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E1 t4 `)~_ :`gel _. ~._~fl/'f.-`et,~te S-1: .~~.. ~.:._~ ?.'1'~7 -~-'r'an ~.~i .~i ~.~ r~f~7~~~d'~ ~ (~~' ¢lt~ _ ~ _ ~,.,. lv_. ~ S ~-.- _ _. _ _ J_x, _ • .~~~`~ `.... ~t~r s: ... r. • r ~.. I s,'u S't" ~~1, ~ v-d r'liT (`r pTp -sr V -_ Y .P. JSJ.J ..1 ~1 ~y .. . M i ~ ~.: f. ~ LAND ACQUISITION POLICY STATEMENT (Appertaining to a Water and Sewer Project of the City of Canton, Illinois) The following is a statement of policy, officially determined by the City of Canton, Illinois, which specially appertains to the acquisition of land (or, interests therein) required in the furtherance of a project of this City which has been formally designated as "WS-Ill-263" and which, more informally, has been referred to as "the water and sewer project." The policy here stated is one of remedy and in cure of events and circumstances which need to be set forth at the outset so that the policy itself is not only clearly understood but, even more, may be fully implemented to its intended results. Thus, these events and circumstances, briefly stated, are as follows: This City acquired the land (or, interests therein) needed to construct the "storm sewer" portion of the project and in fact made construction thereof in conformity with plans developed by its consulting engineers. So far as is known, all such acquisitions were brought about and made with and to the satisfaction of all persons concerned therewith as owners of or as having any direct interest in and to realty directly involved with and necessary to implement the project. However, and unfortunately, after the fact of acquisition (and, even of construction itself), it was brought to the attention of the City that certain land acquisition procedural steps required by the Federal Government in projects involving the use of Federal funds, had not been followed, (apparently because they were not known and understood by the City). Since these procedures were intended to implement a certain Federal law known as the "Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970" (P.L. 91-646), which, among other things, seeks to insure that just compensation is paid for land (or, interests therein) utilized for projects such as this, Federal authorities have now required this City to now set about making determination of just compensation by way of remedy, insofar as possible, in implementation of the purposes of the cited Federal law; and, further, insofar as possible, by following the Federal procedures above mentioned. This the City will do and, as one of the mentioned procedural steps, has adopted this policy statement which, in the following paragraphs states purpose and outlines procedures to be followed in the premises hereof. The first purpose of this statement is to declare the policy of this City that persons entitled to payment for the land (or, interests therein) utilized for this project will be paid just compensation therefor; and secondly to outline the principles and procedures which will be followed in the determination thereof. In the implementation of this policy, not only will the agents of this City be required to follow it in both principle and practice but, in each instance, each person who may be entitled to payment will be provided with a copy hereof in advance and at the time procedural steps are implemented for the determination of just compensation. Further, because of the peculiar circumstances giving rise to this statement, it shall be the further policy of this City that in the event just compensation is determined to be a lesser sum than that already paid, the person to whom such payment has already been made will not be required to make reimbursement of any part thereof to the City; on the other hand, if just compensation is determined to be a greater sum than that already paid, the deficiency amount will be paid to the person thereto entitled. In the process of the determination of just compensation all persons who may thereto be entitled shall be treated uniformally and without discrimination; and, in any situation, if such there he, where agreement has not been reached as to the proper amount of just compensation, reasonable efforts, marked by candor, patience and understanding, shall be made to bring about agreement by adjustment, negotiation and compromise. Further, and in this respect, in order to implement final resolution in any case of continuing disagreement on the issue of just compensation, the City, upon request, will consider final resolution thereof by informal procedure before agreed and qualified persons sitting in determination thereof as if in arbitration. The determination of just compensations and fair market values will be referenced to the time the land (or, interests therein) was acquired and will be initiated by appraisement at cost to the City. One competent professional appraiser, acting inde- pendently, shall appraise each property involved and the portion and interest therein utilized for the project. A review appraiser will also make an on-site inspection of the property and comparable properties, if any, considered by the appraiser in deriving his valuation and determine for each parcel his opinion of the fair market value. The review appraiser .ill determine the just compensation to be paid after review of the appraisal performed by the appraiser acting independently. Under no circumstances will the just compensation to be paid be less than the amount so determined. ~ 1 ~ r .~ ~ s ~ a r In any circumstance (if such there be) where the City has acquired such portion of realty (or, interests therein) so that the value of the remainder has thereby been decreased, payment shall be made for the loss in value to the remainder. Such damage or loss shall be evaluated by the appraiser and explained to the person or persons affected during the course of negotiations or discussions leading to determination of payment entitlements. Further, if perchance it is made to appear that acquisition of a portion of realty (or, interest therein) has thereby caused the remainder to be and become an uneconomic remnant, the City will offer to acquire the whole of such realty by payment of fair market value. All persons who may be entitled to just compensation (or, their designated representative) shall be given opportunity to accompany each appraiser during his in- spection of the property. This opportunity shall be afforded by written notice (or, otherwise) and reasonably prior to the time of the contemplated inspection and so that there is ample time to make arrangements to accompany the appraiser. After determination of just compensation has been made the City will promptly submit to the person or persons thereto entitled a written offer to pay the same in full for the land (or, interests therein) necessary for the project. If the amount is acceptable the offer is to be signed by the person or persons entitled to payment and by the City. Payment of just compensation will thereafter be promptly made. If, on the other hand, the proffered amount is not deemed acceptable it may be refused. Resolution of the matter may thereupon be made in the manner hereinabove set forth or, by such alternative methods as by the person or persons entitled to compensation may be determined necessary to protect their interests. No person entitled to compensation shall be required to pay any sales commission thereon and all costs and expenses necessary to implement this policy and to determine and pay just compensation shall be paid by the City, excepting, however, costs and expenses incurred by any person or persons entitled to compensation on account of any appraiser or other person employed by them or on account of any procedure instituted by them and not specifically agreed to by the City, shall not be paid by the City and shall be paid by the persons who made arrangement therefor. Finally, since this statement is retrospective and in remedy of past omission, this City deems it particularly important to again remind itself and all hereby affected, that the policy here enunciated seeks to implement the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, both in fact and in spirit. (This Land Acquisition Policy Statement was adopted by the City of Canton, Illinois by Resolution ~~ passed by the City Council and approved by the Mayor thereof at a regular meeting thereof held ~~,~ ~/, ~~ 7~• )