Legal Question in Real Estate Law in Texas

Homestead encased by Industrial Zoning!

My situation is complicated but I will give you the core problem and the major players.My family lives on 16 acres of land and there are three homes on this land. Parents in one home and two grown siblings in the other two.Therefore the 16-acre lot has been in the posession of our family since 1965.On to my problem; the city that we live in rezoned all, and I do mean all the land around us to heavy-industrial and commercial land.We were not notified of this zoning change to the specs of Texas guide-lines.We have spoken to 3 attorneys that all agreed the city failed at that.Our problem is we were not aware of the zoning change until a concrete plant started building in our back-yard.I was advised by all the attorney's that the statue of limitations has expired by the time we were aware of this and we could not file suit on the city.My question is the Parent's home was built in 1965 and the title and survey said that this land was homesteads, ranchettes, and agricultural land (which was true in 1965).My home and the other sibling's home were built in 1994 and 1995 and the re-zoning was done in 1988.Our survey's are identical.Can I file suit with my Title Company?


Asked on 2/03/01, 11:48 pm

1 Answer from Attorneys

Re: Homestead encased by Industrial Zoning!

This looks like a rather complicated case. I would have to review the paperwork on file and then check the zoning ordinances for the locality. You can attempt to fight it, but it may turn out to be an expensive endeavor. There may be a way around the statute of limitations under some very limited circumstances. Feel free to call or email me if you would like to discuss this further.

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Answered on 3/20/01, 11:51 am


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