Legal Question in Real Estate Law in Illinois

I have a question about how Illinois law and the "Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970" and its revisions apply.

A local schoolboard (who is federally funded with federal money, right?) is attempting to buy my home through the force of eminent domain powers. The representative who presented my family the offer for my home stated that the schoolboard was *choosing* to follow the uniform act provisions EXCEPT the housing of last resort.

In the federal law, the representative could not choose a lesser replacement property, a property missing major utility features, not be in an unsafe location, etc. All of the replacement properties were either lesser in utility or function, were in lead contaminated environments, or were not even close to comparable. Under the uniform relocation act, he must offer us comparable houses, and if he cannot find any under the estimate, he is supposed to evoke "Housing of Last Resort" clause where pretty much any comparable house on the market can be used. The agent said that the school district does not receive federal funds (which it must, right? its a poorly funded school district) and it does not have to abide by the federal uniform act, and thus does not have to provide us housing of last resort. The houses are not even decent safe and sanitary. What can we do? We are poor and hiring an eminent domain lawyer over such an inexpensive but very vital and important home case is shocking to us. Does the state school board not have to abide by the federal uniform relocation act? Why or why not? THANKS FOR YOU HELP!!


Asked on 10/19/16, 11:06 am

1 Answer from Attorneys
Stephen Messutta

I think you need to contact an attorney. School boards are local and funded, typically, by property taxes. Schools are NOT federal programs. So without doing some potentially time consuming and costly research, I can not say with any confidence that you are even headed in the right direction just because a local school board may receive funds that come from the federal government. And don't be pennywise and pound foolish - if you are correct attorney's fees may be recoverable against the condemning authority.

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Answered on 10/21/16, 10:31 am


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