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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)

Scott Schoemann
Posted on May 24, 2012 at 12:46am
Those of you claiming this old fart had it coming by the few released photos need a swift kick. You have no clue as to what he really did or didnt do, especially in view of the fact that the excavation that he did was greater than the photos depicted. This was just another fine example of a municipality violating the right of an individual to do as they wish woth their own property. Further the “safety issue was entirely false in that the structure would have collapsed INTO the socalled bunker, or what in the north what would be called a BASEMENT and hot outward Off of his property. This is just another example of the erosion of the rights of the individual over the NONEXISTANT rights of the body politic… When they come for yoy we will just sit back and laugh and remind you that we told you so as we cling to our guns and bibles.

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big45kimber
Posted on May 23, 2012 at 11:26am
OMG! He had “COLLECTABLE” guns in his house! (gasp)! And the NAZIS also found DUMMY GRENADES in his “bunker”!
He MUST be an EXTREMIST!
Run for the nearest Government controlled safe area while the Government STORM TROOPERS remove this 72 year-old WAR VETERAN from his lawfully-obtained home!
Now Senior Citizens are the enemy, too???
Austin is in the heart of Texas, but the LEFTISTS that have POISONED this one-pristine city have become surrounded by REAL Americans! I would say it’s time for all Texans to unite and start squeezing Austin from all sides, just like the ugly pimple that it had become, until the POISON is eliminated! Make Austin a modern Alamo! And surround it with REAL AMERICAN PATRIOTS!
Maybe, in the process, Texas should look into their State charter that allows them to succeed from the Un-United Socialist States Of Amerika!

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- big45kimber
  Posted on May 23, 2012 at 11:29am
  I meant SECEDE, meaning to remove from.
  Sorry for any confusion.
  
  Report this comment
r_olivarez
Posted on May 17, 2012 at 4:06am
First off, as a liberal who gone moderate. I once tried to start a small business and was shut down by conservatives because I could not cover the high start-up fees in my area of California. So both the liberals and conservatives have their faults.

Second point, after seeing the photos of his construction. I would agree that it was a hazardous place and I would have feared that the house would have collapsed in on the underground work he did. It was poorly planed and constructed. I could have done much better than that.

Thirdly, Don’t blame California for your problems. When I came out to California as a child with my family, it was a beautiful state. Now since the 70′s ’till now, the ‘ME’ generation and others came into this state and and took it over. Now ya’ll blame us for what you people set yourselves up for. So DON’T BLAME CALIFORNIA for your mess that you’re in. As a person who literally grew up here in the San Francisco bay area, I am sick and tired of what outsiders have done to my once beautiful, adopted home state. Don’t shoot at us, shoot at your own representatives and senators, and by all means vote the current government out of office. Replace them with people WHO DO LISTEN TO THE PEOPLE, and not to giant corporations and private interest groups. Then maybe you can have your state back and in control of it’s self.

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- big45kimber
  Posted on May 23, 2012 at 11:41am
  Brother Olivarez, I congratulate you for leaving the wrong side (liberals), and finding yourself!
  I am sure that, as a ‘moderate,’ you find yourself more liberated, and not drawn down to the gutter with the remains of the liberal-left.
  First, sir, if you were trying to start a business, and you were finding the start-up fees extraordinarily high, I can PROMISE you it is the result of EXCESSIVE GOVERNMENT, and not necessarily any one political party, since BOTH parties have helped to RUIN this once-great Republic of ours with the unnecessary growth of Government (Local, State and Federal) in our lives!
  Secondly, I agree, when I was younger, California was paradise on earth! I can’t tell you how I loved the areas I lived in!
  But, as the LEFTISTS began to gain control of the State, especially during the hippie movement of the 60′s and 70′s, the State began to take a DOWNWARD plunge! NOW look at hos CORRUPTED and BACKWARDS the State has become, and how BURDENED the great citizens of the California Republic have become, also!
  Brother Olivarez, it really isn’t too late for California and it’s citizens. Help to FIGHT BACK with the ONE POWER you, and so many other frustrated citizens have left (for now!), and that is the VOTE!
  Start small, with City and County elections, and regardless of which party they belong to, make sure the candidate is for smaller Government, restoring honor and freedom to their constituents, and then begin to vote in larger elections the same way
  
  Report this comment
mike1127
Posted on May 16, 2012 at 4:44pm
This is ridiculous. We got some Change from this administration all right. Private property laws have apparently been abandoned. This is pure government thuggery.

