Texas Attorney General Abbott Takes Action To Halt Hudspeth County Colonia Development

County employee sold lots in Sierra Blanca subdivision lacking water, sewage facilities

January 25, 2008 -- AUSTIN – Texas Attorney General Greg Abbott today charged Adolfo Ramirez, a Hudspeth County Appraisal District employee, and his wife, Patricia, with violating the state’s colonia-prevention laws. According to court documents, the Ramirezes failed to install or bond sewer and water services on residential lots offered for sale in the Sierra Blanca Land Development – Phase One subdivision.

“Today’s enforcement action seeks to ensure this Hudspeth County development complies with state colonia-prevention laws,” Attorney General Abbott said. “Texas law requires border-area developers and land speculators to guarantee that basic water and wastewater infrastructure will be installed before lots are sold to unsuspecting purchasers. The Office of the Attorney General will continue enforcing the state’s colonia-prevention laws.”

According to the Attorney General’s enforcement action, which was filed in Travis County district court, the defendants sold 16 residential lots lacking water and wastewater infrastructure in violation of the Texas Local Government Code. Attorney General investigators also assert the defendants purchased the lots at low cost at Hudspeth County tax sales and then sold them at substantially higher prices without making necessary water and wastewater improvements.

The Office of the Attorney General (OAG) seeks to prevent the defendants from continuing to sell lots illegally and is asking the court to force them to either meet the necessary platting and infrastructure requirements or refund the purchasers’ money.

The case against the Ramirezes is one of five South Texas colonias cases recently pursued by the OAG. Earlier this month, the OAG took legal action against Webb County developers John and Leonor Daves for failing to install or bond utility services on residential lots in the D-5 Acres subdivision. In November 2007, the OAG obtained a temporary injunction against Manuel Montemayor, a developer who was offering unapproved lots for sale in Cameron County. Attorney General Abbott also filed legal action against rural housing project developer Aurora Graham for failing to obtain plat approval or to install or bond sewer and water services on residential lots she sold in rural Cameron County. In 2006, the OAG concluded a similar case in Cameron County against Eric Solis, who sold lots in a colonia known as Toribio Estates.

In Texas, unincorporated residential subdivisions near the U.S.-Mexico border that lack adequate water and sewage services are commonly referred to as colonias. Most colonias lie outside city limits or in isolated areas of a county and lack even basic infrastructure and utilities. Residents often must haul water, go without electricity and risk higher incidence of disease.

Before purchasing residential property outside city limits, border area purchasers should check with county officials to confirm the property was legally subdivided and that the developer has made necessary arrangements to supply required infrastructure.

Consumers 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.oag.state.tx.us 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 1,800 colonias. 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.

Source: Texas Attorney General

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