The Village of Pelham Board of Trustees voted unanimously Tuesday to begin eminent domain proceedings against the Pelham school district to take land at the district’s Julianne’s Playground that the village says it needs for reservoirs and pumps as part of an overhaul of the stormwater sewer system, according to an email sent by Mayor Chance Mullen to residents on Wednesday.
Mullen said an appraiser will determine the amount to be paid to the school district based on exploratory studies that will set the scope of the project. That offer will go to the school system before the village begins eminent domain proceedings in court. “If we are unable to reach agreement, the village will take the necessary legal steps required to take ownership of the land needed for the project,” Mullen said. “After the village has acquired the necessary property interests, the school district will be able to choose whether or not to pursue additional compensation in court.”
“It’s important to remember that eminent domain is a process, not an event,” said Mullen. “Eminent domain laws grant a municipality the authority to acquire property it needs to serve and protect the public, and these same laws also protect a property owner’s right to be fairly compensated. In this case, the law provides important safeguards that will serve the interests of both the village and the Pelham school district.”
There is also an “the urgent need to move forward” now because engineers must do the exploratory tests to develop specific designs for the pumps and the underground tanks, he said.
This escalation over Julianne’s Playground comes after failed negotiations between the village and the school district over a possible transfer of the park to the village in exchange for land it owns. Prior to that, the Pelham Board of Eduction denied a request for an easement so the village could construct the project, which would place the reservoirs under the tennis courts and the blacktop at the park and the pumps in a house above ground nearby.
The board of education has already said it will fight any effort to take the land.
In April, the school board said in a letter to the community it was hiring special legal counsel “to vigorously defend the district’s property rights and taxpayers in preparation for a possible attempt by the Village of Pelham to condemn and seize part or all of Julianne’s Playground as part of an eminent domain action.”
The school district has been asked for comment on Tuesday’s development.
The underground tanks and the pumps are part of a proposed $39 million overhaul of the municipality’s stormwater sewers designed to reduce serious flooding that occurs in the north Pelham and Highbrook Avenue neighborhoods during major rain storms.
The engineering phase is the next step for the project, said Mullen. That will include geotechnical studies throughout the two watersheds in the village, development of detailed surveys to identify utility relocations and preparation of plans that will allow the village to apply for permits from governmental agencies, he said.
“You should know that we hold no ill will toward the school district or its board members,” Mullen said. “They provide a valuable service to our community, and we are grateful for it.”
The village board is required to hold a public hearing on the eminent domain proceedings. Mullen did not give a date for the hearing.
Here is Mullen’s complete email, which includes additional detail on the next steps for the project:
After 22 months of diligent work conducted by the Village’s stormwater engineers and hydrologists, we’re now preparing to commence the next phase of our flood mitigation project. I’m writing to share an update on what you can expect in the coming months.
The next phase of the project is referred to as the “engineering phase.” During this phase, we will conduct geotechnical studies throughout the Village for both branches of our stormwater drainage system (the “North Pelham” and “Highbrook” watershed areas). Our engineers will develop detailed surveys to identify all utility relocations, determine the final sizing for the underground culverts, and prepare plans that allow us to begin the permitting process with other governmental agencies. I’m excited to be taking this step forward.
Importantly, our engineers will also need to conduct exploratory testing at Julianne’s Playground to develop specific designs for the pump house and detention system. The Pelham School District owns Julianne’s Playground, and we’ve sought to reach agreement with the school board regarding the property interests that the Village requires to proceed with the project. Unfortunately, our attempts to reach agreement were unsuccessful. Given our urgent need to move forward, the Village Board, on advice of counsel, voted unanimously at last night’s regular meeting to begin official eminent domain proceedings in order to acquire the necessary property interests.
It’s important to remember that eminent domain is a process, not an event. Eminent domain laws grant a municipality the authority to acquire property it needs to serve and protect the public, and these same laws also protect a property owner’s right to be fairly compensated. In this case, the law provides important safeguards that will serve the interests of both the Village and the Pelham School District.
The exploratory testing at Julianne’s Playground will allow us to develop final designs that will be used to determine the exact scope of the project, which will, in turn, allow an appraiser to determine the appropriate compensation due to the school district. The school district will then be presented with an offer of compensation prior to the Village’s commencement of eminent domain proceedings in court. If we are unable to reach agreement, the Village will take the necessary legal steps required to take ownership of the land needed for the project. After the Village has acquired the necessary property interests, the school district will be able to choose whether or not to pursue additional compensation in court.
You should know that we hold no ill will toward the school district or its board members. They provide a valuable service to our community and we are grateful for it. As we take these next steps, we are committed to proceeding in a way that is respectful and professional. We will be holding a public hearing, as required by Article 2 of the Eminent Domain Procedure Law, and will post notice and details about the hearing soon.
If you’re interested to learn more about the Village’s plans, I encourage you to visit the Flood Mitigation landing page on the Village’s website or watch the Village Board’s April 23rd work session – it was incredibly informative and thorough, and it likely includes answers to any questions you may have about our plans for the playground. Thank you for your support and feedback during the conceptual design phase. I’ll be sure to keep you posted as we continue this important work for our community.
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