PRECM 10-06-1965 - Laserfiche WebLink

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:• i MINUTES t)F ~ P ${'~ MEETING .. f9CTCBER 6e 1965 The following members were presents Fes Hagemeyer9 Lawrence Haglund, Arlyn Gunderman~ Donald Weisman9 Ra.chard Hansen and Thomas Morriss. .~1so present were Perry Copeland, V3,11age .Attorney and Robert 5chaef®r, Village Manager, PRCCEDU.RE FC~R $C,~ SITIC~N CF TEND FROM COIINCIFMAN' Correspondence from the Village Manager requesting certain information from the Village Attorn®y and ha.s reply was da.stributed to the membersQ The fo11ow3.ng is the letter d3r~ acted to the attorney and the .Attorneys reply.s (Fetter to N~°s Copeland) .. The following is an excerpt from the minutes of the Park Board meeting held on September lst, The board requests that you supply as much infoi~nation as you can come up with on the various questions,. This information is needed-as soon as pos- sible as the date for the next meeting cannot be determined until .t is received® 1, In case of a condemnation awards how is the award made (lump sum or may payments be made over a period of years) and generally' what is the tax impact upon recipients of a condemnation award2 Is the recipient required. to make payments on mone'g'received as taxm able income? 2, Is it possible to develop a program of planned condemnation through planned acquisi~ tionsy such as 10 acres per year for the next 10 1.5 years, depending on the total amount of-land owned by an individual? 3. Can the owner of a parcel of land settle for less than the amount awarded by the Cc~ missioners in condemnation proceedings? ~., .Is them any way in which condemnation awards may be programed over,a period of years3 Otter from N~°, .Copelaftad) ~- I write in response to your letter of September 3, 1965, wherein you pose several q~estiosas regarding condemnation of lands for park purposes, 1, The award is made by the commissioners calling for full pagment in cash, The recip- ient pays income taxes on arXy profit he may realize from the sale, If he has owned the property for more than 6 months he may qualify fdr long-term capital gain treatment and this limits his federal income tax liability to 25~ of the profit, 20 .The Village legally could acquire a given amount of land each year for several years, but there is no way to tie the land up for the. taking in the future, so there would be no assurance that the program could be fulfilled as planned, 3. Yes® /~, Yes9 but na way to program them so as to assure that the land will. not be sold in the interim from the first to subsequent acquisitions, It appears that the desire of the park board is just touched upon in the above questions. I think I understand what they are trying to accomplish, and the subject is an involved one with many considerations, I think I can do abetter job of advising them.. by attending their meeting and discussing the entire problem, Nxr, Copeland discussed with the Park Board the matters to be concerned in purchasing prop® arty from a member of the Council, Pgr..Copelandts remarks were based on three premises, la ~ portion of the park plan involves acquisition of property owned by a member of the Village Council, 2, .~irzds are not available to make an outright purchase, 3, The acquisition of this property does not contemplate immediate us®, ~As a generality the Council cannot enter into a contract with a member of its group, There are exceptions to this rule, but they .could not be applied in the case under con sideration, There is a single method for obtaining property from a Councilman and that method is con demnationo ~Srd.Copeland outlined in general terms the normal condemnation procedure, .&fter discu..ssing the matter of obtaining the Councilman°s property through a contrac°~~neg~