BNSF Railway Co. v. Grohne

Illinois Appellate Court
Civil Court
Eminent Domain
Citation
Case Number: 
2019 IL App (3d) 180063
Decision Date: 
Wednesday, July 3, 2019
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Affirmed.
Justice: 
SCHMIDT

Plaintiff railway company filed 3 eminent domain suits for condemnation of separate but closely located tracts of land. Court did not abuse its discretion in prohibiting cross-examination about a comparable land sale contract, as such evidence had the potential to confuse jurors and was more prejudicial than probative. Court's denial of traverse and motions to dismiss was not against manifest weight of evidence. Defendant did not present clear and convincing evidence to rebut the presumption that Plaintiff's taking were necessary for a public purpose or not excessive. (McDADE, concurring; WRIGHT, concurring in part and dissenting in part.)