More evidence if you needed it, that developers hold far to much influence over the legislature and the courts of this state and subsequently the real property rights of taxpayers.
The Courier reports HERE the latest setback for annexation victims from April Sound and in the Conroe ETJ with a decision coming out of Judge Mayes court that excludes them as plaintiffs as follows.
“… the individual land owners and each future owner of land included within the district’s boundaries are bound by the agreements and lack standing for that reason … by plaintiffs who otherwise have standing, including lack of contiguity and whether the metes and bounds description of the area is closed,” Mayes wrote.
Courier also reports Mayes denied the plaintiffs the ability “to challenge based on old English common law principle known as qui tam.”
They don’t say why Mayes said they have no standing to challenge based on qui tam which was standard practice in Texas into the early 1900’s until the advent of professional taxpayer funded DA’s and prosecutors.
And readers should be interested to find out that Texas is the only nation to have ever adopted English Common Law as the law of the land by legislative act in 1840
We have no argument with developers conducting their own affairs concerning their property and rights, but selling the rights of subsequent taxpayers in perpetuity seems on the face of it immoral.
Whats the bet that any efforts at legislation to curtail this practice will be met with an army of tax subsidized developer lawyers aided and abetted by taxpayer funded lawyers from cities and counties defending their rights.
Here is an example of a disclosure that should be included in every developer property sold.
WARNING
YOUR RIGHTS TO RESIST FUTURE INVOLUNTARY ANNEXATION AND TAXATION OF THIS PROPERTY IN VIOLATION OF WELL SETTLED CONSTITUTIONAL PRINCIPLES HAVE BEEN SURRENDERED BY THIS DEVELOPER
Of course such a disclosure should negatively effect the desirability of such developer lots, and that would be the objective.
Here’s hoping STOP CONROE ANNEXATION NOW will appeal to a higher court
the laws need to be changed to stop cities from annexing anyplace without voter approval.