Title
Resolution of Necessity Re: 14727-29 East Jefferson, Detroit, MI 48215 (Parcel No. 21-000608)
Body
Agenda of: April 24, 2024
Item No.: 2024-155
Amount: N/A
TO: The Honorable
Board of Directors
Great Lakes Water Authority
FROM: Suzanne R. Coffey, P.E.
Chief Executive Officer
Great Lakes Water Authority
DATE: April 26, 2024
RE: Resolution of Necessity Re: 14727-29 East Jefferson, Detroit, MI 48215 (Parcel No. 21-000608)
MOTION
Upon recommendation and opinion of David W. Jones, General Counsel, the Board of Directors for the Great Lakes Water Authority (GLWA): (1) adopts the attached Resolution of Necessity; and (2) authorizes the Chief Executive Officer to take such other action as may be necessary to accomplish the intent of this vote.
BACKGROUND
GLWA is a public body incorporated as a regional water and sewer authority pursuant to the provisions of Michigan 1955 PA 233, as amended. MCL 124.281, et seq. Pursuant to its incorporating statute and Article 4 of its Articles of Incorporation; "The Authority may acquire property by purchase, construction, lease, grant, gift, devise, or condemnation..." (emphasis added). As a necessary prerequisite for filing a condemnation action, also referred to as an eminent domain action or a taking, a public body must adopt a Resolution of Necessity reflecting the public purpose to be served and authorizing the use of condemnation as a means to acquire property necessary to serve that purpose. If a condemnation action is filed, property owners receive fair value for their property interest condemned to serve the public need.
GLWA is currently reconstructing and rehabilitating the necessary sewer infrastructure to the Fox Creek Sewer Facility. GLWA staff, with the support of consultants, has determined that GLWA needs to acquire this privately held property to support the project. GLWA appraised the property and will negotiate in good faith with the landowner. A Resolution of Necessity is ...
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