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72-Year-Old Suing City of Austin for Seizing His Home and Condemning It for Building Fallout Shelter

May. 14, 2012 8:52am Liz Klimas

Joe Del Rio’s story starts off two years ago. The 72-year-old man from East Austin, Texas, was woken up at 7 a.m. on a Saturday in May 2010 by a local SWAT team and fire department at his door. Why? To investigate a multilevel bunker under his home.

In the years following, Austin’s American-Statesman reports, Del Rio’s home has been condemned by the city as uninhabitable; he’s been served a $90,000 bill from the city to make the street on which he lives “safe” again (his bunker apparently made the street’s structure unsafe); and more recently set out to sue the city for unconstitutional seizure of his property without compensation.

Austin Man Sues City for Unconstitutional Seizure of Property Without Compensation | City Deemed Underground Bunker Unsafe

Inside Del Rio's bunker. (Photo: Code of Compliance Department City of Austin via American-Statesman)

(Photo: Code of Compliance Department City of Austin via American-Statesman)

Here are more details on the case from the American-Statesman:

“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.”

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.

Graphic showing the layout of Del Rio's home, bunker and where the authorities found what they considered questionable items. (Graphic: Robert Calzada/American-Statesman)

The American-Statesman goes on to note several instances where complaints had been issued by neighbors over the years due to holes in the land as well as construction of a retaining wall. It also points out that war memorabilia and firearms were found in Del Rio’s bunker and home when it was searched. Armed with these findings and complaints during the military veteran’s morning wake-up call in 2010, Del Rio said the police treated him like he was the “Unibomber” over his disheveled appearance — uncombed hair and shirtless nature — which he attributed to just waking up. He says he was interrogated for 10 hours.

Watch Del Rio describe the situation:

The American-Statesman goes on to report local structural engineer Jeffrey Tucker, who constructed the retaining wall, as saying he inspected the house in 2009 and at the time it seemed “structurally safe” with no signs to indicate it would fall in.

Off the Grid Survival reports some of the $90,000 bill Del Rio received from the city was for filling in his bunker with 264 tons of concrete.

Cement trucks filing toward Del Rio's home in Austin to fill his underground bunker with concrete. (Photo: Rodolfo Gonzalez/American-Statesman)

Del Rio's bunker being filled with concrete. (Photo: Rodolfo Gonzalez/American-Statesman)

Del Rio is seeking compensation for the land that was taken from him, which the American-Statesman reports in 2010 was valued at $172,000.

See more photos of Del Rio’s bunker and surrounding property here.

This story has been updated to change pounds of concrete to tons.

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Comments (258)

I SPY
Posted on May 14, 2012 at 1:09pm
Austin has always been full of whacky commie liberal hippies. They don’t sell t shirts with the words KEEP AUSTIN WEIRD for nothing.

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One of the Quiet Ones
Posted on May 14, 2012 at 1:04pm
It’s funny that there is such heavy handed enforcement of something an engineer inspected and where I live it is legal to only have a retractable pool cover (you can walk on) for a swimming pool but leave it open and the house unattended. No fence required. No one required to be present. I didn’t mind waiting until his lights were out to go knock on his door to remind him his pool was open.

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cemerius
Posted on May 14, 2012 at 1:04pm
Commendable for his service but NO sympathy for this “bunker” some building codes are BS but in most part they are based on more solid footing then this “man-made whole” under the house!

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affinity
Posted on May 14, 2012 at 1:03pm
What bothers me the most about this story is they invaded the mans home with armed swat teams. Someone thought this guy was doing something that is dangerous and illegal. I’ve never heard of a city using a swat team to condemn a house for breaking a local building code. This is weird. There’s got to be more to this story than a simple eviction and condemnation.

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- Mil-Dot
  Posted on May 14, 2012 at 3:31pm
  Nowadays, they call in the SWAT teams to kick over lemonade stands run by little girls.
  
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uisignorant
Posted on May 14, 2012 at 12:54pm
“Off the Grid Survival reports some of the $90,000 bill Del Rio received from the city was for filling in his bunker with 264 pounds of concrete.”

That is some pricey concrete!!!

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RightPolitically
Posted on May 14, 2012 at 12:52pm
The whole thing seems crazy to me. I mean, if things get that bad, it will take more than a bunker and some cans of beans to survive, it will take a miracle! But government comes down too hard on people at times because it has unchecked power to do so. Therein lies the problem.

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garylee123
Posted on May 14, 2012 at 12:50pm
Off the Grid Survival reports some of the $90,000 bill Del Rio received from the city was for filling in his bunker with 264 pounds of concrete.
Ummm….264 pounds? Yards maybe, but not about a half dozen wheelbarrow loads.

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blazingaway
Posted on May 14, 2012 at 12:50pm
DID he violate anyone else’s freedom, privacy or property?
If he didn’t then why in the HELL should the city have any right to violate HIS?
YOU are no longer a citizen with rights to your freedom, privacy and property.
YOU are serfs, sharecroppers, indentured servants, slaves to those who you elect to power who deprive you daily of your rights, to freedom, privacy and property.
YOU will are no longer governed, you are ruled.
YOU are too stupid to live your own peaceful life in the pursuit of YOUR happiness.
YOU must have a government employee of CRIME INC. tell you how to live.
YOU ARE LIVING IN A DENIAL, A DREAM THAT IS ABOUT TO BECOME A NIGHTMARE!
YOU are a fool, and idiot a dumb ass who believes that safety and security can be purchased from criminals in government.

