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Man sues city over seizure of house with underground shelter
Statesman.com ^ | 5/7/12 | Patrick Beach

Posted on 05/09/2012 9:13:13 AM PDT by Kartographer

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.

(Excerpt) Read more at statesman.com ...


TOPICS: Constitution/Conservatism; US: Texas
KEYWORDS: austin; donutwatch
Post in connection to post:

http://www.freerepublic.com/focus/f-bloggers/2881687/posts

1 posted on 05/09/2012 9:13:19 AM PDT by Kartographer
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To: Kartographer

I want my neighbors to be prepared. This guy’s crime is jealousy from scum sucking leaches it seems.


2 posted on 05/09/2012 9:16:32 AM PDT by allmost
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To: Kartographer

Pays to keep your mouth SHUT!

Security is all about what your enemy doesn’t know.


3 posted on 05/09/2012 9:17:36 AM PDT by G Larry (Criminals thrive on the indulgence of society's understanding)
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To: G Larry

It also pays to pay attention to property lines.

Apparently this guy dug under his neighbour’s yard and that’s probably how the city found out.


4 posted on 05/09/2012 9:19:37 AM PDT by Jonty30 (What Islam and secularism have in common is that they are both death cults.)
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To: Kartographer

Superficially, I want to see what pretrial discovery turns up.


5 posted on 05/09/2012 9:21:32 AM PDT by Truth29
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To: Kartographer

“...collection of about a dozen firearms...”

At least they called it a collection and not an arsenal.


6 posted on 05/09/2012 9:22:14 AM PDT by KrisKrinkle (Blessed be those who know the depth and breadth of their ignorance. Cursed be those who don't.)
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To: Jonty30

He trespassed?


7 posted on 05/09/2012 9:23:39 AM PDT by allmost
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To: Kartographer
Some pictures for context:

Looks like another massive governmental over-reach. Par for the course these days.

8 posted on 05/09/2012 9:23:43 AM PDT by Mycroft Holmes (<= Mash name for HTML Xampp PHP C JavaScript primer)
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To: G Larry

Kind of hard to hide all your preparedness from neighbors;they will somewhat rightfully be suspicious of concealed digging.

If someone had noticed or reported John Wayne Gacy and a few others odd excavating there might have been less unsolved murders.


9 posted on 05/09/2012 9:26:14 AM PDT by hoosierham (Freedom isn't free)
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To: Kartographer

Spunds like most husbands...I can do it myself.


10 posted on 05/09/2012 9:26:28 AM PDT by TribalPrincess2U (Criminaliens or Crimigrants...0bamao's people?)
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To: Mycroft Holmes

Those pics are useless, Pancake on a bunny head kind of bullshit. He went straight down?


11 posted on 05/09/2012 9:26:37 AM PDT by allmost
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To: Mycroft Holmes

I’d rather take my chances with the S hitting the F topside than to hide out in that... *shelter*. Yuck.

Hope that standard of shelter construction isn’t par for the course for serious preppers.


12 posted on 05/09/2012 9:28:14 AM PDT by Nervous Tick (Trust in God, but row away from the rocks!)
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To: Kartographer
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.

Yep looking for reasons because they didn't really have one to start with.

13 posted on 05/09/2012 9:28:50 AM PDT by Domandred (Fdisk, format, and reinstall the entire .gov system.)
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To: Mycroft Holmes

Crimaliens do this under our border ...and get in less trouble for it.


14 posted on 05/09/2012 9:29:15 AM PDT by TurboZamboni (Looting the future to bribe the present)
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To: Jonty30

[ It also pays to pay attention to property lines.

Apparently this guy dug under his neighbour’s yard and that’s probably how the city found out. ]

Then it should be between him and his neighbor with the government arresting him/ fining him on behalf of his neighbor, not as a function of the government into itself.


15 posted on 05/09/2012 9:29:55 AM PDT by GraceG
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To: Mycroft Holmes
I was going to say, “What sort of person ratted out his neighbor on this?”

