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UNITED STATES v. 35.163 ACRES OF LAND

October 14, 1971

UNITED STATES OF AMERICA, PLAINTIFF,
v.
35.163 ACRES OF LAND, MORE OR LESS, SITUATE IN COOK COUNTY, STATE OF ILLINOIS, AND THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO, A MUNICIPAL CORPORATION, ET AL., DEFENDANTS.



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 Government.

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 ...


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