By Bob Balgemann

REPORTER

City officials have looked to the eminent domain process in order to acquire all the right of way they need for the proposed $1.9-million reconstruction of Logan Avenue.

Ordinance 509H, which authorizes the taking of 113 square feet of land at 953 Logan Ave., has been approved on first reading. Second and final reading is expected at the Dec. 7 city council meeting.

Taking that step took a long time to accomplish, according to updates from Public Works Director Brent Anderson at various meetings, as staff tried unsuccessfully to contact the property owner. Through an appraisal by Rebecca Davidson, the city offered what it considered to be fair market value for the easement.

This land is part of the 66 feet of right of way the city needs along Logan Avenue to satisfy requirements of the Americans with Disabilities Act (ADA) in the construction of ADA-compliant sidewalks, which are part of the overall improvements.

There was some discussion about taking the sliver of land during the Nov. 9 Committee of the Whole meeting.

Anderson first said he was finally able to contact the owner of 953 Logan Ave. who told him, “in polite terms,” he did not want to work with the city in the purchase of his property. “Hence, you have the ordinance in front of you to proceed with eminent domain proceedings,” he said. 

“It’s about a foot and one-half of property that we need to establish our 66 feet of right of way,” he added.

Alderman Marsha Freeman asked about the differing amounts of money being paid for the varying amounts of square feet of land from seven owners along that stretch of Logan Avenue.

An explanation

First, City Attorney Mike Drella responded that those prices were obtained through a real estate appraiser, who is licensed in the state of Illinois.

“You have to pretty much use those appraised values,” he said. “You have made a good faith effort to buy the property.”

He continued: “Why there were different amounts of (of money) we’d have to ask the appraiser. My guess is some of the properties are of higher value because of the kind of commercial enterprise on the property, things like that.”

While the amount of money being paid for the 953 Logan Ave. property was not specified in the ordinance, it was stated that the land did not have any buildings on it and was not being used by the owner.

Anderson said there were two different components when an appraisal is done for a piece of property. There’s the value of the property and what it’s used for, such as residential as opposed to commercial. They also have to determine the damage to the rest of the property done by the taking, and that’s figured into the offer.

Alderman Tom Porter asked if this was the only property along that part of Logan Avenue that the city is going to have to use eminent domain in order to acquire.

“Yes, this is the only one,” Anderson replied.

In a related action, at the Nov. 2 city council meeting, aldermen voted 9-0 with no discussion and one absent, to acquire the other six pieces of property that also was necessary to satisfy ADA requirements related to the project.

Those properties including the address, square footage to be acquired, and fair market value, totaling $5,231, pursuant to appraisal are:

• 1054 Logan Ave., 197.59 square feet, $1,066.

• 923 Logan Ave., 23 square feet, $90.

• 1017-1023 Logan Ave., 374 square feet, $1,085.

• 1007 Logan Ave., 292 square feet, $975.

• 1053 Logan Ave., 197 square feet, $1,060.

• 925 Logan Ave., 199 square feet, $955.

There was no discussion at the Nov. 16 city council meeting, as Mayor Mike Chamberlain briefly read the ordinance into the record so those listening and not personally in attendance, including aldermen and residents, would be aware of what it was all about. 

 
 
 
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