Brown McCarroll Attorneys at Law

Conserving water and preserving our land is critical for the survival and quality of life of future generations. We each have a role, but some conservation opportunities, especially those encountered by landowners and developers, are not without challenges. Whether you are interested in conserving your land or protecting or obtaining water rights, Brown McCarroll's water and land conservation team is well-positioned to help you achieve your goals. 

The conservation and protection of Texas' natural resources requires experience across a range of fields.  With offices across Texas, Brown McCarroll has the depth and breadth in real estate, water law, estate planning, tax and dispute resolution necessary to serve your needs.

Water Rights

Obtaining and retaining a reliable source of water can be a key consideration for any landowner, developer or business. Whether you are facing surface water, groundwater, wastewater or water reclamation issues, we can help. From water rights to permitting to enforcement actions or contested proceedings, our attorneys have helped clients move forward with their projects, and have represented clients before such agencies as the EPA, TCEQ, and the Texas Water Development Board.

Conservation Easements

The sale or donation of a conservation easement may provide landowners with federal and/or state tax advantages and reduce the estate tax burden on beneficiaries. But the creation and sale of an easement requires careful consideration. What restrictions are you comfortable placing on your land and how can you protect yourself from unforeseen consequences of an easement? Our attorneys provide counsel on the benefits, requirements and process of placing a conservation easement on your property. We work with you to create an easement that accomplishes your conservation and tax goals while limiting the restrictions on your property.

Mitigation Banks

The use of mitigation banks to offset unavoidable impacts on wetlands has become increasingly popular in recent years. We have also seen increasing interest in mitigation banks for endangered species. Whether you need advice on purchasing mitigation credits, or assistance in establishing a mitigation bank on your land, our attorneys can help.

Estate Planning/Tax

The estate you have built represents an investment of your energy and resources over a lifetime or even generations. Families that we represent who are interested in water and land conservation typically view their land very differently than their other assets. And, often their most important estate planning goal is to pass their land on intact to future generations. Even though this goal raises many challenging issues that are unique and personal to each family, one common challenge that all such families have is the federal estate tax. Our estate planning attorneys are skilled in generational wealth transfer, charitable gift planning, business succession planning, and asset protection and have developed multiple techniques to enable families to accomplish their estate planning goals and minimize their federal estate tax liability. Whether your estate is large or small, you can be assured of a plan tailored to your individual needs and life goals.