El Paso County Attorney and Texas Attorney General take Action to Halt El Paso County Colonia Development
Developers illegally subdivided
residential lots lacking water, sewage facilities
AUSTIN - Texas Attorney General
Greg Abbott charged the developers of the Galindo Subdivision in western
El Paso
County with violating state
colonia-prevention laws. According to court documents filed in Travis County district court, the defendants
illegally subdivided residential lots and failed to install or bond water and
waste water facilities before selling the lots to unsuspecting purchasers.
The state's enforcement
action, which was filed jointly with El Paso County Attorney José R. Rodríguez,
names Homero R. Galindo, Rosella A. Galindo, Nahum Prieto and Rosella Prieto.
All four were cited for subdividing an eight-acre tract into four lots for
residential use without obtaining the required plat approval from El Paso County Commissioners
Court. Further, the defendants sold the lots without
installing or bonding water and wastewater facilities, a basic requirement for
plat approval. Having an unapproved subdivision lot can bar a buyer from
obtaining needed water and electricity connections.
Under Texas law, developers in
counties along the Texas-Mexico border must obtain county approval of a
subdivision plat before subdividing and selling residential lots. Obtaining plat
approval secures water and wastewater facilities, and makes the property
eligible for connections to the local electric utility. In Texas, residential
subdivisions near the U.S.-Mexico border that lack adequate water or wastewater
services required by state law are commonly referred to as colonias. Most
colonias lie outside city limits or in isolated areas of a county.
The state's enforcement
action seeks an injunction compelling the defendants to comply with
colonia-prevention laws, as well as an order requiring the developers to file
proper plats with the county and install fully compliant water and sewer
systems. Alternatively, the state seeks refunds for lot purchasers harmed by the
defendants' alleged conduct. The Attorney General also seeks civil penalties of
up to $15,000 for each lot conveyed in violation of the
law.
The case against the
Galindoses and Prietoses is one of six colonias cases the Office of the Attorney
General has pursued this year. During the 2007 regular session, the Texas
Legislature passed a measure that provides the OAG with additional resources to
prevent unlawful colonia developments. Since Sept. 1, 2007, the OAG has filed 19
enforcement actions involving subdivisions in five counties. Of the 19 petitions
filed, seven cases have been prosecuted to final
judgment.
Before purchasing
residential property outside the city limits, border area home buyers should
check with county officials to confirm that the property was legally subdivided
and that the developer has made necessary arrangements to supply required
infrastructure.
Texans can file complaints
with the OAG against developers or sellers who fail to provide water and
wastewater services, or who subdivide land without first obtaining necessary
county approval. Complaints can be filed on the Attorney General's Web site at
www.texasattorneygeneral.gov or by calling (800)
252-8011.
The Office of the Attorney
General also maintains the state's Colonia Geographic Database, which offers
geographic and descriptive data on more than 2000 colonias in 30 border area
counties. To access the database, or for more information regarding Attorney
General Abbott's colonias-prevention efforts, visit the "Texas-Mexico Border"
page on the Attorney General's Web site.
El Paso County vs Galindo Lawsuit.pdf