 is not applicable beyond the City,Town,,and or ETJ jurisdictions... Out in the rural areas or in the Country you can
Shoot as long as you own over 10 acres...At least,in our County...
Since, as I understand it, Texas counties can't enact ordinances how do they impose the 10 acre rule?