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Eminent Domain

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yonargi

Junior Member
Idaho. Tenants of a mobile home park moved into the park on the assurance of the owner that the park would not/could not be sold, due to a clause in the will of the original owner, who set it up so that his heir (his daughter & her husband) could not sell the property. New tenants coming in were told of this clause, and it influenced their decision to rent at the park.

The original owner died, and the property ownership transferred to the daughter and her husband and for many years the property was not sold, even though it is in a desireable location for developing. The day after Christmas 2005 the tenants were told the park has sold and they must get out.

1. Do the tenants have cause of action against the owner?
2. How can they find out if the park sold under the new eminent domain law?
3. How can they find out the purchase price?
 


seniorjudge

Senior Member
yonargi said:
Idaho. Tenants of a mobile home park moved into the park on the assurance of the owner that the park would not/could not be sold, due to a clause in the will of the original owner, who set it up so that his heir (his daughter & her husband) could not sell the property. New tenants coming in were told of this clause, and it influenced their decision to rent at the park.

The original owner died, and the property ownership transferred to the daughter and her husband and for many years the property was not sold, even though it is in a desireable location for developing. The day after Christmas 2005 the tenants were told the park has sold and they must get out.

1. Do the tenants have cause of action against the owner?
2. How can they find out if the park sold under the new eminent domain law?
3. How can they find out the purchase price?

Tenants of a mobile home park moved into the park on the assurance of the owner that the park would not/could not be sold, due to a clause in the will of the original owner, who set it up so that his heir (his daughter & her husband) could not sell the property.

This clause is unenforceable.

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1. Do the tenants have cause of action against the owner?

A: No.


2. How can they find out if the park sold under the new eminent domain law?

A: Eminent domain means there is government action to condemn land; there is no government action here based on the facts in your post.


3. How can they find out the purchase price?

A: Search the land deed records in the courthouse for the transfer; also check the assessor's records in the county where the land is located. You may or may not find the info, but those are starting points. But it doesn't really make any difference if the land were sold for $1 or $1,000,000.
 

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