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RM 03-03-78
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RM 03-03-78
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7. PRO9RESS REPORTS, Continued- <br />Mr.lButler: No, not if there is a stay. <br />Ms. Derbeck: Would you anticipate having to condemn many of the buildings? <br />You won't have a condemnation suit unless the owner is not willing to <br />sell at your (offering) price, isn't that right? As long as they are willing <br />to see, you don't need to get into a condemnation suit. So as it looks <br />now, are you anticipating any condemnations? <br />Mr. Brownell: I don't think so. <br />Mr. Butler: We haven't really had any contact with the owners and until <br />we o that, we won't know. First of all, we have to have the appraisals, <br />we have to know what figures the appraisers come up with before we can talk <br />to the owners about price and price has always been a problem in any <br />project area where the Department has proceeded with acquisition. Some <br />of 1hese property owners feel the appraisal figures we obtain are not <br />sufficient to compensate and are unwilling to enter into a simple agree- <br />ment to sell, therefore it is necessary then to file the condemnation <br />action, basically to let the court determine what the damages, or the <br />value of the property actually is. <br />Ms. Derbeck: Outside of what Ms. Hawley and Ms. Berg are doing, your purchases <br />condemnation suits, etc. are with the owner(s) of the building, but the <br />merchant tenants (Ms. Berg and Ms. Hawley are examples) if they do not <br />care for your relocation price, or if they don't want to take it, I suppose <br />court suits can arise from that. Do they have anything to say - is there <br />any legal action they can take? <br />Mr. Butler: Yes, I think the action taken in the case of the Philadelphia <br />Restaurant is an example. <br />Ms. Derbeck: Yes they had a suit regarding the price..but you still had legal <br />right to make them get out..since the owner had sold the building, right? <br />Mr. Butler: Yes. They can contest it, it does not automatically stop it. <br />Ms. Derbeck: When you say the land appraisals are not complete, exclusive <br />of fixtures are the appraisals of land complete except for Ms. Berg and Ms. <br />Hawley? <br />Mr. Brownell: No. <br />Mr. Butler: I think Jeanne as we had indicated, they are pretty far along <br />with the process but now Wayne has told them they can conclude that. <br />Mr. Brownell: Some of the parcels in this plan change are not involved <br />in the project - as you call it - you refer to the project on Michigan <br />Street as "the Project ",,,for example, the Wyman property which is vacant <br />land is in our plan change but not really part of that project. <br />Ms, Derbeck: So you don't have to worry about it, are you having it <br />appraised? <br />Mr. Prownell: Yes, that parcel has to be appraised. In addition, after <br />
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