Forest Preserve District v. First National Bank

Illinois Appellate Court
Civil Court
Condemnation
Citation
Case Number: 
No. 2-08-0565
Decision Date: 
Thursday, May 27, 2010
District: 
2d Dist.
Division/County: 
DuPage Co.
Holding: 
Affirmed in part and vacated in part; remanded.
Justice: 
SCHOSTOK
Plaintiff filed condemnation action against Defendants in 1999, seeking to take 204 acres of land in Naperville. Eight years later, jury found just compensation for taking was $10.725 million, based on fair market value of property in 1999. Court properly entered summary judgment for Plaintiff in finding that Plaintiff engaged in good-faith negotiations, as Plaintiff was not required to immediately offer the full amount of the highest appraisal it received, and its failure to do so does not show lack of good faith. Landowner cannot be denied just compensation on ground of his or her "fault" for length of condemnation proceeding absent abusive litigation tactics interfering with court's functioning. Remanded for court to hear evidence on whether jury's verdict provided just compensation, i.e. value of property on date of taking