St. George – Dozens of Hildale residents evicted from their homes for failing to pay occupancy fees to a trust overseeing land in the polygamous community have filed a letter with the 5th District Court, asking to be allowed to remain in their homes.
They also questioned the constitutionality of their evictions.
“How can a nation that guarantees ‘religious freedom’ trample under foot (sic) the laws and rights all people should enjoy in this great nation of ours?” Jennifer Holm wrote after she was among six residents and an additional 30 “John and Jane Does” given notice to leave their home at 850 N. Hildale Street.
“How can anyone honestly and fairly evict a family out of a home they earned and built themselves? How can they, without guilt, expect them to pay a monthly fee to live in that home, for no services rendered or benefits exchanged?” wrote Melody Young, after she and 11 named family members plus the unnamed “John and Jane Does” were similarly evicted from their home at 380 E. Utah Ave.
About 50 Hildale homes received notices in January that they were delinquent in paying taxes and occupancy fees to the United Effort Plan trust, which was established by the forerunners of the polygamous Fundamentalist Church of Jesus Christ of Latter Day Saints but taken over by the State of Utah nearly a decade ago amid concerns that FLDS leaders might bankrupt the trust through mismanagement.
The trust has been mired in lawsuits since, as the church has sought control of the UEP’s resources and the state’s fiduciary has pushed to make trust “tenants” accountable for the property they occupy.
UEP employee Jethro Barlow, a Hildale resident who lives on one of the trust properties, said after the 50 homes received notices, their occupants paid delinquent taxes but “ignored” the $100 per month occupancy fees required by the trust as a type of “rent” to fund the trust’s affairs.
Because the taxes were paid, the UEP delayed the 10-day warning notices, but in July followed through and, after an information meeting last month, issued the eviction notices for 14 of the residences, Barlow said.
“Obviously, we’d like (them) to stay there … and we’d be perfectly willing to work things out,” he said. “Vacancy is the least desirable of options; however, there have to be some occupants there that are in compliance. … But none of those people contacted the fiduciary. Instead they moved out and began construction of their tent city.”
Barlow said the UEP fiduciary is now waiting to see how the 5th District Court will respond to the residents’ letters following an anticipated but as-yet-unscheduled hearing that could lead to a final order allowing the trust to occupy the homes and issue agreements to new residents or owners.
Barlow said he doesn’t know if all the complaint letters will be considered by the court, because many of them were written by minor-aged children.
“Do you want us homeless?” Ray Johnson, 13, an evicted resident at 365 E. Jessop Ave., wrote. “In the original trust agreement, it states that if the trust stops working, it will be dissolved and the Land and property will automatically fall into the hands of the President of the Fundamentalist Church of Jesus Christ of latter day saints. It has been changed illeagally (sic), where is the justice?”
Another of the eight named residents at the address, 86-year-old Eva Johnson, wrote that after the family left the home, they went back to collect some outdoor belongings and found the walls had been slashed by razor blades overnight, so they sent someone to stay at the house to keep it from being vandalized further.
Alma R. Barlow Sr., 79, one of seven named residents at 865 N. Canyon Street, said he is temporarily living with friends following his eviction.
“I have been a Utah licensed Plumber for over 40 years and have given our property to the church (the united effort Plan) some 40 years ago. … I cannot understand how the state of Utah can compel us to move or give (others) our rights to the property.”
Jethro Barlow said the trust is still trying to work with Hildale’s neighbor, Colorado City, to enforce subdivision of the UEP’s property so it can establish residency and financial liability for each housing parcel, but the city thus far has stonewalled.
“They’re not cooperating,” he said.