A group of bunker residents and lessees has filed a class-action lawsuit against Vivos xPoint Investment Group, the California-based owner of a former military munitions site near Edgemont, South Dakota. The lawsuit claims that the leases offered to those renting underground concrete bunkers—often called “igloos”—are illegal and unenforceable, and it could lead to the company owing more than $17 million to tenants.
These bunkers were once used by the U.S. military between 1942 and 1967 to store weapons and chemicals. In 2016, businessman Robert Vicino bought part of the site and turned it into a survivalist community. People interested in “living off the grid” or preparing for global disasters rent the 2,200-square-foot bunkers by paying an upfront fee up to $55,000 and signing a 99-year lease. However, many tenants say the lease terms are unfair.
The lawsuit argues that the lease allows Vivos to change key parts of the contract at any time without tenant approval. It also says tenants are required to spend their own money to make the bunkers livable by installing utilities like electricity and water, which should be the landlord’s responsibility under South Dakota law. If tenants are evicted, the company keeps the improvements they paid for, then re-leases the bunkers to new renters who must pay the same upfront fees. This has led to several evictions and legal battles.
The suit also accuses Vivos xPoint of making false promises about community amenities. Before signing leases, tenants were told the complex would include a medical facility, gym, laundry, and other services. But, according to the plaintiffs, none of these have been delivered. Basic services like trash pickup, security, and road maintenance have also been inconsistent over the years.
This new legal action follows a similar case brought by a former resident, which was upheld by a circuit court but is now being reviewed by the South Dakota Supreme Court. The class-action suit was filed on September 16 on behalf of six tenants. If the court grants class-action status, about 150 renters could be involved. Many tenants who heard about the lawsuit have already shown interest in joining.
J. Scott James, the attorney representing the plaintiffs, estimates that if the lawsuit succeeds, Vivos might have to pay back all the upfront fees, the money spent by tenants upgrading their bunkers, monthly service fees, legal costs, and potentially punitive damages. If the company cannot make these payments, tenants could gain ownership of both the bunkers and the land underneath.
Vivos owner Robert Vicino has not responded to requests for comment. In previous interviews, he referred to complaining tenants as “bad apples” and said most renters are satisfied with their experience.
The Vivos xPoint site has been troubled for years. Along with lawsuits and disputes with residents, there was a near-fatal shooting involving a tenant and an employee in 2024, although the tenant was not charged after a grand jury investigation.
As this case moves forward, it highlights the challenges of turning old military installations into residential spaces, especially when leases and promises don’t match the realities faced by those living there.