Empowering the Texans - Essay Example

The residents of Granbury and its surrounding regions suffer from low water levels that have negative effects on property valuation. This situation is unlawful as the crisis was caused by selfish administrators who have caused artificial drought to benefit at the expense of innocent people.
According to company law, the Morris Sheppard hydroelectric power plant was operated in the interest of the residents and conducted its operations within the powers stipulated by the authorities. The society had total benefits in plenty of supply and beautiful scenery. The plant opened various business opportunities for recreation and property maintenance. The plant was acting within the law in providing a basic commodity and enhancing business development.
Conflict of interest existed between the plant and the Brazos River Authority as the level maintained prevented the Brazos River Authority from selling amounts of water, resulting in low profit for the Authority. In the law, BRA has an action against Morris Sheppard for preventing and hindering it from gaining profits. The authority is, however, not justified to take drastic measures such as draining the lake to maximize profits as this will cause negative consequences to the public.
The contract to purchase shares as noted by Phil Ford is null and void due to a conflict of interest therein, the contract may be rescinded at the option of the innocent party, where the mistake of concealing personal interest was unilateral. It is also unlawful for BRA to lobby for ways to sell the buffer zone using Jim Keffer as he represents other counties. Finding ways of releasing the land is malicious and legal action is taken against RBA for tortious liability in malice and fraud against the public. The sale of the land doesn't protect the interests of the people of Granbury and its surrounding.

The acquisition and privatization of TXU limited through a tender offer was harsh though lawful. The closure of the Morris Sheppard hydroelectric plant by declaring the equipment to be obsolete was ultra-vires. RBA acted outside its authority since the plant had outstanding bonds and funds within the Authority that could be used to update the equipment (O'Neal, 2000). The Federal Electric Regulation Commission had also inspected the equipment and found it relevant. The objection by Luminant against Permit 5851 was appropriate and lawful in the context of public policy as RBA would sell water to Luminant and the needed water level maintained
According to the sale of lands law, the passing of bill 3031 was unlawful. It facilitated the unlawful closure of the Morris Sheppard plant by selling the buffer zone. Such an act prevented FERC from bringing an action in court for damages and injunction (preventing RBA from selling the land and closing the Moris Sheppard plant). Measures taken by RBA to make their decision permanent were corrupt and fraudulent. Though the Brazos Cooperative lost its lawsuit against the Authority, this does not imply that justice is served. Constitutional immunity at times may lead to no justice at all for the claimants.

The sale of lands law declares it a crime to sell public land at a discount for selfish gains against the public. The Authority and Jim Keffer committed an offense in public law and the law of the agency as trustees of public land by selling the buffer zone at a very low price of $ 52 million against its market value of $150 million. The state may bring an action in court against the two for misuse of agency rights and damages for the improper sale of public property for personal gains (Blevins, 2003).
As water levels went considerably low and the drought set in, BRA sent the water level lower to the two lakes by negligently selling a huge amount of water to a chemical company. The action was negligence as any normal ordinary person may not have sold the water while there was a huge shortage that was causing a drought. An action may is taken against the Authority in tortious liability for acting negligently where they had a care duty (Winter, 2001).
Presently, the water levels dropped below normal levels. Future anticipation is that this crisis will cause property appraisals to reduce, increase taxes and reduce income to property owners. The inhabitants may bring a lawsuit against BRA and associates for endangering their lives and livelihoods. They may sue for damages against lost income through a negative appraisal of their property. The lobby groups formed to fight the River Alliance getting the consent for permit 5851 is a healthy move to keep the authority in check and loosen up sovereignty immunity that at times may prevent justice. Such lobby groups that fight for the rights of people facilitate attaining justice and constitutional rights (Keffer, 2004). Read More