SGTB: I really admire your post about Ron Paul. Keep spreading the word!

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Hellfighter Mark Steel
Posted on May 16, 2012 at 12:30am
They seriously poured that much concrete……..what a bunch of maxipad morons. I would sue them for contaminating the ground. Can you imagine ever having to remove that glop of concrete? Austin does not have the sense of a mullit

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PimpBallWizard
Posted on May 15, 2012 at 1:05pm
Am I the only one who noticed this? One of the city of Austin’s primary “concerns” was that the underground shelter had “weakened the street”. If that is so, why do I see FIVE cemet trucks on the road? at ~60,000 pounds apiece (minimum), we’re talking 150 tons. If I thought the street had been weakened, I sure wouldn’t roll all this weight on it! Not only does it seem to me that someone actually did have it in for this guy, but his fourth amendment rights have been violated. He should sue for several million dollars and his attorney should request a change of venue to another county for the trial, since it is highly unlikely he would get a fair trial in Travis County.

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Mr Sanders
Posted on May 15, 2012 at 12:02pm
Well, its a safety issue and could effect everyone around him; neighbors, streets & services. What if the water main broke and filled these voids. We are talking a potential sinkhole event.

The problem is you’re suppose to apply for a permit when you impact a structure, structurally. Doing interior remodels are okay [ depending on the age of the home ] so long as you’re not changing the structural load path within a bldg envelope, BUT, you need to get permits for electrical, plumbing, mechanical changes – unless you want to wait till you sell the house – I would never advise that.

A free-dug basement can drop the house down on someone if not shored properly. One person was right – you can go to 50′-0″. There’s nothing that says you can’t have a basement 35′-0″ deep, so long as you have the engineering package/foundation design to back it up, an ins. policy to cover all parties around you, a good foundo/cribbing crew, and deep pockets. then you can build what you need in that basement… depending.

The problem is everyone’s going to now about it -pretty hard to do a ‘Blast from the Past’ shelter with that kind of excavation going on. I would have to agree – best to buy a piece of land, secluded somewhat, place what may and make it inconspicuous. If you haven’t got millions to erase the truck marks like Big-G… put a nice modular home there with all the trimmings, and install the rest under curtain of night. Make sure to check local codes first before you

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bone_naga
Posted on May 15, 2012 at 10:51am
Oh noes, they found firearms (nothing mentioned about them being illegal), inert grenades, and 55 gallon drums (I guess we are expected to use our imagination about what might be inside)? Raise the militia! Sound the alarms! Looks like they’re trying to make this guy out to be a lot worse than he is.

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Sprinklerman
Posted on May 15, 2012 at 9:19am
I have been involved in code enforcement for 15 years and the fire service for another 22 years.

What I can see with the photos and video of this mans property tell me that he is has some issues and very likely didn’t follow the building or zoning codes of Austin. There isn’t any information about how or what type of complaint that was filed by the neighbors. But if Austins Code/Building Department received a complaint from a neighbor then they are compelled to act on that complaint. If his efforts to build this “bomb shelter” caused the street or sidewalk to be compromised, then he is responsible for the repair and all emergency actions/costs for said repairs by the City particularly if he didn’t obtain all the necessary permits to conduct the work that he performed on his property.

Regarding the seizure of his weapons, even Mr. Del Rio admits that his firearms were returned to him. Therefore no harm and no foul on that issue

There is a lot about this that we don’t know, and to be fair we need to hear from all parties, not just Mr. Del Rio’s side. Bottom line is that this is one of the worst stories that I have seen on the Blaze. If you wish to continue to be a legit news agency, then you need to do a better job on this type of story. Based upon my experience and the photos provided, I believe that Mr. Del Rio has a lot of issues that have compromised his safety and that of the public and first responders.

