Losing your home through Eminent Domain Power

[Nancy Davidson]

My husband and I live in a mobile home park in Des Plaines, Illinois and have learned that the city wants to use their powers of eminent domain power to take away the mobile home park in which I live. Has anybody on this list has any experience with eminent domain?

If they have, can they tell me if the mobile home owner is to be reimbursed for the fair value of their home? The park is going to a city meeting on the 30th of this month. In the meantime I am trying to find answers to the above question and am running into a wall. Yes, I plan on attending the meeting.
Nancy Davidson
Des Plaines, Illinois

[rmurray]

Ouch...every state has different laws about this...It probably only requires the city to pay the park owner a fair market value and then refuse to renew your lease when it comes up...Local politicians hate bad press....You might want to get with your neighbors...Be ready to get an attorney to look out for your rights....Be sure that you follow every meeting...announcement and mailing that you get...Be prepared for an unhappy fight...Sorry..Glad I am not you...

[ScottMan]

Hi Nancy,

I emailed you about something before because I live near Joliet. I think it had to do with looking for a good repairman (of which there are none!). Anyway I feel sorry for you. We bought a small plot of land to put up our home a few years back. Maybe that's what you should do? Can your home be moved now? Even here, we hear about a potential truck stop and/or condos going up next to us here. I guess nothing is safe. I wish you well.

[Nancy Davidson]

Scotsman:

Have you received any notices about a truck stop or condos going up in Joliet? Keep us posted if you do. No, I cannot move my home; nor, do I want to.

I did contact legal assistance in Chicago about my problem. They weren't any help. If you run into the same problem like I am, study the "Fifth Amendment to the Constitution". Hopefully, it pertains to my situation. Yes, I have been studying on the problem.

Yes, we are going to consult a lawyer if this goes through. How can a city or the park owner come through and take away your mobile home which you own (even with a lease-there are laws that protects leases in Illinois) and not pay for it. Isn't that stealing? This problem is different than loosing your home through not paying your mortgage or getting evicted in which you have to go to court. In the state of Illinois, according to the mobile home laws, a resident's lease is automatically renewed.

[B. B. Rich]

Oh, Nancy. I am sorry for you, but welcome to America in the new millennium.
I have been watching for stories on this subject after originally having it brought to my attention via 60 Minutes about a year ago.
One would believe that in America they would have to give you fair market value for your home, but leasing land in a park means that you don't own "real estate" and is viewed legally as only personal property. In other words, you don't have the same rights as a land owner.
Basically, it seems that laws can be changed, quickly if there is money involved.
I owned a home in a park that was taken over by a "private land developer." Of course this person owned half the town and spent five years playing to the mayor and city counsel, but he finally got his way. We had three months to move the home or lose it. Not being of unlimited financial and political influence (it would've cost us between $5-7000 dollars out of pocket to move the home, a 40' double-wide, and that's not including moving our personal stuff and set up costs,) we lost the home and my credit took the hit.
You might look into other parks and see if they can offer you a deal to move to their site. Sometimes they will offer incentives (partial moving and /or set up costs, as well as reduced rent for a period of time.)
Remember the old saying, " Them that's got, will always get. Them that ain't will always get the short end," or something like that. }:-))
I hope some or all of this information is helpful to you. and again, I am sorry you find yourself in this situation. It is a sign of our times, and not a good one for most of us.