March 2009

Board OKs ag law proposal to shield land-owner rights

The ISBA Board of Governors has approved in concept a proposal from the Agricultural Law Section Council to support federal legislation that would protect the rights of land-owners in pipeline right-of-way acquisitions.

The proposal would grant the right to jury trial in federal condemnation cases if requested by either party, and enact a federal quick-take law similar to Illinois law.

John W. Damisch, chair of the Agricultural Law Section Council, appeared before the ISBA board on March 6 with Minooka attorney Michael A. Mattingly, who represented land-owners in the Guardian Pipeline case that was decided last year.

Damisch said he would contact the Illinois Farm Bureau for an indication of support and report back.

The Board of Governors also reviewed a legislative proposal regarding substitution of appellate justices in certain cases where Illinois Supreme Court justices recused themselves because of conflicts.

The ISBA Committee on Legislation favored the proposal as a means of encouraging recusal when circumstances call for it to enhance public confidence in the impartiality of jurists.

ISBA past president Timothy Eaton spoke in favor of a process to provide a replacement jurist when recusals render the high court unable to reach a four-vote decision.

He pointed out that jurists should be applauded for appropriate recusals, but every case before the Supreme Court is important and requires adjudication.

Appellate Justice Mary Jane Theis, a member of the Board of Governors who abstained from voting on the proposal, presented statistics that suggest there have been too few instances to merit establishing the substitution process.

SJRCA 10, introduced by Sen. Kirk Dillard, would amend Article VI of the Illinois Constitution. The ISBA board postponed consideration for further study and comment.

In other business, the Board of Governors approved a request from Amy A. Breyer, chair of the Special Committee on Animal Law, that an Animal Law Section be created.

The board approved the reappointment of three members of the Land of Lincoln Legal Assistance Foundation board: Kathleen Moran of Trenton, Benjamin Edwards of East St. Louis and Mary Ann Hatch of Belleville.

Alexis Otis-Lewis of Belleville, a retired judge, was appointed to a vacancy on the LLLAF board.