VICKSBURG, Mich. — A judge in Kalamazoo County has ruled that the county can take control of a cottage privately-owned by a pair of families for more than 50 years, citing eminent domain rules.
Judge Curtis Bell signed the ruling on August 4, and says the county has met its burden of proving that it would be taking the property for public use.
The cottage in question sits on a third of a landlocked acre in Praire View Park in Vicksburg.
Kalamazoo Co. Cottage Statement of Facts by WXMI on Scribd
The county wants to restore the land and absorb it into the park, saying the private property in the middle of the area has caused a number of issues, such as needing to maintain a private driveway through the park and causing difficulty with public access for Kalamazoo County residents and visitors.
The county says, under an agreement with the original owners from 1963, it's allowed to purchase the property for a fair value after the last remaining survivor died, which happened a few years ago.
However, the two families who now own the property— the Johnsons and the Talandas— disagree and have been arguing that the cottage can be passed through each generation.
Under the August 4 ruling, the families will be entitled to compensation for the property.
Last year, the county voted to pay $310,000.
However, Judge Bell says the families are entitled to a trial, where a jury will decide how much they're owed.
FOX 17 reached out to the attorneys representing the families for comment on the ruling and are waiting to hear back.