But, at the source, there is a time line.
Apparently this has been an on-going issue since 2008. It wasn't a sudden thing.

Not that I'm all that crazy about forcing people to get permits to work on their houses, either. As long as they're not creating a public nuisance, who cares?

16 posted on 05/09/2012 9:30:13 AM PDT by Little Ray (FOR the best Conservative in the Primary; AGAINST Obama in the General.)
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To: Little Ray

Undercutting a neighbor’s house is pretty screwed up.


17 posted on 05/09/2012 9:37:22 AM PDT by allmost
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To: Nervous Tick
I’d rather take my chances with the S hitting the F topside than to hide out in that... *shelter*. Yuck.

Really. I would rather go and live out in the woods.

18 posted on 05/09/2012 9:38:37 AM PDT by trailhkr1 (All you need to know about Zimmerman, innocent = riots, manslaughter = riots, guilty = riots)
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To: TribalPrincess2U
Sounds like most husbands...I can do it myself.


19 posted on 05/09/2012 9:39:22 AM PDT by Nervous Tick (Trust in God, but row away from the rocks!)
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To: GraceG
Then it should be between him and his neighbor with the government arresting him/ fining him on behalf of his neighbor, not as a function of the government into itself.

Maybe he told the neighbor to go pound sand?????. If a neighbor was going this on my property and did not stop after beig told to I would be calling the authorities also.

20 posted on 05/09/2012 9:40:23 AM PDT by trailhkr1 (All you need to know about Zimmerman, innocent = riots, manslaughter = riots, guilty = riots)
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To: Jonty30
It also pays to pay attention to property lines. Apparently this guy dug under his neighbour’s yard and that’s probably how the city found out.

Do you have inside information not presented in the article?

I see nothing in this schematic indicating that there was even an inch excavated that wasn't directly underneath his own house...

"two 55- gallon drums found" - geese, I have two of those that I got with intentions of converting to rain barrels. (note they didn't find anything IN THE DRUMS!) Guess I'd better get rid of mine before I make headlines.)

On what basis did they have the right to fill up that space with concrete and put him out of his home? He worked security for the town council for 22 years. Did he 'pee' someone off? sounds like a petty get-even abuse of power. Maybe he thwarted some lucrative schemes?

They totally took away his house and rendered it worthless.


21 posted on 05/09/2012 9:40:49 AM PDT by maine-iac7
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To: Nervous Tick

LOL


22 posted on 05/09/2012 9:41:37 AM PDT by TribalPrincess2U (Criminaliens or Crimigrants...0bamao's people?)
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To: allmost

Please point out where it says that he undercut his neighbor’s house.


23 posted on 05/09/2012 9:45:05 AM PDT by Kartographer ("We mutually pledge to each other our lives, our fortunes and our sacred honor.")
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To: Nervous Tick

Not hardly. My 40ft x 20ft SU (Safe Unit) is quite different:

http://www.atlassurvivalshelters.com/aboutus/nbc/backyard/

Scroll down to get an idea of what it can look like.


24 posted on 05/09/2012 9:46:38 AM PDT by carriage_hill (((.)))
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To: Kartographer

Here’s the problem with building a shelter with a bunch of neighbors around.

The Twilight Zone - The Shelter
http://www.youtube.com/watch?v=zSwrIy4IwoU


25 posted on 05/09/2012 9:47:06 AM PDT by dfwgator (Don't wake up in a roadside ditch. Get rid of Romney.)
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To: Mycroft Holmes

Some of those photographs look to be of construction techniques very common to obamavilles all across the country. Tried and true.


26 posted on 05/09/2012 9:57:15 AM PDT by RobinOfKingston (The instinct toward liberalism is located in the part of the brain called the rectal lobe.)
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To: maine-iac7; Mycroft Holmes; Kartographer
Looks like the design for that house that was in Silence of the Lambs - complete with the pit at the bottom.
27 posted on 05/09/2012 9:59:44 AM PDT by wideminded
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To: Nervous Tick
LOL...

