The opinion of the court was delivered by: Perry, District Judge.
MEMORANDUM and JUDGMENT ORDER
This is an Eminent Domain proceeding brought by the United
States of America. Suit was filed on June 30, 1969, under the
provisions of Section 258a of Title 40, U.S.Code Annotated.
The parcels of land in question are owned by The Metropolitan
Sanitary District of Greater Chicago. Said land was
appropriated by the United States of America, for:
1) relocation of railroad tracks and approaches to new
bridges over the CalSag Navigation channel; and
2) relocation of highway bridges and approaches thereto over
the Cal-Sag Navigation Project.
The Government deposited with the Registry of the Court, the
sum of $146,238.90, as and for just compensation of all
parcels involved herein.
Subsequent to the filing of this action by the United States
Government, The Metropolitan Sanitary District of Greater
Chicago advised the Government that it would not accept
compensation for the highway bridges because by its
resolutions it had agreed to furnish such land free of cost.
The Government then took the position that it should not
compensate The Metropolitan Sanitary District of Greater
Chicago for any of the parcels contained in this litigation
contending that The Metropolitan Sanitary District of Greater
Chicago, as local sponsor under House Document 677, was to
provide "all land necessary for this project."
The Government delayed action on the merits of this cause
because of alleged conferences with the Department of Justice
in Washington. These delays effectively prevented The
Metropolitan Sanitary District of Greater Chicago from taking
the money deposited with the Court's Registry.
On August 11, 1971, The Metropolitan Sanitary District of
Greater Chicago filed a Petition for Interest on the sums
deposited with the Registry of this Court pertaining to those
parcels of land taken for relocation of railroad tracks or
approaches to railroad bridges contending:
1) That it was entitled to interest on each parcel taken for
railroad bridge approaches or relocation of railroad tracks,
from the date of actual possession by the Government to the
date of the filing of this proceedings in Eminent Domain, and
2) That it was entitled to interest at the rate of 6% per
annum from June 30, 1969, to the date of final disbursement
because of the delay on the part of the United States
On August 25, 1971, the Government filed its Motion for
Summary Judgment contending that under House Document 677, The
Metropolitan Sanitary District of Greater Chicago, as local
sponsor, was obligated to furnish, free of cost, all land
needed for this project with the single exception of such land
needed for the waterway "as is now occupied by abutments or
railroad tracks at approaches to railroad bridges."
Question No. 2 had to do with the dates of possession of the
parcels in question by the United States Government. The
Government admitted the date of possession as to tracts D-404,
D-404-2 and A-106-2, but neither admits nor denies the date of
the balance of the tracts stating that the Government records
do not indicate the dates in question.
Question No. 3 concerned whether or not the Government had
agreed to pay to The Metropolitan Sanitary District certain
compensation. The Government admits this but ...