In April 2014, Illinois Commerce Commission granted Plaintiff eminent-domain authority to acquire easements for construction of oil pipeline project. In July 2014, Plaintiff filed for condemnation proceedings for easement against defendant landowners. In April 2017, court conducted traverse hearing and denied traverse motion, finding that landowners did not present clear and convincing evidence to rebut presumptions of public use and public necessity.Court's holding was not against manifest weight of evidence. Court did not err by denying landowners' request for discovery, and did not abuse its discretion in declining to award sanctions against landowners' attorney. Landowners' evidence that private companies would own and benefit from a proposed pipeline is not relevant evidence to rebut applicable presumptions. (HOLDER WHITE and DeARMOND, concurring.)
Illinois Appellate Court
Civil Court
Eminent Domain