Public Building Commisssion of Chicago v. Yellen

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 112638
Decision Date: 
February 26, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Justice: 
SIMON
Holding: 
Reversed and remanded.
Plaintiff Building Commission filed complaint for condemnation, seeking title to real estate. Jury verdict set compensation for property at $1.95 million plus interest. Court erred in granting apportionment of condemnation award as lease had ended prior to date of taking. There is no taking until compensation has been paid and title has been acquired by the governmental entity. The absence of a property right exlipses any right to any portion of a condemnation award. Only a lessor, not a lessee, has the right to decide whether to treat the lessee as a holdover tenant. (QUINN and CONNORS, concurring.)