Publications

Illinois Bar Journal
Articles on Eminent Domain

Eminent Domain: A New Valuation Timetable By James M. Wagner and Patrick J. Kelly September 2012 Article, Page 486 A recent case holds that compensation must reflect the value of the property when the payment is made, not earlier when the condemnation complaint was filed.
Service by publication insufficient for eminent domain proceeding August 2011 Illinois Law Update, Page 388 Service by publication only establishes personal jurisdiction in an eminent domain case where the entity seizing land has diligently searched for all potential parties to the action, according to an Illinois Court of Appeals ruling.
Procedure for eminent domain by sanitary districts amended - PA 094-1106 June 2007 Illinois Law Update, Page 292 The Illinois Municipal Code changed 65 ILCS 5/11-147-1 by allowing a sanitary district and municipality to enter into a contract for use of the sanitary system even if the sanitary district and municipality are not adjacent. 
Governmental taking of direct access rights not an extinguishment of rights November 2006 Illinois Law Update, Page 584 On August 10, 2006, the Illinois Appellate Court, Third District, affirmed on alternate grounds the Circuit Court of McDonough County's denial of a motion by Lowderman, LLC (Lowderman) to consider damages resulting from an alleged extinguishment of access rights.
The New Eminent Domain Law: Protections for Landowners, Hurdles for Governments By Joseph V. Healy November 2006 Article, Page 596 A review of the legislature's response to Kelo, which takes effect January 1.
The General Assembly rewrites eminent domain law By Helen W. Gunnarsson June 2006 Lawpulse, Page 278 The bill, now on the governor's desk, specifies that property can be condemned only for a "qualified public use." 
Kelo v City of New London - How Safe Is Your Castle? By Ronald S. Cope April 2006 Article, Page 186 A look at how Kelo affects municipalities' power to use eminent domain to promote economic development.
In Defense of Kelo: One Lawyer's Take on Takings By John H. Brechin October 2005 Article, Page 524 An approving look at the U.S. Supreme Court's much-criticized Kelo v City of New London.
A condemning authority's good faith in negotiating with a property owner in eminent domain proceedings may be challenged in an interlocutory appeal May 2004 Illinois Law Update, Page 242 On February 5, 2004, the Illinois Supreme Court affirmed the Second District Appellate Court's determination that a condemning authority's good faith in negotiating compensation with a property owner may be challenged in an interlocutory appeal brought pursuant to §7-104(b) of the Eminent Domain Act, 735 ILCS 5/7-104(b) (West 2000).
Correspondence from Our Readers July 2002 Column, Page 334 Put family first.
A Primer on Eminent Domain By Jack H. Tibbetts June 2002 Article, Page 313 An outline of the procedural requirements and recent cases.
The supreme court does a retake on quick-take By Helen W. Gunnarsson June 2002 Lawpulse, Page 282 The Illinois Supreme Court has limited the power of governments to acquire property and transfer it to private owners.
Prior to filing condemnation proceedings, city must make a bona fide attempt to agree on price and negotiate in good faith May 2002 Illinois Law Update, Page 232 On February 7, 2002, the Appellate Court of Illinois, Second District, affirmed the trial court's dismissal of Naperville's condemnation proceedings.
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