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The 1871 Bearing Tree in Kyle received a boost from the Hays County Commissioner Court on May 12 when the court unanimously passed a resolution recognizing the historical significance of the LIve Oak and deemed it worthy of preservation and protection.
Located at 1501 North Old Stagecoach Rd., removal of the Bearing Tree has been discussed as part of development and road construction projects in the surrounding area, according to Pct. 3 Commissioner Morgan Hammer, sponsor of the resolution.
“If this tree is recognized by the state as a historical landmark, maybe we have a shot of protecting and saving the tree and rerouting a design,” Hammer said.
While the designation of historical markers is not within the purview of the Commissioners Court, this action could “really start the ball rolling,” according to Kate Johnson, president of Preservation Associates Inc., who spoke at the court in support of the resolution.
Johnson, who served as chair of the Hays County Historical Commission from 1999 to 2022, said Preservation Associates will be applying for a historical marker for the 1871 Bearing Tree, and the Preservation Texas organization will be making a state antiquities landmark for the tree.
The historical significance of the tree dates back to early settlements in this area.
“What makes this tree so remarkable is that it's part of our legal and historical record,” said Johnson. “This very tree is specifically referenced in the deed of the Franke family, marking the historic corner that helped establish and define some of the original land grant boundaries here in Hays County.” The Bearing Tree is currently located on the property of Alton and Deanna Franke.
Not only did the tree witness Texas history, it dates back to the founding of the United States, according to Johnson.
“Thanks to the professional research of Surveyor Kent McMillan, we now know this remarkable tree has likely been growing since 1776, the same year our nation was born,” Johnson said.
Bearing Trees, also known as or “witness trees,” were intentionally marked by early Texas surveyors to permanently identify, reference and preserve original land boundaries during the settlement of Texas, according to the resolution. “Surviving examples in publicly visible locations are exceptionally rare.”
“By recognizing this 1871 Bearing Tree, you are doing more than preserving a tree, you are helping preserve a living connection to the people, the land, and the history that built Hays County,” Johnson said.
Another Live Oak which grew along Old Stagecoach Road gained significant media coverage last year after the Kyle city council approved more than $900,000 to relocate it. The city council initially voted to remove the 400-year-old Porter Oak, but later reversed course following public outcry.
Also known as “Jolene,” the Porter Oak was moved in December of 2025 to city-owned land near the Six Creeks subdivision, which also borders Old Stagecoach Road.
“It is a beautiful tree, and is likely a lot happier now not being so close to the road,” Johnson told the Daily Record. “But it does not have the historical significance of the 1871 Bearing Tree.”
The resolution will be sent to the City of Kyle, Hays County departments, the Texas Historical Commission, and all agencies or entities involved in planning or infrastructure decisions affecting North Old Stagecoach Road.
“The Hays County Commissioners Court declares that every reasonable effort shall be made to preserve, protect, and avoid damage to the 1871 Bearing Tree, its root zone, canopy, surrounding landscape, and associated historic context,” according to the resolution.
