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Texas LAND Spring 2013

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MARKET REPORT<br />

R e g i o n 6 : S o u t h T e x a s<br />

Leading into January <strong>2013</strong>, the last quarter of 2012 was met by a<br />

number of anxious farm and ranch owners. Several aspects of change<br />

contributed to uncertainty including the 2012 Presidential Election,<br />

and pending changes with regard to estate tax levels and the increase<br />

in capital gains taxes. With the expected fiscal cliff coming at the end<br />

of the year, many owners engaged estate planning measures by gifting<br />

ranch interests to their children or in some cases selling ranches before<br />

the end of the year to avoid the increase in capital gains taxes. The<br />

largest transfer of wealth in many generations likely took place at<br />

the end of the year to capture the lifetime Estate Tax exclusion of<br />

$5,120,000 per person. In essence, a husband and a wife could each<br />

gift up to $5,120,000 in value or $10,240,000 total. For estate<br />

planning purposes, many ranches were placed into Family Limited<br />

Partnerships before the end of the year with the interests being gifted<br />

to future generations. Attorneys, accountants, real estate and business<br />

appraisers specializing in gift and estate planning were busy at historic<br />

levels. Transaction support professionals including brokers, bankers,<br />

title company personnel and surveyors were also very busy at the end<br />

of the year making the year end transactions.<br />

T h e l a r g e s t t r a n s f e r o f w e a lt h i n<br />

m a n y g e n e r at i o n s l i k e ly t o o k p l a c e<br />

at t h e e n d o f t h e y e a r t o c a p t u r e<br />

t h e l i f e t i m e E s t at e T a x e x c l u s i o n o f<br />

$ 5 , 1 2 0 , 0 0 0 p e r p e r s o n . I n e s s e n c e , a<br />

h u s b a n d a n d a w i f e c o u l d e a c h g i f t u p<br />

t o $ 5 , 1 2 0 , 0 0 0 i n va l u e o r $ 1 0 , 2 4 0 , 0 0 0<br />

t o t a l . F o r e s t at e p l a n n i n g p u r p o s e s ,<br />

m a n y r a n c h e s w e r e p l a c e d i n t o F a m i ly<br />

L i m i t e d P a r t n e r s h i p s b e f o r e t h e e n d<br />

o f t h e y e a r w i t h t h e i n t e r e s t s b e i n g<br />

g i f t e d t o f u t u r e g e n e r at i o n s .<br />

A number of sellers marketed ranches at the end of the year determined<br />

to sell with lower capital gains rates. Price discounts were offered<br />

to some buyers willing to close before the end of the year. We are<br />

aware of several ranches that sold at the end of the year with short<br />

term seller financing until permanent traditional financing could be<br />

obtained. Prices may have softened for a short term at the end of the<br />

year in certain cases due to the motivation of selling before the end of<br />

the year. Most sellers took into account what the equivalent sale price<br />

would be before and after the first of the year considering the change<br />

in capital gains taxes. In some cases existing owners sold ranches<br />

earlier in the year only to find and close replacement ranches before<br />

the end of the year. Tax deferred exchanges will likely remain popular.<br />

With the Eagle Ford Shale boom, it continues to be very difficult to<br />

acquire minerals in the Eagle Ford area unless at a substantial price<br />

per net mineral acre is paid. We are aware of unsolicited offers on<br />

nonproducing but leased minerals at aggressive pricing. Most sellers<br />

in South <strong>Texas</strong> are reluctant to give up any minerals betting on the<br />

chance for production in the future. If minerals are offered with surface,<br />

the minerals substantially raise the overall price per acre in some cases<br />

eclipsing the surface value.<br />

The boundaries of the Eagle Ford are becoming more narrowly defined.<br />

A number of oil and gas wells are being drilled by the operators to<br />

hold the leases which may be nearing the end of their term. Marginal<br />

wells may be steering producers to areas with better prospects. Other<br />

formations including the Pearsall Shale and the Buda are perking the<br />

interest of many area mineral owners and producers alike.<br />

Sales of ranches over the perceived fringe of the Eagle Ford (out of the<br />

“fairway”) are in demand and likely have increased in value. However,<br />

ranches over the main Eagle Ford production areas offered surface<br />

estate only with mineral production and daily oil and gas traffic are<br />

met with market resistance. These ranches are hard to sell and if they<br />

did sell, they likely are sold at a discount due to the oil and gas activity.<br />

Market activity appears to improving. Ranch buyers continue to look at<br />

new ranch product once it comes on the market.<br />

Merrill E. Swanson, ARA<br />

Duggar, Canaday, Grafe, Inc<br />

210.227.6229<br />

meswanson@dcgappraisers.net<br />

111 Soledad, Suite 800 | San Antonio, <strong>Texas</strong> 78205<br />

54 SPRING <strong>2013</strong>

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