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I live in Michigan. and the village wants my house Condemned

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I live in Michigan. and the village wants my house Condemned and yes the house is very bad. They've put it in the local paper that in the next village meeting that they going to talk over what they're going to do about my property. Now if they get it condemned do they have to give me notice so I may get a place and move out. Or do they have the right to just lock put a tag on the door that no one may enter and the stuff I've got inside the house is lost.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Pro replied 1 year ago.

Welcome to JustAnswer! My goal is to do my very best to understand your situation and to provide a full and complete excellent answer for you.

My name is XXXXX XXXXX I'm going to assist you with your question.

Please bear with me if you believe my answer isn’t coming fast enough because I’m also working with other customers too. I apologize for any seemingly late response.


Just to be sure - what county and city is your property located in?
Customer: replied 1 year ago.

St. Joseph county in the Village of Burr Oak

Expert:  Law Pro replied 1 year ago.
OK. Let me double check on the mandatory condemnation procedures and I'll get back to you.
Expert:  Law Pro replied 1 year ago.
OK, here is the law about the municipality abatement of an alleged nuisance

Abatement of Nuisance

MCL(NNN) NNN-NNNNprovides that all claims based on, or to
abate, nuisance may be brought in the circuit court. The
statutory provision recognizes the traditional power and
jurisdiction of circuit courts to grant injunctions to stay and
prevent nuisances. Michigan Court Rules 3.310 (Injunctions)
and 3.601 (Public Nuisances) should also be consulted.
If a violation of a nuisance is classifi ed as a municipal civil
infraction, certain powers are granted to district courts
under the Revised Judicature Act, chapter 87. MCL
600.8727 provides that the district judge or magistrate may
issue a writ or order under MCL(NNN) NNN-NNNN MCL(NNN) NNN-NNNNbr/>grants equitable jurisdiction and authority to district courts in
an action under chapter 87 (Municipal Civil Infractions). The
section specifically states that the grant of equitable jurisdiction does not affect the jurisdiction of the circuit court to
1) hear and decide nuisance claims under MCL(NNN) NNN-NNNNbr/>or 2) hear and decide actions challenging the validity or
application of an ordinance and enjoining an individual from
enforcing the ordinance in district court or municipal court
pending the outcome in circuit court.


Condemnation

Condemnation by the municipality is a procedure available,
generally, “if all else fails.” In short, it is the intentional acquisition
of private property by a public entity.


You asked:


Now if they get it condemned do they have to give me notice so I may get a place and move out. Or do they have the right to just lock put a tag on the door that no one may enter and the stuff I've got inside the house is lost.

They will give you notice to vacate and remove your property. They only have to give you days to vacate and remove your property.

So, if you have notice of the next hearing you have to be ready to argue against the condemnation OR basically be out of the property or you have days before the sheriff will phyically remove you and your property to the street.

Regretfully, they will only give you days to be out once the condemnation decision is made.


I am truly sorry to give you this bad news, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than an honest response. However, if your concerns were not satisfactorily addressed, then please let me know, and I will be happy to clarify my answer. I do ask that you rate me based upon whether I answered your question, and not based upon whether the answer was good news or bad news. Your positive feedback is greatly appreciated. Thank you for using our service!
Law Pro, Lawyer
Category: Real Estate Law
Satisfied Customers: 23812
Experience: 20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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