My wife gave me that exact card a few years ago.

I framed it and put it next to the shop entrance...see it every day. 8-)

28 posted on 05/09/2012 10:00:11 AM PDT by and so? (If it angers you, a sarcasm or irony tag after everything I post should be assumed)
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To: Kartographer

OMG - He had firearms, car batteries, propane tanks, inert grenades and a hole!

What horrors lurk in the garages of Americans everywhere?


29 posted on 05/09/2012 10:01:00 AM PDT by SampleMan (Feral Humans are the refuse of socialism.)
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To: maine-iac7

Why do they call it a complex? Why not make it sound more sinister and call it a compound?


30 posted on 05/09/2012 10:01:42 AM PDT by Jack Hydrazine (It's the end of the world as we know it and I feel fine!)
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To: allmost

Exactly! There is a lot more to it than the part we read shows.


31 posted on 05/09/2012 10:03:25 AM PDT by Little Ray (FOR the best Conservative in the Primary; AGAINST Obama in the General.)
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To: Kartographer
I don't know. That's an aweful slim property line to go that deep though. What do you think?
32 posted on 05/09/2012 10:06:06 AM PDT by allmost
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To: allmost

I wouldn’t do it, but it’s not my property, but if you look at the pictures I don’t see any part of the bunk that could possible be larger than the house.


33 posted on 05/09/2012 10:11:37 AM PDT by Kartographer ("We mutually pledge to each other our lives, our fortunes and our sacred honor.")
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To: maine-iac7; Mycroft Holmes; Kartographer

BTW there was an article that came out recently about a new trend for wealthy people to build modest-looking homes with extensive underground facilities. Apparently one of the owners of such a home is Mitt Romney.


34 posted on 05/09/2012 10:11:52 AM PDT by wideminded
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To: All

Hey, two 55 gallon drums for rain water harvesting.

Lead acid batteries as part of his future solar system.

They should have given him a green house award...:^)


35 posted on 05/09/2012 10:12:19 AM PDT by az_gila
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To: Kartographer
I first thought this was a nusiance neighbor issue, but there is no room to go down from the pic. If he's got land in the back maybe but that's tight. Pissed off neighbors. Guy should have been quiet about it in any case.
36 posted on 05/09/2012 10:17:47 AM PDT by allmost
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To: Little Ray

> I was going to say, “What sort of person ratted out his neighbor on this?”

You wouldn’t believe how petty some neighbors can be.
My next door neighbor neighbor filed a complaint against me, because my wife maintained a bird feeder. The complaint stated that the birds were too noisy for allow him to sleep on Sunday mornings. I had to pay a $75 dollar fine for maintaining a vermin attractor and I had to remove the bird feeder. (By the way, there are no rats in my neighborhood complements of the 13 cats on just my block alone.)


37 posted on 05/09/2012 10:20:20 AM PDT by BuffaloJack (End Obama's War On Freedom.)
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To: Kartographer

Loose lips sink ships.


38 posted on 05/09/2012 10:26:03 AM PDT by Manic_Episode (Politics is fake. I think it's owned by Vince Mcmahon)
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To: BuffaloJack
You wouldn’t believe how petty some neighbors can be.

Bump.
39 posted on 05/09/2012 10:32:08 AM PDT by allmost
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To: BuffaloJack

Well, that stinks. It would take a lot more than bird song to bother me, but my mother has a similar problem. Just one bird, who chirps his song every day from dawn to dusk. Loudly. Didn’t bother me, but I was only there a few hours...

I had remove a humming bird feeder but that was because my cats learned to how to catch them. They got one, and I rescued another, so the feeder went.

Pity. I loved watching the hummingbirds.


