« Ind. Gov't. - "Town Council won't appeal ruling in Burns Harbor vs. Burns Harbor case" | Main | Ind. Courts - "Mistrial declared when jurors read paper" »

Friday, January 14, 2011

Environment - "U.S. moving forward with lake evictions: 2 homes still occupied despite repeated extensions, threats"

From the Jan. 12, 2011 Gary Post Tribune, a story by Teresa Auch Schultz that begins:

U.S. prosecutors are moving forward with two cases to evict people who the government says have outstayed their welcome at the Indiana Dunes National Lakeshore.

According to court records, the federal government is asking for summary judgment against Ann and George Bagnall and Deborah Pavel, who continue to live in their Beverly Shores homes despite having been ordered to move out last year.

The Bagnalls' home was in an area that the U.S. government started buying in 1966 to add to the Indiana Dunes National Lakeshore. The families were allowed to stay in their homes for a period of time. The deadline was extended several times so that they didn't have to move out for almost 40 years.

However, the extensions ended and the last 20-some families had to move out Sept. 30. The Bagnalls have been fighting the eviction, saying they were forced to sell their home and the government didn't pay them enough for the house. The government paid them $186,750 in 1985, according to records.

The government filed for eviction in November and now wants the judge to rule in its favor. According to the motion, the Bagnalls are still living at the house, although neither the national park nor George Bagnall would confirm whether they are still there.

Here is an earlier story, from the Nov. 14, 2010 Michigan City News Dispatch, reported by Deborah Sederberg. A few quotes:
BEVERLY SHORES — The U.S. Attorney for the Northern District of Indiana has filed a lawsuit seeking an eviction notice for a Beverly Shores couple. The complaint claims Ann and George Bagnall, who own a home overlooking Lake Michigan on the western edge of Beverly Shores, should have been out of their home on Sept. 30.

According to the complaint, on Oct. 6, 1985, the Bagnalls “delivered a deed conveying real property to the Indiana Dunes National Lakeshore.”

For the property, the park service paid $186,750, the suit notes. * * *

When the Indiana Dunes National Lakeshore was established by Congress in 1966, the National Park Service began to buy property within its boundaries.

The Bagnalls, like others whose property was purchased by the park service, had an opportunity to have what is called a life estate, said National Lakeshore Superintendent Costa Dillon. Under that agreement, they would have been permitted to remain in their home until the end of their lives. “We have four life estates in the park,” he noted. The various permits expired at different times, he said. Eight permits remain in place for residents who live on park property in Lake County.

Posted by Marcia Oddi on January 14, 2011 01:37 PM
Posted to Environment