Forest Preserve District of DuPage County, Illinois v. First Nat’l Bank of Franklin Park

Illinois Supreme Court PLAs
Civil Court
Condemnation
Citation
PLA issue Date: 
November 24, 2010
Docket Number: 
Nos. 110759 and 110760 Cons.
District: 
2nd Dist.
This case presents question as to whether, in condemnation action, trial court properly denied property owner’s request to hold post-trial evidentiary hearing to determine value of subject property as of date of trial. Under section 7-121 of Eminent Domain Act, value of condemned property is to be determined as of 1999 date on which instant condemnation action was filed and not 2007 date of trial. However, Appellate Court, in remanding case for evidentiary hearing, found that section 7-121 was unconstitutional to extent property increased in value during pendency of case.