05-12-2012, 02:56 AM
Two years ago today, Joe Del Rio was awakened to find city officials at the door of his lifelong home in East Austin, demanding entry. Before it was over, the Police Department's SWAT team and the Fire Department had been deployed, and Del Rio said he was detained and questioned for about 10 hours because of what officials called a multilevel bunker-like space under the house with suspicious and unusual materials.
After the city billed Del Rio in April for about $90,000 in repairs it said were critical to make the home on Canterbury Street safe, Del Rio sued the City of Austin last week for what his lawyers say was a heavy-handed and unconstitutional seizure of his property without compensation.
"The ordeal they put me through was unnecessary," Del Rio, now 72, said the afternoon before the second anniversary of his forced eviction. "I've gotten the runaround. I think they want the property. Condemning it is a cheap way to get it."
The city released this statement in response to the suit: "The City of Austin has yet to be served with a lawsuit from Mr. Del Rio; however, actions taken by the City at 2006 Canterbury St. were done due to a public safety risk caused by the structure located on the property." (LAIRS)
Del Rio said the space in question started out as a Cold War-era fallout shelter — by no means uncommon at the time — which he later expanded into what he described as a work space when he took possession of the family home.
According to city records, code compliance inspectors visited Del Rio's house in 2008 and 2009 in response to neighbors' complaints about holes. In 2009, records show, he built a retaining wall that he said also elicited a complaint.
Del Rio's description of his questioning by police and city officials in May 2010 suggests that they thought they might have another "Unabomber" on their hands. They questioned why he was shirtless and his hair was messed up. His response was that he had been awakened at 7 a.m. on a Saturday. City crews also found military memorabilia, inoperable hand grenades and a collection of about a dozen firearms in the home. (It's TEXAS, ffs!)
Del Rio's lawyers Monday produced documents stating that Del Rio was a military veteran with a high security clearance who later worked as a part-time security guard for the Austin City Council.
"He guarded the council 22 years, and now nobody's guarding his rights," lawyer Mack Ray Hernandez said.
"They jumped to a conclusion," said his co-counsel, Lou McCreary. "This is a hell of a lot of trouble and angst they've caused our client."
Del Rio also said officials concreted in the basement, fenced and locked the perimeter of the home and removed utility meters, making the house, in its current state, uninhabitable. The suit says that at the time of the seizure, Travis Central Appraisal District records put the house's reasonable fair market value at upward of $172,000.
Del Rio has since bought a condominium in South Austin. Since the seizure, he has been 'allowed' (my finger quotes) to retrieve personal items, although he said the house has been burglarized.
Round Rock structural engineer Jeffrey Tucker, whom Del Rio hired when he was putting in the 9-foot concrete and steel rebar retaining wall, said he inspected the wall and the rest of the house in 2009.
"It appeared it was structurally safe," Tucker said Monday. "I did not see anything that indicated it would fall in."
The Texas Constitution says "no person's property shall be taken, damaged or destroyed without adequate compensation being made, unless by the consent of such person."
http://www.statesman.com/news/local/man-...45041.html
After the city billed Del Rio in April for about $90,000 in repairs it said were critical to make the home on Canterbury Street safe, Del Rio sued the City of Austin last week for what his lawyers say was a heavy-handed and unconstitutional seizure of his property without compensation.
"The ordeal they put me through was unnecessary," Del Rio, now 72, said the afternoon before the second anniversary of his forced eviction. "I've gotten the runaround. I think they want the property. Condemning it is a cheap way to get it."
The city released this statement in response to the suit: "The City of Austin has yet to be served with a lawsuit from Mr. Del Rio; however, actions taken by the City at 2006 Canterbury St. were done due to a public safety risk caused by the structure located on the property." (LAIRS)
Del Rio said the space in question started out as a Cold War-era fallout shelter — by no means uncommon at the time — which he later expanded into what he described as a work space when he took possession of the family home.
According to city records, code compliance inspectors visited Del Rio's house in 2008 and 2009 in response to neighbors' complaints about holes. In 2009, records show, he built a retaining wall that he said also elicited a complaint.
Del Rio's description of his questioning by police and city officials in May 2010 suggests that they thought they might have another "Unabomber" on their hands. They questioned why he was shirtless and his hair was messed up. His response was that he had been awakened at 7 a.m. on a Saturday. City crews also found military memorabilia, inoperable hand grenades and a collection of about a dozen firearms in the home. (It's TEXAS, ffs!)
Del Rio's lawyers Monday produced documents stating that Del Rio was a military veteran with a high security clearance who later worked as a part-time security guard for the Austin City Council.
"He guarded the council 22 years, and now nobody's guarding his rights," lawyer Mack Ray Hernandez said.
"They jumped to a conclusion," said his co-counsel, Lou McCreary. "This is a hell of a lot of trouble and angst they've caused our client."
Del Rio also said officials concreted in the basement, fenced and locked the perimeter of the home and removed utility meters, making the house, in its current state, uninhabitable. The suit says that at the time of the seizure, Travis Central Appraisal District records put the house's reasonable fair market value at upward of $172,000.
Del Rio has since bought a condominium in South Austin. Since the seizure, he has been 'allowed' (my finger quotes) to retrieve personal items, although he said the house has been burglarized.
Round Rock structural engineer Jeffrey Tucker, whom Del Rio hired when he was putting in the 9-foot concrete and steel rebar retaining wall, said he inspected the wall and the rest of the house in 2009.
"It appeared it was structurally safe," Tucker said Monday. "I did not see anything that indicated it would fall in."
The Texas Constitution says "no person's property shall be taken, damaged or destroyed without adequate compensation being made, unless by the consent of such person."
http://www.statesman.com/news/local/man-...45041.html