Flood Mitigation Update from Mayor Mullen
I write to share an update on our work to address flooding in our community. After discussions with representatives from the Pelham School District, I am pleased to share that the school board has decided not to challenge the Village’s use of eminent domain to secure the necessary property interests at Julianne’s Playground for our Flood Mitigation Project. This is excellent news for our community.
The next step in this process is to complete the “engineering” phase of the project, which is already underway – under the law, the Village has up to three years from September 17, 2024 (the date of completion of publication of its determination and findings) to commence eminent domain proceedings to acquire the necessary property interests. Once the engineering designs are ready, the Village will commence proceedings in court to acquire the property interests needed, and upon completion of the proceedings, the Village will file acquisition map(s) that will detail the exact location and scope of the property interests acquired by the Village.
Under the law, the Village is required to compensate the school district for the property interests we acquire, and we fully intend to comply with this statutory obligation. Upon filing, we will make a written offer to the school district in an amount equal to the Village’s highest approved appraisal of the relevant property interests. The school district will have the option to either accept that offer as a settlement in full, or to accept the offer as an advance payment only, while reserving its right to claim additional compensation in court. In such an event, the Village and the school district may have a valuation dispute, which is common in eminent domain proceedings. We are hopeful that we will be able to agree to a valuation that is fair and reasonable to both parties. Although the school district will have the right to challenge the Village’s valuation in court if it chooses to do so, they will not be able to prevent this important project from moving forward.
I’m glad we’ve reached this important milestone and we can focus our attention on the path ahead. Thank you for your patience and support.