The Chicago suburb of Dolton, Illinois, has threatened to use eminent domain to seize the childhood home of Pope Leo XIV, which is scheduled to go up for auction next month.
The Chicago Sun-Times the property is slated to be auctioned on June 18 by Paramount Realty USA. However, the village’s attorney, Burton Odelson, sent a letter to Paramount warning that Dolton will not allow any successful bid to go through.
“Please inform any prospective buyers that their ‘purchase’ may only be temporary since the Village intends to begin the eminent domain process very shortly,” Odelson wrote.
The 1,200-square-foot brick home, located near the South Side of Chicago, was thrust into the real estate spotlight when Cardinal Robert Prevost became history’s first American-born pope. The Prevost family owned the property from 1949 to 1996, and it last changed hands when an investor purchased it for $66,000 with the goal of renovating and flipping the property. The home was listed for $199,000 but was quickly taken off the market after Prevost’s election as pope.
Oldeson said the village planned to work with the Archdiocese of Chicago to create a historic site at the property, but the archdiocese has not made any public comment confirming that claim. On Monday, the Village Board approved a resolution to designate the street where the house is located as Pope Leo XIV Place.
Photo courtesy of Homes.com
It is a nice thought….but Eminent Domain is not intended for this purpose. I think this would be a loser in court for the city.
If the city intends to make it a historic site, that could very well be deemed a public purpose. There have been cases across the country in which eminent domain was successfully used to transfer ownership from one private party to another private entity for development of a shopping mall or factory, arguing the tax revenue and/or jobs generated was a public purpose. I think the courts could interpret a “tourist attraction” drawing visitors to the town who’ll spend money in local restaurants, hotels, etc. to be a public purpose.
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I think a safer route for the city to take would be to declare the site an historic landmark (local, not national) and thus preserve the property. Robert Keir is correct, eminent domain is to be used when a property will be used for municipal purposes. If the property is a landmark, then I believe the argument could be made that eminent domain is necessary to preserve the historic nature of the property.
I think they will use eminent domain just to stop the sale and put title of the property in some type of trust, while the red tape is completed to turn the sight into a historical landmark! Eminent domain can be used as long as the property will be for public use like a public museum for example.
Regardless of the order in which eminent domain or historic designation occur the end result will be the same. Should the owner fight eminent domain it will be tied up in court for awhile. The court will look at the totality of circumstances. *IF* the court deems it being designated a historic landmark will be the defining point on which to allow ED to proceed or not, I’m sure the court will consider the city’s plans & what steps have been taken to that end and likely delay a final ruling subject to achieving a set goal.
IT’S A MONEY GRAB, IF THE CITY WANTS THE PROPERTY LET THEM BID AT THE AUCTION.