Illinois Commerce commission granted Plaintiff eminent-domain authority to acquire easements over certain land for planned construction of 170-mile oil pipeline project known as Southern Access Extension. Plaintiff filed 2 separate complaints for condemnation of permanent and temporary easement for common carrier pipeline against Defendant landowners, who each filed a "traverse and motion to dismiss", requesting dismissal of complaints; court denied traverse motion. Court failed to conduct proper traverse hearing. On remand, court should consider only landowners' claims challenging rebuttable presumptions of public use and public necessity; and Commission's determination as to good faith. A traverse hearing is a hybrid proceeding where specific presumptions must be rebutted by landowners challenging condemnation. (HOLDER WHITE and POPE, concurring.)
Illinois Appellate Court
Civil Court
Condemnation