SIMPLE EQUATION … WHERE DO CRIMINALS GO … WHERE THE MONEY IS.
When you pay more and more in taxes, allow more and more in borrowing and the printing of money what do you get …. MORE AND MORE CRIMINALS IN GOVERNMENT … where more and more of the money is to steal from you in exchange for promising you safety and security that isn’t there when you need it … LMAOROTFL

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gyro
Posted on May 14, 2012 at 12:35pm
Ok your all on the wrong foot its a garadge and you cant dig a pit in a garadge deep enough for people to go in with out a bunch of permits and regulations met ! Its a safty thing!
other than that let te fellow have his shovel back

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dnha14
Posted on May 14, 2012 at 12:34pm
Check your figures. 264 pounds of concrete is not even 2 cubic feet of concrete, hardly enough to fill a bunker. Concrete is nominally 150 lbs per cu. ft.

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snufy
Posted on May 14, 2012 at 12:32pm
Perhaps he thought all the Mexicans in Texas were some sort of subversive plot from the relatives of Santa Anna. “We couldn’t take San Antonio, so we’ll try for Austin.”

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Brainmuffin
Posted on May 14, 2012 at 12:19pm
Shame on the city. Shame on those who pumped the concrete. Where is due process? A pox on Austin.

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Hickory
Posted on May 14, 2012 at 12:17pm
I hope he sues the bejesus out of Austin. That city has been on a liberal jag for the last 20 yrs. The time has come to clip their claws and sue not only the city but each of the individuals envolved. Poor liberals thrown out of government have no power.

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conservativewoman
Posted on May 14, 2012 at 12:15pm
It looks like he dug under the sidewalk and public easement. A lot of people don’t know that the sidewalk and the strip of grass on the other side of it next to the road, do not belong to the homeowner. It belongs to the city.

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- Brainmuffin
  Posted on May 14, 2012 at 12:20pm
  Though should you not mow it, the city will ticket you.
  
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eternal_vigilance
Posted on May 14, 2012 at 12:11pm
He just forgot to post the sign.
http://www.pimall.com/nais/pivintage/falloutsheltersign.html
and to direct the city council to watch this movie
http://conelrad.com/targetaustin/index.php

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nolefan2
Posted on May 14, 2012 at 12:10pm
So the government is griping about this man’s construction? Have they not looked in the mirror? Has anyone done any checking into government housing, etc.? Talk about shoddy and it’s built with over-priced materials.

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oldwmn
Posted on May 14, 2012 at 12:01pm
He should have bought land out in the boonies, but TX is such a HOT state like here in AZ, going up North to a cooler climate SD ND FARGO last few places to get away from Brown shirt booted thugs, and if you really want to tweet your minds get a copy of the HUNGER GAMES book 2 , 3, its not for teens, what the CAPITAL does to the citizens in books 2 3 is not far from what OBUMMER is going to do when he gets another term,,today they both are tied, I will hold my nose and vote for Mitt , i never voted for the MANCHURIAN CANDIDATE LIVED UNDER 11 VOTED FOR 9 GOD HELP US ALL..

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dnewton
Posted on May 14, 2012 at 12:01pm
I would have a problem with him tunneling off of the property. I wonder what the emergency was that caused the city to act so precipitously. If there was a stability problem, it could have been solved a lot cheaper than just pouring the hole full of concrete. I think they would have a problem in a jury trial over this. If we don’t have the right to protect ourselves from real or imaginary threats.. what right do we have to exist? Does only the government have the right to defend society from remote dangers like Gorebal Warming?

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oceandove
Posted on May 14, 2012 at 11:54am
The government can’t have people building multi-level underground bunkers, as they may interfere with the DUMBS (Deep Underground Military Bunkers). LOL
Gee, what’s to stop this guy from digging under his neighbors house? There has to be some set of rules here.

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independentvoteril
Posted on May 14, 2012 at 11:42am
seems the best bet right now is to have a basement with a walk out and close up the walk out part.. my basement is below ground.. with 3 small windows that can be taped up easily.. nearest thing to a bunker without building one..

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mattmo79
Posted on May 14, 2012 at 11:35am
This is what happens when you let Californians move to Texas!

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321481
Posted on May 14, 2012 at 11:32am
When one moves outside the city limits to have more freedom, often the city wants to widen their tax base so the move the city limits to tax the people that moved away from them. Then there are the people that have fled from a liberal state to a state with less taxes, when they move in the area they want to bring allot of their liberal like ways, they will tell the gov’t whatever and then the county officials must investigate you to satifiy the northern liberal transplants. Little by little you start to loose that freedom you moved for in the first place. So if you build your bunker outside the city limits in time you find yourself in the same situation.

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izukiddin
Posted on May 14, 2012 at 11:32am
Is the city of Austin really in Texas?

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aloysius.p36
Posted on May 14, 2012 at 11:31am
Austin TX must be quite the place NOT to live. First I read about city police officer shooting a harmless dog, Cisco, and now I read about this action by the city. Concrete to fill in where sand or common dirt would work seems very ridiculous. As much as I enjoy visiting Texas, I guess I will make a point of avoiding Austin. Don’t want to run into any of your trigger happy police if you still have the dog shooting cop out on the road, Common sense seems to be lacking in Austin TX.

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SidneyDave
Posted on May 14, 2012 at 11:29am
This is not about the right to build a bunker, it’s about where and how this bunker was built. It was unsafe and caused the public street to become unstable. The Blaze is becoming just another new source that makes up headlines that are misleading. Go back to facts and honesty please.

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