Land developers' abuse of "vested rights" has gone on far too long, with the support and encouragement of our state government. So I am heartened to see that at least one of our state legislators understands the problem.
From the San Antonio Express-News today (emphasis added):
With a nearly treeless, dynamite-blasted hillside as a backdrop, state Rep. Mike Villarreal said Saturday that he was taking a small step that could have a profound impact on developers who hoist the banner of "vested rights" while paying scant attention to the rights of others.
House Bill 1529, which he introduced in the Legislature in Austin last week, would allow cities to override developers' vested rights if the health and safety of neighbors is threatened or property is damaged.
"San Antonio passed a water ordinance and a tree ordinance and it can't enforce either one because developers changed the law in the Legislature," Villarreal told 40 supporters gathered in front of Toll Brothers Sonoma Verde development on Kyle Seale Parkway just beyond Cedar Creek Golf Course.
"Government is best when it is under local control," Villarreal said, "and this bill will insert specific, targeted language into the law to bring some of that control back to the cities."
Homeowners living next to Sonoma Verde pointed at the development that looks like a rock quarry and then pointed to juniper-covered hills across the street.
"That's the way this used to look," said Mary Schuetze. "They don't care about the trees. They'll be gone as soon as the market drops."
A request for comment was left at Toll Brothers late Friday. It was not returned.
Other nearby homeowners told of dynamite explosions 40 feet from their houses, walls and foundations that were solid for 15 years but suddenly developed cracks, and limestone dust that mixes with rain and dew to cover plants with a concrete cake.
I wish I had known about Rep. Villareal's event beforehand, as I would have added to the number of supporters present. I have seen this Toll Brothers "development" first-hand, and the visual impact is truly disgusting. Sadly, the impacts go far beyond the visual for those living nearby.
Carlos Guerra wrote about column late last week about one particular homeowner couple who has been severly affected by the actions of their neighbor.
As they detail the ordeal they have endured since May, Stan and Dorothy Miller's voices are amazingly calm. Perhaps they have accepted that the home of their dreams has been turned into an unending nightmare. Or perhaps they just have tired of the lack of response from government at all levels.
But signs in their yard speak of their frustration: "Toll Bros. bad for neighbors, nature," reads one that lists animals they no longer see. "Noise 12 hours a day, six days a week. Blasting; house damage," reads the other.
...
10 months after Toll Bros.' arrival, the once verdant hills around the Millers' neighborhood have been turned into an eerie moonscape of terraced limestone cliffs that are being covered with tacky brown brick. And on hills flattened — presumably to reduce foundation costs — dozens of densely built MacMansions are being hurriedly built.
"They denuded the whole property; they cleared all the trees, thousands and thousands of them," Stan says. "Then they started mulching the trees, and the air was full of cedar dust.
"And nobody has said a word about the destruction of the habitat of wildlife," he says. "They're gone because their habitat is gone."
It got worse.
It got worse! Read the rest of Guerra's column to find out how.
Our state government needs to change their way and recognize that "property rights" is not about the alleged rights of land developers to slash and burn and dynamite and bulldoze as they please.
And if your're wondering if there is a connection between the actions of developers to turn vast expanses of Hill Country land into moonscapes and that gigantic burning pile of mulch nearby that is polluting our air and water, you are right on the money.
One reason that more isn't done to stop unwanted development is that people may not know what is being planned for the land until they hear the dynamite. By the time they realize that they are strongly opposed to the developers actions, the development has already gained tremendous momentum. The big money machine is in fourth gear and half the hill is already gone before Joe Neighbor even starts to think about how he might effectively combat the problem, and who says that he is going to have any skills, experience, or ability to do so? This type of scenario is reminiscent of the 'shock and awe' military approach - it won't work long term, but sometimes it really isn't meant too.
Posted by: LoB | February 27, 2007 at 11:53 AM