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Viper1
Posted on May 15, 2012 at 8:03am
I feel sorry for this old man. It is his property and he wasn’t hurting anyone. If he built a three story concrete house above the ground they would have called it a castle and called him crazy. My father in law covered his entire one acre yard with concrete and covered it with a tin roof. It looked funny, but it was cool in the summertime and he had a cool workshop in the winter. It was his yard. Yes it was in Texas. No we all are not crazy, but we believe that we are free and the land belongs to us. The only thing that this man did wrong was to piss off some of his nosy neighbors.

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mzk1
Posted on May 15, 2012 at 7:06am
What we need is a landmark Supreme Court case that will establish rules for just compensation. When stealing people’s prperty is no longer cost-effective, the localities will stop doing it.

P.S. I was born in Brooklyn, and even I know that Austin (the San Fransisco of the South) isn’t really Texas.

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Diane TX
Posted on May 15, 2012 at 6:25am
Austin, TX is a vast wasteland of Liberalism, and is surrounded by a Conservative populace. Sixth Street is where all the morons go to get high on whatever. Texas is mostly a Red State, but the Seat of Government is in Austin. The Far Left are clinging by their fingernails to try to retain power.

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- mzk1
  Posted on May 15, 2012 at 7:06am
  Why did Beck move there?
  
  Report this comment
- Viper1
  Posted on May 15, 2012 at 8:07am
  @MZK!
  
  Beck moved to Texas because of all the states in the country it still has the most people with common sense. Every state has it’s Austin, San Fransisco, Atlanta, etc. However, they are in the minority in TEXAS!
  
  Report this comment
v12tommy
Posted on May 15, 2012 at 1:05am
I can see both sides of the issue. I am all for the home owner, and I think cities abuse their ability to condemn property, as well as eminent domain abuse. However, if he did not build the bunker to code and didn’t get it inspected, then I can also see the city’s point of view as well. I think most cities have far too many regulations when it comes to building codes, and they should be more restricted, but even with all that it should be built to code and inspected to assure that. I sure wouldn’t want to buy a house for 6 figures and later find out there was a bunker under the house that was poorly built that could collapse at any time taking my newly purchased house with it.

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RetAF
Posted on May 14, 2012 at 10:54pm
It’s scary what the Austin American-Statesman views as why this home was a “threat to public safety” in the graphic. First as always, there were “firearms found.” Uh oh, fire arms. If every home in Texas with firearms was deemed a threat to public safety and condemned, there would only be a few homes in Austin left in Texas. Next, are the 55 gallon drums. When I was a kid what amounted to a wooden deck was put on 55 gallon drums to create small floating docks out on the lake. So what was in the 55 gallon drums? Was what was in them dangerous, or is the mere fact 55 gallon drums exist a threat to public safety. And then there are the inert grenades. Of course the Austin American-Statesman knows that due to the proximity of UT, only pseudo-intellectuals read the paper. They have to be pseudo, because the meaning of the word “inert” escapes them. Finally there are the lead acid batteries. Sure not the most desirable object in the world, but if you’ve seen the show American Pickers, I bet there are plenty of them around in barns and the like. Surely not a possession egregious enough to have a home condemned and seized, unless you own firearms, have 55 gallon drums and batteries.

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- mzk1
  Posted on May 15, 2012 at 7:07am
  Note they said “in the house or…” In other words, it wasn’t necessarily in the basement.
  
  Report this comment
ApostolicIlx
Posted on May 14, 2012 at 10:00pm
That isn’t a Bunker. That is just cr$$. If he had ever had to use it he would have died there under the rubble. He should consider himself blessed he never had to use it. God was just looking out for him. Now he can go somewhere else. Thankfully the city is taking over this mess. There are no buttresses, no reinforcements, no air flow, I’m normally anti-govt coming in at all, but this guy could have hurt someone else with his careless excavations. Picture some little 3 year old getting caught 30 ft down when his house collapsed on top of that garbage. Everyone would be singing a different tune. Let’s just be thankful no one was hurt, except this mans pride.

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