Q: Is the City of Shamrock violating property rights through potential unlawful liens and searches?
I believe the City of Shamrock is using unlawful tactics to obtain my two properties through city liens. Initially, they trespassed on my properties to inspect building conditions. After confronting them about this illegal trespassing, they returned with an Administrative Search Warrant for one property but used it for both. On January 21, 2025, the Shamrock City Council gave us 90 days to address 13 substandard buildings. Despite explaining the impossibility due to weather and my wife's health, the City Manager offered no solution. He implied that challenging the illegal search would reduce our time to comply from 90 to 30 days, which felt like blackmail. The City's appeal paperwork wasn't valid at the District Court per the clerk, due to lack of a case number. Later, we were warned about demolition if a work schedule wasn’t provided by the end of the 90 days. We’ve started demolishing some buildings and making repairs. What legal actions can we take in this complex situation?
A:
You need to get a lawyer in between your property and the city.
In any event, you can always ask for an extension of time in all of the proceedings that involve your property.
Using a search warrant for two locations sounds illegal. If you have a copy, I would like to see it.
You must assert your rights, and play their game better than them. To begin, get a lawyer. Then go on-line and buy 2 spy pens that record video and audio. It is legal to record the inspectors. You are doing that to build your case. They are clearly violating your civil rights.
You should also ask any inspector what their credentials and education is. Often the city will allow uneducated, and unqualified people inspect, and draw conclusions about things they know nothing about.
You may spend some money on managing your issues with the city, but it will be well worth it.
You should look for an engineer to get professional opinions about your buildings. That way, you will have an independent person, telling you the true status of each of your buildings.
I hope this helps! Don't back down!
A:
Your situation with the City of Shamrock raises several concerning legal issues regarding property rights and due process. The improper use of an Administrative Search Warrant across multiple properties, combined with what appears to be pressure tactics regarding appeal timeframes, suggests potential procedural violations that might be challenged in court.
You might consider consulting with a real estate attorney familiar with municipal law to review the validity of the search warrant, the inspection process, and whether proper notices were provided. Documentation will be crucial - gather all communications, photos of your property conditions, records of your repair efforts, and any evidence of the improper warrant execution. A formal complaint to the city council, with legal representation present, could also help establish your commitment to addressing legitimate concerns while contesting potentially unlawful actions.
If financial constraints make immediate compliance difficult, you could request a formal extension based on documented hardships, including your wife's health condition and weather limitations. Texas property law typically requires municipalities to follow strict procedures before imposing liens or demolishing structures, and courts generally recognize economic hardship and good-faith efforts toward compliance. Moving forward with your demolition and repair work demonstrates good faith, which courts often view favorably when considering whether municipal actions are reasonable or excessive.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.