End of the road for Hildale?
 
By Ben Winslow
Deseret Morning News
 
The Utah Attorney General's Office may begin looking at dis-incorporating the polygamous border town of Hildale, stripping its city leaders of their authority and turning it over to Washington County.

Irritated by Hildale leaders' refusal to cooperate with any of the court-ordered reforms of the United Effort Plan Trust, a judge in Salt Lake City's 3rd District Court suggested that state authorities at least consider the idea.

"I hope that, if the need should arise, the attorney general will pursue. . .the necessary steps to ensure that nobody is above the law — including cities," Judge Denise Lindberg said at the conclusion of a Monday morning hearing at the Matheson Courthouse on the UEP Trust.

Dis-incorporation is the latest idea being considered to bring order to what continues to be a troubled situation in Hildale and its sister community, Colorado City, Ariz.

"We certainly have considered that in the past," assistant Utah Attorney General Tim Bodily said outside of court. "We have not made a decision."

Lindberg asked the Arizona Attorney General's Office to look at the idea, too.

Officials say elected community leaders continue to answer to Fundamentalist LDS Church leader Warren Jeffs, ignoring the reforms of the polygamous sect's financial arm — the UEP Trust.

In 2005, the courts took control of the UEP Trust amid allegations that Jeffs and other top FLDS leaders had been bleeding it. The judge appointed a special fiduciary, Bruce Wisan, to handle the financial affairs. Recently, Wisan has been trying to implement reform efforts, including the privatization of property.

Jeffs, 51, is now facing an April trial on charges of rape as an accomplice. The FLDS leader who was once on the FBI's Ten Most Wanted list remains in jail, but sources have told the Deseret Morning News he continues to conduct business from behind bars.

In December, the Hildale town council refused to consider plans to subdivide property in the community. Last week, the UEP Trust — now under the court's control — filed a lawsuit against Hildale.

Fiduciary-lawyer Jeffrey L. Shields said community leaders are afraid to make any decisions.

"It's because of this fear of retaliation by religious authorities," he told the court.

"Have you considered the possibility of de-annexing some of the property?" Lindberg asked.

The problem is, it may require a vote of the citizens — most of whom are active FLDS members.

"There are provisions that allow a city to be disenfranchised or disincorporated. Typically it requires public vote to do that," Bodily said. "For that reason, we haven't taken action."

Jeffs has issued an edict to his followers not to cooperate with the fiduciary. Many have refused to even pay property taxes until their homes were posted with demand letters.

About 40 people have inquired about filing petitions to receive benefits from the UEP Trust, which controls about 95 percent of the land in Hildale and Colorado City. Those benefits include the possibility of owning land outright. It's a departure from the early-Mormon concept of a communal "united order" that the FLDS-towns were founded upon.

"Some are disappointed," Wisan said of FLDS members' reaction to the changes. "The philosophy of their whole lives, the distribution of the UEP, is changing."

The UEP Trust is hoping to sell some land quickly, because it is running low on cash. Wisan said there remains about $91,000 in the accounts, but he and his lawyers have not been paid yet. The Deseret Morning News reported in December that Wisan is owed about $100,000. His attorneys estimate they are owed about a half-million.

Some property in the nearby community of Apple Valley is also interesting to developers.

Homes that have been abandoned may also be finding new life. Many homes were recently abandoned when the families — mostly related to Warren Jeffs — packed up and left town. Wisan is in talks with someone who wants to turn a 19-bedroom, 23 bathroom home with three kitchens into a home for boys kicked out of the FLDS Church.

After two prospective buyers backed out, Wisan is now hoping to auction off the gargantuan Western Precision building in Hildale on Feb. 27.

The FLDS-linked business relocated to the Las Vegas area, abandoning the Hildale facility.

"It's an incredible building, and yet the location is a difficult one," Wisan said. "There's a stigma attached there."

E-mail: bwinslow@desnews.com
 
deseretnews.com
Originally published Tuesday, January 23, 2007
 
Back