PHILO — The village is expected to take ownership of a nuisance property in the 100 block of McKinley Circle by the end of the month.
Attorney Jim Green of the Champaign firm Thomas, Mamer and Haughey sent the village a letter on April 30 stating that at an April 29 hearing, the Champaign County Circuit Court entered an order declaring the property abandoned. Unless the five property owners dispute the order within the next 30 days, the court will issue a judicial deed to the village.
"Assuming this happens, you'll need to determine as the owners of the property what to do with it," Village Attorney Paul Hendren said.
Four of the owners have recorded disclaimers of ownership, but Green said he believes the disclaimers were ineffective because they already own the property. The five owners became the property owners when their mother died in 2000, in accordance with a sales contract that they and their mother entered into with the previous property owners in 1983. However, a deed was never recorded, so the previous owners recorded an affidavit in November 2012 explaining that the five individuals are the owners of the property. The five owners mistakenly believed that their father owned the property and that they were to inherit it from him.
The court order states that the property's water bills have been unpaid for two or more years, the owners do not occupy the property, and the property contains a "dangerous or unsafe" building.