Plaintiff filed a condemnation action against the defendants seeking to acquire permanent and temporary easement rights over their property for the construction, operation, and maintenance of a liquid petroleum pipeline project, also asking the court to determine just compensation. Defendants filed a traverse and motion to dismiss, which was denied. Defendants appealed and the appellate court reversed and remanded so that an evidentiary hearing could be held on the defendant's motion. The trial court again denied the motion and returned the matter to the appellate court for resolution of issues relating to the court’s denial of the traverse motion and the court’s prior evidentiary rulings. The appellate court affirmed, finding, among other things, that the trial court did not err in excluding evidence regarding the danger of pipelines and testimony regarding plaintiff’s easement rights. (BOIE and CATES, concurring)
Illinois Appellate Court
Civil Court
Property Law
Easements