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Downtown Redevelopment

Land Acquisition

The Redevelopment Project Area is bound by Olde Half Day Road on the north and the southeast corner of Route 22 and Milwaukee Avenue on the south, the actual area of land acquisition was contained within an area bound by Indian Creek on the north and Route 22 on the south (excluding the Marathon gas station). A total of ten land parcels were obtained for the proposed project. This acquisition area included the small area of developable land north of the creek that has been owned by the Village for the past three years and was the site of the former vehicle emissions test station. The southeast corner of Route 22 and Milwaukee Avenue, on the other hand, is a private property in which the property owner had been working with the Teng/Forrest partnership on a private land deal incorporating a proposed Jewel grocery store. However, this part of the development venture was unsuccessful.

The Village has obtained ownership of these ten properties with the goal of transferring that ownership to a developer once they are prepared to begin site preparation and construction of an approved plan. The value of this land will represent a significant portion of the Village's contribution to a development proposal on this property.

Approximately two years ago, the Village sought, and obtained, the authority from the State to utilize the Quick-Take eminent domain procedure. This was seen as an important tool in moving the Downtown project along in a timely fashion. This process allowed the Village the opportunity to receive title to property, based upon an appraisal and a court's decision on a preliminary compensation for that property. This eliminated the opportunity for a property owner to unreasonably detain the Village from moving forward by stalling the land acquisition with legal procedures. The property owner retained the right to pursue action to have the property value determined in a jury trial, however, this took place after the Village received deed to the property. In the past, eminent domain hearings could result in a delay of two or more years on a project, whereas, with the use of quick-take, a deed can be transferred in 90 days. The Mayor and Board stated that they would utilize this procedure only once all attempts to negotiate a deal failed.

Current Status
The Village acquired nine of the ten properties through agreed-upon land purchase contracts in some cases, and the use of the Quick-Take eminent domain procedure in others. The remaining property that has not been acquired is the cell tower site, southeast of the Marathon gas station. This property includes the 1,800 square foot fenced-in tower site and an approximate 28,000 square feet of surrounding vacant land. Due to the necessity to involve the Illinois Commerce Commission in the acquisition of cell tower sites, the process has become more complicated and the owner has involved legal counsel in fighting the acquisition. The Village has reduced the area to be acquired to the approximate 28,000 square feet of area outside of the current fenced-in cell tower site. This negotiation is on-going.

All of the properties acquired through Quick-Take have had their Final Compensation amount determined and paid by the Village, with the exception of two properties; the former State Oil gas station south of Indian Creek and a former strip mall property north of the Marathon gas station. Final settlements are expected on these properties by the end of the year.