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File #: 2009-0065    Version: Name: Establishing the Administrative Procedure for Relocation Assistant - Ordinance
Type: ORDINANCE Status: PASSED
File created: 1/23/2009 In control: Board of Trustees
On agenda: Final action: 1/19/2009
Title: AN ORDINANCE ESTABLISHING THE ADMINISTRATIVE PROCEDURE FOR RELOCATION ASSISTANCE UNDER THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970, AS AMENDED, AND 49 CFR PART 24, BY THE VILLAGE OF ORLAND PARK, COOK COUNTY, ILLINOIS
Attachments: 1. Administrative Procedure for Relocation Assistance
Title
AN ORDINANCE ESTABLISHING THE ADMINISTRATIVE PROCEDURE FOR RELOCATION ASSISTANCE UNDER THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970, AS AMENDED, AND 49 CFR PART 24, BY THE VILLAGE OF ORLAND PARK, COOK COUNTY, ILLINOIS
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WHEREAS, the Village of Orland Park (the “Village”) is a home rule municipality organized and existing under the provisions of the Illinois Constitution, Article 7, Section 6; and

WHEREAS, the Village is authorized and empowered by their constitutional home rule authority to acquire by eminent domain property that is useful, advantageous or desirable for municipal purposes or for the public health, welfare and safety; and

WHEREAS, in the event that the Village elects to exercise its power of eminent domain, it does so in accordance with the provisions of the Eminent Domain Act (735 ILCS 30/1-1-1, et seq.); and

WHEREAS, on January 1, 2007, the Eminent Domain Act was revised by the Illinois General Assembly and a new provision was added providing for the payment of relocation costs as set forth in 735 ILCS 30/10-5-62; and

WHEREAS, pursuant to 735 ILCS 30/10-5-62, except when federal funds are available for the payment of direct financial assistance to persons displaced by the acquisition of their real property, in all condemnation proceedings for the taking or damaging of real property under the exercise of the power of eminent domain, the condemning authority is required to pay to displaced persons reimbursement for their reasonable relocation costs, determined in the same manner as under the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended from time to time, and as implemented by the regulations for said Act as set forth in 49 CFR Part 24; and

WHEREAS, in light of the foregoing addition to the Eminent Domain Act, the Village is desirous of having an administrative procedure for relocation assistance established so that it can be uniformly app...

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