Legal Question in Real Estate Law in Illinois
I own two vacant lots in ******* Illinois. I
was told by a real estate agent that lots don't
sell and the easiest way to sell them is to
build a house on them. My father has been the
general contractor for the construction of
single family homes in the past, so I thought
to build/sell the lots this way might be a
good idea.
The problem is that although the property is
zoned residential the city of ******* is making
it nearly impossible to get a permit. The water
main nearby is on the other side of a small
stream. The city insists that the stream be dug
out and the water be brought to site even though
this will cost 25-40K and might not even be
approved. There is a $1500 application fee with
monthly charges for "engineering" while they
decide if the project should go forward.
Other adjacent properties have wells instead of
the city water which is much more economical but
they will not allow this for my lots. We were
told to get a "letter" from the county but were
refused. Why do we need a letter? What about the
law? If I want to run a red light can I get a
letter from the police?
The city of ******* scares me. In the past for the
same lots I was told 4 townhouses could be built
so I submitted the project to the city for
"engineering" and paid monthly. After several months
they asked me to survey 160 acres across the street
to see if my < 1 acre parcel will affect drainage
of that area. I gave up.
What country is this? The government acts like
some kind of mafia extorting money for "engineering".
What should I do stop paying taxes and let them
have my lots? Should I give the lots to charity?
1 Answer from Attorneys
While your anger and frustration are clear, and possibly justified, there are just too many possibilities that make it impossible to answer intelligently for you without a substantial amount of learning what is really going on. As only one example, if the homes in the area were built under older codes and newer codes have superseded them, they can often make previously buildable lots appear non-buildable, and only a lawsuit to determine if the newer codes are "unconstitutional as applied" may have any positive results. I handled such a case back in the 1980s and won both at trial and on appeal, but the time it took and the fees and costs, may be cost ineffective for you. I still think you should consult with local real estate counsel to explore what all the factors are. Yes there may be some "political" ones, but it can also easily be a case of newer requirements trumping older ones and the municipal staff is hamstrung.
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