Enbridge Pipeline (Illinois), LLC v. Hoke

Illinois Appellate Court
Civil Court
Eminent Domain
Citation
Case Number: 
2017 IL App (4th) 150544
Decision Date: 
Thursday, July 6, 2017
District: 
4th Dist.
Division/County: 
DeWitt Co.
Holding: 
Vacated and remanded with directions.
Justice: 
STEIGMANN

In 2014, Illinois Commerce Commission granted Plaintiff eminent-domain authority to acquire easements over certain real estate for planned construction of 170-mile SAX oil pipeline. Court did not abuse its discretion by barring landowners' expert's valuation testimony . Plaintiff was not under obligation to ensure landowners' compliance with strict expert disclosure requirements of Rule 213. Court erroneously considered traverse hearing as a Section 2-619(a)(9) motion to dismiss and thus denied them ability to conduct discovery, which effectively prohibited landowners' ability to rebut statutory presumptions and refute Commission's good-faith determination. Court effectively deprived landowners of opportunity to challenge condemnation of their parcels of land afforded them under Section 5-5-5(c ) of Eminent Domain Act. On remand, court should schedule and supervise discovery and further proceedings for expedited traverse hearing.(HOLDER WHITE and POPE, concurring.)