EMINENT DOMAIN - ILLINOIS

Illinois State Toll Highway Authority v. South Barrington Office Center

Appellate Court of Illinois, First District, Sixth Division - June 30, 2016 - N.E.3d - 2016 IL App (1st) 150960 - 2016 WL 3569556

State Toll Highway Authority brought condemnation action against property owner and other entities with interests in the property.

The Circuit Court, entered order finding that Authority was authorized to condemn owner’s property and awarding preliminary compensation. Owner filed interlocutory appeal.

The Appellate Court held that resolution authorizing condemnation contained sufficiently reasonable description of property to permit Authority to proceed with condemnation.

Resolution authorizing State Toll Highway Authority to condemn property in connection with highway construction project contained reasonable description of parcels, as required for Authority to proceed with condemnation of the property. Resolution specifically identified property index numbers (PIN) in which parcels were contained, specifically provided for acquisition of the types of property interests sought by Authority, including fee title, permanent easement, and access control, and specifically authorized condemnation proceeding when no agreement could be made with respect to all or part of each parcel identified.



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