Enbridge Pipeline (Illinois), LLC v. Kiefer

Illinois Appellate Court
Civil Court
Eminent Domain
Citation
Case Number: 
2017 IL App (4th) 150342
Decision Date: 
Thursday, July 6, 2017
District: 
4th Dist.
Division/County: 
McLean Co.
Holding: 
Vacated and remanded with directions.
Justice: 
STEIGMANN

In 2014, Illinois Commerce Commission granted Plaintiff eminent-domain authority to acquire easements over real estate for planned construction of SAX oil pipeline. Remanded for court to conduct traverse hearing, with scope of hearing to be limited to landowners' claims challenging rebuttable presumptions of public use and public necessity, and Commission's determination as to good faith. As court failed to conduct proper traverse hearing, court's traverse order is vacated, and case remanded for limited purpose of conducting expedited traverse hearing. (HOLDER WHITE and POPE, concurring.)