DNR says retirement home sits on state land, owner must remove it
Posted: 03.24.2011 at 7:17 PM
Updated: 03.25.2011 at 6:30 PM

Judith Duke says she wants to work something out with the DNR, but wants it to be fair

Photo

MONTMORENCY CO., MI -- A Montmorency County woman says 10 years ago she found the perfect place to retire but she's now afraid she may end up homeless.

That's because she just found out her property line runs right down the middle of her house.

The Department of Natural Resources recently contacted Judith Duke and told her that her house and several other structures she owns are on state land.

They've offered her a couple of options to deal with the issue, but she thinks they aren't fair.

Judith Duke said she found her place of solitude.  Duke calls the "Aftermath" her perfect retirement home.  She named it after her being a math teacher for 40 years.  But what she didn't know is now a major concern.

"Never had a problem.  Nope, not until August of 2010," said Duke.

Duke said Department of Natural Resources planned to clear-cut trees in the area and surveyors came out to her property last year.  She remembers videotaping the men as they placed stakes on the property line.  And as they staked it out she couldn't believe it.

“They say that the property line, disputed property line, goes through the middle of this house," said Duke.

Right smack dab where's she sitting right now.  She remembers when she bought the property, the former homeowners, the mortgage company, the title company all signed off on the transaction.  Duke assumed the property line was the old metal wire, about 125 feet from where the GPS survey determined it actually was. 

“The survey showed that she is indeed on public land, land that belongs to the people of Michigan,” said Mary Dettloff, spokesperson for the DNR.

The DNR gave her a couple of options.  She could have purchased a 20 acre parcel of land in Hillman for $60,000 and swapped with them to keep her 2.5 acre parcel or keep the structures where they were but give up all of her river frontage.  She declined both, saying neither was a fair trade.

“If we're going to give something to her that belongs to the public, she has to give something to the public in return," said Dettloff.

This month, the DNR sent Duke a letter saying she must have all structures off the property, the driveway tore up, and the area returned back to nature by September first.

“Now the state wants to take my house, and I thought I could get on with my life and retire here," said Duke.

The DNR says surveying is becoming more and more accurate, and these types of cases are becoming more prevalent.

There are 3,000 state land trespassing cases right now.