TRANSMITTAL LETTER FOR BOARD MEETING OF JUNE 26, 2025
COMMITTEE ON REAL ESTATE
Mr. John P. Murray, Acting Executive Director
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Authority to pay final just compensation for fourteen vacant and unoccupied properties within the right-of-way for the Central Park Stormwater Detention Basin and Separate Storm Sewer Improvements in Harvey, Illinois (Contract 18-249-AF) through summary judgment in the eminent domain lawsuits filed by the Metropolitan Water Reclamation District of Greater Chicago in the Circuit Court of Cook County, Illinois; Account 501-50000-667330, Stormwater Management Fund
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Dear Sir:
On February 2, 2023, the Board of Commissioners (“Board”) authorized the District to negotiate and enter into an Intergovernmental Agreement (“IGA”) with the City of Harvey (“City”) for the Central Park Stormwater Detention Basin and Separate Storm Sewer Improvements in Harvey (Contract 18-249-AF) (“Project”). Under the IGA, the District will complete the property acquisition, design, and construction, while the City will be responsible for long-term ownership and maintenance of the properties and improvements.
On April 20, 2023, the Board adopted Ordinance No. R23-001 (“Ordinance”) establishing the right-of-way for the construction, operation, and maintenance of the Project. The Project includes the creation of an approximately 23-acre-foot stormwater detention basin along Myrtle Avenue, between 153rd Street and 154th Street, to provide flood storage, as well as the installation of approximately 9,650 feet of storm sewer to convey stormwater to the proposed basin and allow discharge into the Wood Street storm sewer system. The proposed improvements will provide flood reduction benefits to approximately 209 structures.
Said Ordinance authorized and directed the Executive Director to negotiate with the respective owners to acquire fee simple title or such lesser interests, as appropriate, in and to the real estate described in the Ordinance. This included the fourteen vacant and unoccupied parcels identified on the chart and map attached hereto as Exhibit A.
After the owners of these properties did not respond to the District’s offers to purchase the parcels, the District filed eminent domain lawsuits in the Circuit Court of Cook County. The case information for each parcel is included in Exhibit A. All parties with a potential interest in these properties have been served and no appearances have been filed. Consequently, the District must file a motion for summary judgment asking the court to make a finding for the final just compensation due for each parcel and to request final judgment for fee simple title in the properties.
The attached Exhibit A shows the parcel number, address of the property, and final just compensation amount subject to the Court’s approval. It is the opinion of the General Counsel and Special Counsel, Neal & Leroy, LLC, that the amounts are within the range of value for the properties based on the appraisals obtained by the District. Because all of these parcels are vacant and unoccupied, no relocation costs are anticipated. Upon entry of the summary judgment orders, the District will deposit the final just compensation amounts with the Cook County Treasurer. A separate check will be issued for each parcel so that proof of deposit can be provided to the Court. Any party with an interest in the properties can then petition the court to withdraw these funds.
Accordingly, it is requested that the Acting Executive Director recommend to the Board of Commissioners that it adopt the following orders:
1. That the District seek final judgment orders in the eminent domain lawsuits filed in the Circuit Court of Cook County, Illinois, for the fourteen parcels identified in Exhibit A, and to deposit the amount of final just compensation awarded by the Court to the Cook County Treasurer for each of the said properties; and
2. That the General Counsel be authorized and directed to execute and deliver all documents and take such other actions as may be necessary to effectuate said acquisition through eminent domain and to attain possession of said properties.
Requested, Susan T. Morakalis, General Counsel and Catherine A. O’Connor, Director of Engineering; STM:CAO:BJD:MSZ:vp
Recommended, John P. Murray, Acting Executive Director
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for June 26, 2025
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