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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118709
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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We own a mobile home park registered in state of Indiana

Customer Question

We own a mobile home park registered in state of Indiana with 22 lots. It is a non conforming Grandfathered park. The City of Culver has said that we can only use 10 lots since the other 12 have been vacant for a few years. This has damaged our ability to generate new income and to sell the property as a mobile home park. Is this legal on the cities part?
JA: Have you talked to a real estate attorney about this?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes. Interested parties who approached the city with questions have been told not to buy it. As they do not want a trailer park to exist. They did not file any papers or notify any of the owners before rewriting the ordinance to say no more density allowed beyond the 10 lots
Submitted: 2 months ago.
Category: Real Estate Law
Customer: replied 2 months ago.
We contacted the state mobile home man and he said that local ordinances override the states
The city lawyer for Culver ,IN is part of the Redevelopment group that wants the park gone. We sold the city 15 ft frontage along the road for them to make a new gateway to Culver on Jefferson St about 2 yrs ago. They have not begun the improvement yet. The City is trying to gain a "Stellar" community designation currently.
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You would need to file for a waiver, based on your grandfather rights, to get the city to allow use. The city has a right to restrict or govern property within its borders as long as it does not impose laws less strict than state laws. The city can have laws that are more strict than state laws though.
So in order to get use on this property, you need to have a local attorney and have to file an appeal to the zoning/planning commission and if they deny your appeal then you could go to court to seek to get approval based on your rights being grandfathered.
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