Illinois Appellate Court
Civil Court
Eminent Domain
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 properly afford landowners their only opportunity to challenge Commission's condemnation powers. On remand, court should consider, in expedited traverse hearing, only landowners' claims challenging rebuttable presumptions of public use and public necessity and Commission's determination as to good faith. Court should determine whether any discovery sought is appropriate and if any is warranted, it shall actively supervise it. (HOLDER WHITE and POPE, concurring.)