40 posted on 05/09/2012 10:39:05 AM PDT by Little Ray (FOR the best Conservative in the Primary; AGAINST Obama in the General.)
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To: hoosierham

Thanks to the pics in post #8, I withdraw my statements.

Over-stimulated & under resourced.....(homeowner....not me!)


41 posted on 05/09/2012 11:07:26 AM PDT by G Larry (Criminals thrive on the indulgence of society's understanding)
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To: BuffaloJack

I think I might be tempted to throw a handful of birdseed under the guys window on the occasional evening.


42 posted on 05/09/2012 11:23:26 AM PDT by TangoLimaSierra (To the left the truth looks like Right-Wing extremism.)
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To: KrisKrinkle
...collection of about a dozen firearms...

So what? Here in Texas he could have a 1,000 guns all loaded and none registered (all acquired from private sellers) and still be within the law. I actually feel sorry for him having only a dozen or so.

43 posted on 05/09/2012 11:51:24 AM PDT by TexasRedeye
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To: carriage_hill

Wow! Very nice.


44 posted on 05/09/2012 2:07:08 PM PDT by Nervous Tick (Trust in God, but row away from the rocks!)
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For later.


45 posted on 05/09/2012 2:36:28 PM PDT by Eaker (When somebody hands you your arse, don't give it back saying "This needs a little more tenderizing.")
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To: Kartographer
As a resident of the People's Republik of Austin, I'd posit a somewhat different scenario:

Del Rio inherits the house, with a 50s or 60s era "bomb shelter." He expands on it some (before the age of required permits for storage sheds, doghouses, birdfeeders and rain gauges, and restrictions even on using collected rainwater for your plants), puts in air conditioning, and buys some legal firearms during that time. Hey, it's not that great a neighborhood...

Someone tells the Po-leece that he's got "a bunker, and guns, and suspicious barrels" and APD calls out the SWAT team, and the Bomb Squad, and a Central Command Post, and the Fire Department, and, finally, the code-enforcers (got to have some probably cause, ya know). "Hey, this could be bigger than Waco!"

One dynamic entry later, they realize that they've got a 72-year-old law abiding citizen, retired Air Force Reservist and former City of Austin employee, a harmless hole in the ground, legal guns, empty barrels, and lots of egg on their collective face.

From there on out, it's pure police-state CYA.

"The building's going to cave in tomorrow! Fill his basement with four or five truckloads of concrete!" (Er, 'scuse me, uh, it hasn't fallen in yet, after all these years -- what's the rush?)

"Old car batteries present a hazard! Build a $10,000 double chain-link fence and put scary signs on it!"

"Don't forget to cut off the electricity and water and evict him, then send the guy a bill for the whole screw-up and dare him to sue us."

I'm an ex-cop, and generally "pro-police," but you only have to be on-scene at an everyday automobile accident investigation here to see that APD is "us versus them" on way too many steroids. We're all guilty until proven innocent, and then just suspicious...

46 posted on 05/09/2012 10:55:05 PM PDT by umbagi (ABO, y'all)
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To: wideminded
there was an article that came out recently about a new trend for wealthy people to build modest-looking homes with extensive underground facilities

An attempt to reduce the property tax assessment perhaps?

47 posted on 05/14/2012 8:38:56 AM PDT by Cowman (How can the IRS seize property without a warrant if the 4th amendment still stands?)
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To: Cowman

I don’t see where he did anything wrong. He even hired a structural engineer to verify if a retaining wall design was required and the PE didn’t think the house structure was unsound.

Only thing abnormal was the owner had been a security guard for the Austin City Council and had retired from that job.

It appears the structure was built directly beneath his house and not directly under the foundation stemwalls or their surcharge.


48 posted on 03/30/2013 3:37:27 PM PDT by Cvengr (Adversity in life and death is inevitable. Thru faith in Christ, stress is optional.)
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To: Nervous Tick
From that to this, in just few short years   8^]


             

49 posted on 03/30/2013 3:45:29 PM PDT by tomkat
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