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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33719
Experience:  15 years real estate, Realtor. Landlord 26 years
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I live in the village of Northbrook,Il. A parcel of land

Customer Question

I live in the village of Northbrook,Il. A parcel of land directly behind our house is owned be the village. The parcel was previously covered with hundreds of trees. the trees were up to forty to fifty foot tall. The village had chosen this site to build a water retention pond to hold 1.5 million gal. of water. 100' wide by 600' long. Just behind this parcel is land owned by commonwealth edison which have tall towers with high tension lines. Now that the trees have been removed, which were a visual buffer we now see 36 different lines of transmission. one week after the trees were removed Zillow dropped the value of a property by 175K, From $825,000 to $650,000. We had our house up for sale before this happened, but since the trees were taken down, we have not had a single showing. Do we have a recourse against the Village, Bob Roberts,410 Barnsley Pl. Northbrook, il. Thank You
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Illinois.
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: Hello Pearl, are you still there?
JA: No. I'm the Real Estate Lawyer's Assistant.
Customer: Look forward to hearing from you.
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Barrister replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Unfortunately, unless you had some type of "scenic view" easement that prevented the village from removing the trees, then you wouldn't have a recourse. The trees belong to the village if they are on their property and they can remove them if they choose to. This is the case even if it affects the surrounding properties, positively or negatively. If they had done something that drastically increased the value of the property, then they couldn't ask you to pay them some of the increase and the opposite is true..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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Customer: replied 3 months ago.
Thank you, ***** ***** response. The village could have come up with a design which could have saved a good number of the tallest trees which were cotton trees which are big water drinkers, but chose to clear cut all the trees because it was a more cost effect means regardless of how it affected the property owners. I met with the village board president and one of the village board members along with the village engineer and told them how their plan would affect property values but they went ahead with their plan.
Expert:  Barrister replied 3 months ago.

I agree with you that it is a disgusting outcome and aesthetically a poor decision. I would be furious if they did that to me. But legally the trees are theirs to do with what they want... So they took a "damn the homeowners" point of view in their decision making process.. And I would remember that come time to vote them out and put someone else in who might be open to some type of new tree barrier being planted to shield the area from view..

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thanks

Barrister

Customer: replied 3 months ago.
Do you remember our property is up for sale. We hope to move on. I am seventy years old. Losing this much value is a big deal at my age. I don't have the opportunity to run these bad players out of office. How has anyone beat Golieth in the past?
Customer: replied 3 months ago.
What does a sling shot look like?
Expert:  Barrister replied 3 months ago.

Yes, I remember and that is what makes this the most unfair and inequitable... If you were planning on living there for another 20 years, it might not be that big a deal..

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But to be honest, as much as it pains me to say it, the little guy virtually never wins when going up against the big money. That makes a good movie, but reality tells a different story..

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I am sorry that the news isn't better...

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thanks

Barrister

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