HomeMy WebLinkAboutRESOLUTION - 120-80 - 12/16/1980 - UNIFORM RELOCATION ASSISTANTRESOLUTION hO. 120-80
A RESOLUTION REGARDING UNIFORM RELOCATION ASSISTANT AND REAL
PROPERTY ACQUISITION
P.Oii, niEREFORE, BE IT RESOLVED by the President and Board of Trustees
of the Village of Elk Grove Village, Counties of Cook and DuPage, State
of Illinois:
Section 1. That the Village President be and is hereby authorized to
sign the attached documents marked , a Resolution Regarding Uniform
Relocation Assistant and Real Property
Acquisition, a copy of which is attached hereto and made a part
hereof as if fully set forth and the Village Clerk is authorized to
attest said documents upon the signature of the Village President.
Section 2. That this resolution shall be in full force and effect
I
rom and after its passage and approval according to lata.
^-'
1 th of
December 1980
da •r
APPROVED this 16th day of December , 1980,
Atcat:
Village -Clerk O
Page 1 of 4
Project Elk Grove Village - Step 2 Design
C17 2318-02
RESOLUTION REGARDING UNIFORM RELOCATION
ASSISTANCE AND REAL PROPERTY ACQUISITION
whereas regulaticns of the U. S. Environmental Protection
Agency regarding grants for construction of sewage treatment works,
40 CFR 35 E, require that the Village of Elk Grove Village
comply with 40 CPR 4; therefore, be it reso ve that:
I) regarding real property acquisition (strike A or II),
A) the project will not require the acquisition of any
real property, including easements, on or after
January 2, 1971, XOR
B) inasmuch as the project will require the acquisition of
real pro erty (where real property may include eas ments)
on or aft'' January 2, 1971, and, (strike 1 or 2)
1) inasmuc as the real property acquisition 's complete,
the of herewith
attac es tri e a or b)
a) a state nt by the seller that th price paid
for prop ty (including easement is fair and
reasonable- and he is aware of is (PL 91-646)
rights and aives them; OR
b)
i) a detailenarrative s atement pointing out
the manner n which a qui'sition policies have
conformed to Subpar F and the public informa-
tion requir.em nts 40 CFR 4; AND, IF NECESS:
ii) a discussion o. e manner in which it is
intended to re y any deficiencies in those
acquisition p 'ic'es to comply with Subpart F
and the public in rmation requirements of
40 CFR 4.
OR
2) inasmuch as thy real property a
complete, the. o
hereby assur s that it will-.
a) fully omply with the requi.
of 4 CFR 4, and
ition is not
is of Subpart F
b) ad _quately inform the public of thcquisition
licies, requirements and payments which will
apply to the project.
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Page 2 of 4
II) regarding the displacement of persons (strike A or B):
A) the project will not result in the displacement of. any,
person from his home, business or farm on or after_
January 2, 1971,
B) inasmuch as the project will result in the displacement
of a person from his home, business or farm on or after
January\2, 1971, and, (strike 1 or 2): /
1) inasmuch as the displacement has alread been
comple�ed, the of
herewith attaches strike a or b):
a) a sta ement from the displacee at he is aware
of hi (PL 91-696) rights and w ives them; OR
b)
i) a de fled narrative sta ement outlining,
item Iv item, the manne in which the relo-
cation rocedures of t e
of have conformed to
Sections 9.400, 4.50 and Appendix A of
40 CFR 41 ND, IF N� ESSARY,
ii) a discussio o£ the manner in which any
deficiencie:> 'n t e relocation procedures
of the of
as compared to Sections 4.400, 4.500 and
Appendix A of }'FR 4 will be corrected.
OR /
2) inasmuch as the dis lacemeni is not completed, the
of hereby
provides assuranc that:
a) it will ade irately inform t� public of the
relocation ayments and sery ces which will be
available/�s set forth in Sub arts A, B, C and
D of 40 GFR 9
b) it will provide fair and reasona le relocation
paymen s to displaced persons as equired by
Suboa is B and C of 40 CFR 4
c) it ill provide a relocation assista ce program
for/ displaced persons offering servic s described
in/Subpart D of 40 CFR 4
d) comparable replacement dwellings will be\ vailabl
pursuant to Subpart C of 40 CFR 4 or will provide
if necessary, for a reasonable period in advance
of the time any person is displaced.
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Resolved this 16th
Page 3 of h
Project Elk Grove Village - Step 2 Design
0172318-02
day of
December
, 19 80 .
Name
Title: Village Presudentl/
Mayor, V111aae Pres., etc.)
Name:
SEAL)
Title: Vi I ]age Clerk
Clerk, Secretary, etc.
Approval signature by the
attorney: Name:
Attorney at Law
* If
municipality is leaallv unable to provide the specified
assurances, a statement aetailing a
which the municipality is unable to
under State Law and an opinion from
discussing the issues involved and
support of the conclusions for each
inability to provide any part of th
be submitted.
* * a
ny provisions of the assurances
provide in whole or in part
the chief leaal official
citing legal authorities in
representation of legal
e required assurances, must
There is a Federal document entitled, "Uniform Appraisal
Standards for. Federal Land Acquisitions", prepared in conjunction
with the Interagency Land Acquisition Conference, 1973, which
specifically addresses the application of offsetting benefits in
computing just compensation where a partial interest in real pro-
perty is taken. The document is for sale by the Superintendents of
Documents, U. S. Government Printing Office, Washington, D.C. 20402,
price 65 cents, stock number 5259-0002. Attached is a summary and
condensation of certain portions of this document which may be of
benefit.
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SUMMARY OF
OF
UNIFORM, APPRAISAL STANDARDS
PORTIONS
FOR FEDERAL LAND
Page 4 of 4
SI:'IONS
The amount of just compensation payable by an applicant/grantee
for the partial taking of private property, including easements,
for the public use, shall be reduced by benefits to the remainder
of an owner's property, which can be reasonably estimated and
computed.
If, as a result of a project, the remainder of an owner's property
is of greater value than the entire tract before the taking, then
the owner is not to receive a windfall at the public expense. If
the benefits to the remainder property from the.makinq of the
improvement are equal to or greater than the loss, as a result of
the partial taking, then the property is not damaged and there shall
be no recovery.
The offsetting benefit concept can be accomplished by:
1. Determining the fair market value of the entire tract at the
time of the taking, excluding any enhancement or diminution
from the project.
2. Determining the fair market value of the remainder parcel,
including enhancement or diminution from the project.
The difference, plus or minus, computed from the above, will yield
the offsetting benefit/detriment to the remainder of an owner's
property.
After a partial taking, a property owner may be considered to have
been made pecuniarily whole again, by the increase in value of
the remainder property which he retains.
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