Home Buyers Beware: Will that Green Space Behind You Remain Green?

12/20/2025 – People pay a premium to live near green space. But will the promises made during a sale be kept? Will that green space remain green, or will it be gobbled up by more development in the future? Here’s a guide to language that should raise red flags when looking at development plans, sales contracts, and public documents. Words can imply one thing, but not be legally binding. So, buyer beware.

The Proximity Premium that Vanishes

Many developers who build in or near floodplains promise early buyers that the green space around them will be “designated as” parks and is “intended for” recreational use.

A review of 33 studies found that properties near green space command a premium of 8–10%. Another study suggests the “proximity premium” may be as high as 20%.

But developers’ plans can change. And the home buyer’s beautiful view disappears. And remember, wetlands may no longer guarantee that land cannot be developed.

Why Developers May Leave Green Space Initially

There are also several regulator reasons why developers may leave large swaths of green space in their original plans. They communicate:

• The project provides regional flood storage
• Downstream impacts are minimized
• Remaining land functions as mitigation, not loss.

Framing plans this way also:

• Reduces perceived flood risk
• Reduces organized opposition
• Narrows legal exposure
• Makes the project sound less aggressive.

This is standard practice on controversial floodplain projects according to flood experts I have interviewed.

But Will Green Space Remain Forever?

Many developers promise green space. But will it remain green forever?

Scarborough in MoCo

A Dallas-based developer named Scarborough recently purchased 5000+ acres west of Kingwood through a subsidiary called San Jacinto Preserve. Most of it is in floodplains and floodways. Their president, Ryan Burkhardt says they only “plan” to develop 38% of the land. He repeatedly emphasized that more than half of his land will be used as green space.

But he ALSO does not plan to put a conservation easement on the green space. Nor is he donating the green space to the City, County or State. This is typical.

I don’t care to cast aspersions on Burkhardt’s integrity. He was brave in returning my phone call and seemed quite candid. But to me, those are red flags. It follows a recurring pattern. For instance…

Signorelli in Commons of Lake Houston

In Huffman, Signorelli reportedly promised buyers in The Commons of Lake Houston that the floodplain land around them would remain green space for community recreational purposes, such as hiking and horseback riding. But now, the company is trying to turn a large part of that floodplain land into more homesites. Signorelli has fought the City of Houston for ten years all the way to the Texas Supreme Court for the right to do so.

Holley in Royal Shores

Also on the East Fork, on the Kingwood side of the river, Friendswood sat on land in Royal Shores that people used for hiking for more than 30 years. Then they sold it to developer Ron Holley earlier this year. One hundred percent of the land is in floodplains.

Wetlands occupy much of it. Wetlands used to deter development, but those rules could soon change.

Friendswood tried to develop this land for years before selling it to Holley. Here’s what the land just north of there looks like.

Friendswood gave East End Park to the Kingwood Service Association in 1988 to preserve it for the community. It is NOT in danger of being developed. However, Friendswood retained control of their Royal Shores green space until they sold it to Holley. And now nearby residents may lose their recreational area.

Recognize the Red Flags that Could Undermine Your Home Value

How can you be certain green space around you will remain green and not be developed in the future? Some hints:

1. Ask for legal guarantees in the form of conservation easements or deeds donating the land to a City, County or State as public parkland. If they don’t exist, be wary.
2. Be wary of what advertisers call “weasel words.” If a developer says he “plans on” leaving land as green space, that gives him a legal out if plans change. Same with “intends to.”
3. Look for designations on maps with words like “Buffer,” “Reserve,” “Future Phase,” “Drainage Reserve,” or “Open Space.” Such words have no legal or regulatory definitions.
4. If the land is dedicated to an HOA or POA, who controls the entity? The developer? If so, he can dedicate it for something else when he’s ready to develop the land.
5. Do you see maps from Commissioners Court saying things like “subject to future engineering review”?
6. Does the appraisal district classify any of the land as “livable” or “usable”?
7. Is there a binding commitment to Commissioners Court ensuring permanent floodplain storage or a conservation function?
8. Do deed restrictions explicitly prohibit future fill or structures?
9. Are there special appraisals on the land such as “timber” or “wildlife” that minimize the developer’s carrying costs?

Here are two checklists with even more warning signs to look for:

• One is geared to Montgomery County Engineering Department and Commissioners Court reviews.
• The other is more general.

Use them to make sure someone doesn’t try to turn “your” promised green space into greenbacks.

Posted by Bob Rehak on 12/20/25

3035 Days since Hurricane Harvey

The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.