Government taking family land.

What is the name of your state (only U.S. law)? OK

My grandparents put there land (300 acres in Oklahoma) in a Family Trust a while back. They have been residing in a nursing home (in Arkansas) for a few years now. The government wants to sell this land that has been in our family for over a hundred years and has been my father's residence for almost 20 years. I need to know if we can fight this and the steps to approach this matter. This land was meant to be passed on and never sold.

One of the first things you learn in a Civics class: the government can tell you to move if they want to construct on your land AS LONG as they pay you what it's worth.

But if the government is just saying, you need to move off the land because it belongs to us now...that is illegal as long as your family can prove they hold the deed to the property and have legal ownership. However, if they are stating their intent to purchase the land (for what it's actually worth) and informing the family that they must relocate, that is legal.

I'm re-reading your post and you're saying the government has informed your family that they plan on selling the land...so are you saying they are not planning on first purchasing it from you?...please clarify that.

Because if that is the case, it seems that they don't believe (the government) that your family has actual ownership over the land. 300 acres is A LOT of land...4 miles worth if my math is right..so that is quite a bit to have ownership over.

If the property is in a trust, then that trust will hold the funds from the sale if/when the land is sold.

Unfortunately, the government does have authority to do such a thing even if the land has been in the family for 100 years, sorry.

chaisr said:

What is the name of your state (only U.S. law)? OK

My grandparents put there land (300 acres in Oklahoma) in a Family Trust a while back. They have been residing in a nursing home (in Arkansas) for a few years now. The government wants to sell this land that has been in our family for over a hundred years and has been my father's residence for almost 20 years. I need to know if we can fight this and the steps to approach this matter. This land was meant to be passed on and never sold.

Click to expand...

Your info is too light on specifics to hazard a guess.

"Family Trust" - Exactly what kind of trust?
"..a while back.." - When exactly?
"The government.." - There are many levels of government - federal, state, local. What agency?
"They have been residing in a nursing home..." - Who is paying the nursing home?

If "the government" is saying that the land must be sold to pay for their care before they can apply for Medicaid, then your best bet is to gather the information answering the questions above and consult with an attorney experienced in elder law.

I suspect that you are leaving out some key facts, perhaps that they are requesting the state 'government' pay for their nursing home coverage, probably in the range of 5-7K per month each? If so, if they don't parcel out and raise the funds needed now, they could end up with a lien on the estate later. Why should the state pay thousands for their care, if they are sitting on a couple hundred thousand worth of assets?

Get to an elder care attorney in your state, who can ask all of the right questions and evaluate the situation for them.

Oh..I didn't interpret the situation to mean the government wants to sell the land in order to pay for your grandparents' medical expenses and nursing home costs...that's a whole different area altogether. I was assuming you were providing background on ownership. Like the above post suggested, consult an attorney that specializes in the rights of the elderly.