Posted on 05/17/2007 11:19:28 PM PDT by anymouse
Much about Friendswood has changed since Billy Wynn bought his 12-acre farm almost three decades ago.
When his neighbors on Lundy Lane wanted to pave the city’s last gravel street, he voluntarily gave up a piece of his land so the city could build a drainage ditch.
That deal was sealed with a handshake with then-Mayor Ralph Lowe.
But the next time he tried to give a piece of his property away, the city wasn’t quite as cooperative.
Last August, Wynn gave an acre to his son as a birthday present so his son could build a house on the same land he grew up on.
But months later, he learned he could face more than $600,000 in fines.
City Manager Bo McDaniel sent Wynn a letter last month that told him he was in violation of the city’s subdivision regulations.
If he didn’t schedule a meeting with the city within 10 days and start platting the land, he’d face a $600,000 fine.
City spokesman Nick Haby said the fees haven’t been assessed yet, even though the 10-day mark passed two weeks ago.
The thought of the fees is still hanging over Wynn, but he said he hopes he can get the situation worked out before the city changes its mind.
The problem is that state law doesn’t make a distinction between a landowner giving a corner of property to a family member and a developer building a subdivision.
Texas local government law prohibits landowners from dividing land without approval from the city — a law that makes sure that cities know plans for new neighborhoods before they’re up.
In Wynn’s case, it took a while before he realized he had dome something wrong.
After he gave his son the land, his son began talking to architects and planning to build the home.
When he went to get a building permit, he was told the land would have to be platted.
His son did that, but then Wynn got an unwelcome surprise.
His son couldn’t get his building permits until Wynn’s land was platted and because that wasn’t done, the city told his son he could sue his father.
Wynn said he doesn’t understand why he now has to pay to have his land platted when he hasn’t changed anything about his property.
“I thought I lived in America — I could give land to him if I wanted to,” Wynn said. “This floored me to death.”
Wynn said he’s going to get his land platted, but hopes not to face the fines. He said there’s no way he could pay them.
“Friendswood drew all these ordinances, worried about big land developers from out of state and grabbing land and putting whatever they want onto it,” he said. “I understand them trying to protect city, but I moved to Friendswood in 1965. I just want to give my son an acre. They shouldn’t treat me like I’m a criminal.”
Wynn said he thinks the rules protect the city in case he sold the land to a developer. But that’s not something in his plans, he said.
“They are worried I’m going to come in and sell it off,” he said. “I’m going to live here until they take me off in a pine box. Then it’ll all be the kids’ anyway.”
Every petty government bureaucrat’s a Commissar in our Brave New World.
Zoning has been around for a long time. Our county zones minimum acreage for subdivisions (any split) for a variety of reasons - to preserve prime ag land, deer wintering range, ensure adequate distancing for septic systems/wells, keep building out of flood zones, etc. You can’t just split off what you want and sell it or give it away.
The article doesn’t say how Wynn “gave” his son the acre. You can’t just “give” somebody land and then they own it. The principle of private land ownership wouldn’t be worth much without the system of requiring land transfers and divisions to be properly surveyed and recorded. If you say somebody’s trespassing on your land, you obviously can’t expect any help from law enforcement if there’s no legal record of your ownership, and no clear survery showing exactly where your land begins and ends. My father had a problem that went on for years, re an easement on a country property. The guy that bought the neighboring land claimed his property line went a few yards further than it actually did, and claimed he had the right to stop my father from using that strip, which just happened to be the only road access to the cabin on my dad’s property. The only way it ever got sorted out was because all land transfers are required to be recorded at the county courthouse and all land divisions require a survey.
Welcome to the United Soviet Socialist States of America, Bud.
Vote Democrat?
This is a tough one. But!
But haveing seen “people” building houses for there “mother” on unbuildable lots when I was in CA. (like land on the side of 80% slope) But it always seemed for some reason a For sale sign would appear as the house was finished.
For some reason there mothers could never move in.
Comrade, let's have a talk. I'll go make some borscht.
Yes, this is how it's done everywhere, I thought. Say the guy gives the land to his son. Then the son wants to sell it. How does he prove the size of the lot and ownership unless there is an official record and a survey? Would you buy land from a guy who says, "Sure I own it. It goes from that rock to that tree to that 2x4 to that old tire."
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus
More Texas weirdness. Texas is seriously going down the tubes. Don’t believe me? You must not be on FREEPERS enough...
Zoning has been around for a long time.
Many cities do quite well without zoning.
It’s all about an out-of-control government trying to implement communism in every way that it can - seize private property.
If a “developer” buys the land a few dollars will change hands under the table and a subdivision will be created. That’s most likely what has upset city officials most. They didn’t get their usual payoff.
I’m sure HARXIST—her hideous heinous—Shrillery Antoinette de Fosterizer de Marx de Machiavelli . . . de Sade would be glad to help out.
SSTTM
(Super Sarcasm To The Max)
>> Zoning has been around for a long time... You can’t just split off what you want and sell it or give it away
Well, the last part of what you say is certainly true!
And xoning has been around a long time. It used to be local folks getting together and forming realistic regs to protect each other.
Now it’s self-important all-wise elite bureaucratic rubes going off to college to learn “city planning”. There is one thing and ONLY one thing in mind when they restrict development...
HOW TO MAXIMIZE TAX BASE. PERIOD. SCREW THE QUALITY OF LIFE OF THE RESIDENTS!!!!
Most don’t.
Well, the city didn't get their cut......and we all know they gotta have their "share" even if no money changed hands......
The old man should have just made the kid co-owner of the twelve acres. Then the kid could have built his house anyway with no problem.
quaint ain't it.
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