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Squatters---A Legal DichotomyPart 2 Of A Multi-Part Series On SquattersBy Lou DugganAccording to Texas law, a “squatter” is someone who is living on land or in a building that is either unoccupied, abandoned, or foreclosed without the legal consent of the actual property owner. Unfortunately, squatting is not only legal in the U.S, but it is also quite common. According to a study by the National Law Center on Homelessness & Poverty, there are approximately 2.5 to 3.5 million squatters in the United States.The law regarding squatters in Texas appears to be a contradiction. It primarily protects the squatter while the property owner is victimized and threatened with legal punishment. For example: It is illegal for you, the owner, to forcibly remove a squatter from your property. If a squatter moves into your property, and they turn on the utilities, you cannot turn them off again. Denying access to utilities is illegal, and the squatters can sue you. Plus, you will have to continue to pay property taxes and the utility bills until you get rid of the squatters.Additionally, there appears to be a disconnect in understanding the law on squatters between our state legislator’s office, the judicial system, and those who enforce the law. Officials don’t seem to be aware, agree, or know how to effectivelylegislate and prosecute this growing issue. In response to our inquiry for State Representative Carrie Isaac’s perspective on this subject, both Cassandra Gould, district director for Isaac’s office, and Terry Franks, Isaac’s chief of staff, sent the following information “from the DA’s office” for this article: “In general, a squatter who just sets up in an abandoned/empty house is probably committing criminal offenses of trespass (misdemeanor), burglary of a habitation (felony), and possibly even theft (misdemeanor or felony, depending on the facts). An officer can make an arrest for any of those offenses if he has proof that the squatter has no legal right to be living there.” Therefore, they perceive squatters as committing a crime.Yet, in reality, squatting is not considered a criminal offense. It is, instead, treated as a civil matter. Comal County Sheriff Mark Reynolds stated, “Counties are very restricted in Texas as to ordinances that they may pass. Municipalities on the other hand can pass ordinances at will. Usually when a case of squatting is located, we refer the homeowner/property owner to contact their local Justice of the Peace and follow the eviction law. If the squatter refuses to leave after the term of that order from theCourt, they can be removed.” Thus, there appears to be a difference between what lawmakers’ staff and the “DA’s office” think is going on (“generally” a criminal activity) and what is really happening on the front line (a costly civil matter without justice). Frequently, the squatter is vacated through a lengthy process without punishment or prosecution.While working through the law’s duality, property owners lose money. They are unable to occupy or rent their properties and have to invest money in civil proceedings. Evictions can take a long time. Attorneys and court costs are not free. Also, in most situations damage to the property occurs, from broken windows to damaged appliances to cement in toilets.CommentaryAfter regaining possession of the property, the owner must make repairs. The costs can be significant.As quoted before in this series, squatting is increasing and becoming more common according to Dr. David Phelps, a financial expert based in Dallas and founder of the real estate investing community Freedom Founders. In May, Phelps told FOX Business LIFESTYLE that “property owners are more likely to encounter squatters — and they’re more likely to encounter the ones who are going to cause even bigger problems.”Next Month: Squatters---What Can You DoEleven Comal ISD Athletes Chosen For San Antonio Sports All-StarThanksgiving Lost In Quest for BucksIBy Lou Duggant seems that the quest for Christmas retail dollars begins earlier each year. Halloween was still six weeks awaywhen retailers began rolling out Christmas trees, decorations and products. Television ads were playing“Jingle Bells”and the image of Santa Claus could be seen hawking everything from toys to high tech games. In addition, several major retailers have already started promoting Christmas credit as a great way to get money back from each purchase.Sadly, the spirit of Christmas is being packaged like a prescription drug--extra strength. Retailers promote the feel- good themes of buying, not financial responsibility or spiritual significance. Spend and ye shall receive. Charge thy gifts and ye shall be saved.Christmas buying, it seems, is being touted as the panacea to all our problems while the Thanksgiving turkey is still waiting to be thawed. Ironically, Christmas has become big business and the sales dollar is king, not Christ.As a result, this incipient trend toward marketing Christmas ever earlier is eroding our basic cultural and spiritual foundation. Envision a marketing future in which the Fourth of July is heralded as starting the six months of Christmas. Retailers wouldFootball GameBy Comal ISDE leven Comal ISD athletes will represent the district at this year’s 46th Annual San Antonio Sports All-Star Football Game at 5 p.m. Saturday,Jan. 6, at the Alamodome.Those 11 students include the following athletes:· Kyndel Arrambide, defensive lineman, Canyon High School· Tyler Celli, punter, Canyon High School· Nolan Doss, wide receiver, Pieper High School· Jackson Duffey, cornerback, kick returner, wide receiver, Smithson Valley High School · Emmet Greiman, tight end, DavenportHigh School· Zahir Livingston, linebacker, Davenport High School· Jaxson Maynard, linebacker, Smithson Valley High School· Kyler Payne, wide receiver, Davenport High School· Polamalu Nuu, offensive line, Canyon High School· Raymond Stanley, defensive back, Canyon High School· James Stevens, offensive line, Canyon Lake High SchoolCongratulations !love it. All our fall and winter holiday observances could be rolled into one big Christmas-buying promotion. Halloween? That’s when three guys, dressed as kings, chased an evening star on camels, right? Thanksgiving? A great dinner where the Pilgrims told everybody what they wanted for Christmas. And, Santa Claus? Oh, yeah. Isn’t he the guy that was born in Bethlehem?An extreme view? Maybe so. . . However, the holiday focus of 2023 is too much on the dollar and too little on “peace on earth and good will toward men.”10www.bsbhighlights.comNovember 2023