Del Valle property owner left with few options

Thousands of migratory birds invade man's property

Thousands of migratory birds have taken over a Del Valle man's property.

The egrets set up shop in his back yard on Elroy Road about four weeks ago. Already, there are mounds of feces, dozens of dead trees, and a putrid smell that's leading to health problems.

But since the birds are protected by both federal and state law, it's creating a "sticky" situation.

"I love birds, I've always loved birds, but there is nothing to love about this," said David Gibson, who lives on the property.

Frank Bauer has owned the property for decades, but this is the first year the migrating egrets have decided to nest on his property.

Last year, the birds were a mile down the road and completely destroyed Bauer's neighbor's yard.

"It's infringing on my rights," he said. "My rights to fresh air, my rights to trees, so its an invasion."

At least 50 of Bauer's trees are now dead and the foliage on the ground is completely covered in feces. He usually rents out portions of his property to tenants, but he says with the new, unwelcome guests, no one will rent from the property.

"When they destroy property that we pay taxes on that is frustrating, especially when we lose renters too," said Bauer.

Several of his current renters, like David Gibson, are even experiencing health problems from the smell of the waste.

"I can't even walk over there," Gibson said. "I've got COPD and I will gasp and spit and it will just not be a pretty sight."

Bauer says he's tried contacting several state and local agencies only to get the run around.

The Texas Parks and Wildlife Department says the only way to get rid of the birds at this stage of their nesting is to file for a federal permit to have all the trees removed .

The department recommends property owners stop the birds from nesting in the beginning stages to avoid thousands from later flocking to your property.

As for Bauer, he's now stuck with the problem until the birds migrate again. TPWD says disturbing the current habitat will just make for an even worse situation leaving dead birds and eggs behind.

Since the birds are also protected, the federal permit to remove them from their established habitat is a lengthy process.

The egrets are expected to move out of the Austin area by August. Bauer said he's ready for them to leave so he can begin to clean up the big mess left behind.