Illinois Eminent Domain Attorneys

It is our pledge that we will provide a free case review for any individual or business facing eminent domain or condemnation.

Eminent Domain Attorneys In Illinois

At Sever Walker Padgitt, our mission is to hold condemners, whether they be federal, state, local, utility, or other, accountable to the landowners whose land they are acquiring. Our entire firm is built around serving you, the landowner who is facing condemnation.

Your condemnation issue is important to us. Please complete the form below or contact our eminent domain lawyers in Illinois directly with your questions.

What Is Eminent Domain Law In Illinois?

In Illinois, eminent domain is a legal term describing an entity’s ability to take land from private landowners and put it toward a public use. The entity, traditionally a governmental body like the Illinois Department of Transportation, may have an interest in taking private land to build an interstate, government building, school, library, pipeline, transmission line, or any other “public use” project.

Unfortunately for landowners, the term “public use” has undergone quite a bit of change in the legal world over the last two decades, and acquisitions by private entities have seen a dramatic uptick. But regardless of the purpose of the acquisition, the right eminent domain attorneys can help protect the rights of landowners who face condemnation.

What Should Landowners Do After Receiving An Eminent Domain Notice In Illinois?

Prior to acquiring private property, the condemnor is required to notify the landowner of both the compensation the condemnor feels is appropriate for the land (the offer) and the potential impending eminent domain litigation if a deal cannot be struck. For landowners who are not familiar with whatever project is being built, this notice often comes as a complete shock. Surprised (and concerned) landowners often do not challenge the condemnor on the offer, and an aggressive land agent–working on behalf of a condemnor–can take advantage of an uninformed and inexperienced property owner.

Being in this situation can be overwhelming and cause many landowners to feel helpless. But it’s important to take the right steps to ensure the best possible outcome. Here’s what landowners should do after receiving an eminent domain notice or offer of compensation:

Contact An Illinois Eminent Domain Attorney

The first thing any landowner facing condemnation should do is contact a reliable eminent domain attorney. An experienced condemnation attorney will walk the landowner through every step of the process, making it far less confusing and more likely to turn out in their favor. An eminent domain attorney may not be able to prevent the taking of the land, but they’ll help the landowner receive eminent domain just compensation that’s fair and just.

Learn About Landowner Rights

A landowner subject to eminent domain has certain rights guaranteed by Illinois law. For example, in Illinois a landowner has the right to a jury trial on the issue of just compensation. A seasoned eminent domain attorney will help the landowner understand his or her rights to just compensation and good faith negotiation.

Do Not Negotiate With The Condemnor On Your Own

Prior to acquiring property via eminent domain, an Illinois condemnor is required to conduct “good faith negotiations” with a landowner. An eminent domain attorney will be able to assist a landowner in determining whether these negotiations are helpful–often, they are not and can actually work to a landowner’s detriment. A landowner should be aware of what his or her case is worth before negotiating with the condemnor, and an eminent domain attorney will provide the landowner with this information.

Prepare For Eminent Domain Trial

If your case is one of the very few that reaches trial, you will need to be fully prepared for this endeavor. In instances where there is a significant difference in opinion on compensation, or when a condemnor is being stubborn, a jury trial over compensation may be necessary. A veteran eminent domain attorney will be able to fully prepare and present a case for landowner compensation.

Case Results

State: Illinois (Williamson County)

Case Type: Road projects

Initial Offer: $23,200

Sever Walker Padgitt Result:

$65,000

State: Illinois (Will County)

Case Type: Road projects

Initial Offer: $29,800

Sever Walker Padgitt Result:

$52,008

State: Illinois (Sangamon County)

Case Type: Road projects

Initial Offer: $36,000

Sever Walker Padgitt Result:

$64,100

State: Illinois (Pike County)

Case Type: Powerline takings

Initial Offer: $185,093

Sever Walker Padgitt Result:

$215,916

State: Illinois (Pike County)

Case Type: Powerline takings

Initial Offer: $40,640

Sever Walker Padgitt Result:

$103,055

State: Illinois (Pike County)

Case Type: Powerline takings

Initial Offer: $55,000

Sever Walker Padgitt Result:

$159,798

View All Case Results

Frequently Asked Questions

Eminent Domain Just Compensation In Illinois

According to eminent domain law in Illinois, all landowners are entitled to “just compensation” for the acquisition of their property through eminent domain. So how is “just compensation” determined? Generally, property appraisers are hired to impartially value the property and render an opinion on compensation; however, appraisers can have widely varying opinions of value. For example, an appraiser hired by IDOT may assign no diminution in value to the remainder property as a result of the acquisition even when it is very clear to the landowner that this diminution exists.

Different appraisers have different opinions, and it is imperative that if an appraiser is necessary for a landowner’s case (not always the case), that appraiser is competent and qualified. An eminent domain attorney will have knowledge of local, qualified, experienced, tested eminent domain appraisers who can testify on behalf of landowners.

In the event a residence or business is being acquired through eminent domain, the landowner or business owner will also be entitled to relocation expenses in addition to just compensation for the acquisition itself. When businesses specifically are being relocated, it is imperative that the business receive every last dollar in relocation expenses because an insufficiently funded relocation could render a business insolvent.

An Illinois condemnor may view a business relocation in very simple moving terms, but any business owner will attest that uprooting and relocating a business is a significant endeavor, requiring substantial financial outlays. An eminent domain attorney in Illinois can ensure that a business can be adequately relocated in the event its building is being acquired.

There are three keys to an Illinois landowner’s case for just compensation: Adequate compensation for the acquisition itself, Adequate compensation for any diminution of value in the remainder (partial takings), Adequate compensation for relocation (total taking of business or residence).

A landowner who successfully evaluates and identifies the three keys above (where relevant) and who hires a competent and qualified eminent domain attorney will position themselves as best as possible for “winning” his or her eminent domain case.

Illinois eminent domain cases vary in length. For cases that resolve pre-suit, they last around 1-3 months from the point of offer (however, as is the case with any acquisition, condemnors’ plans and schedule can change daily, extending the time it takes to resolve a case). For cases that do not or cannot resolve pre-suit, resolution will likely take anywhere from 3-18 months from the point of offer. Cases that require trial (very few) generally last 12 months but are largely dependent on the court’s docket and schedule.

In some instances, an eminent domain acquisition can be stopped, but those instances require an in-depth analysis of both the purpose of the acquisition and the procedure the condemnor followed. Generally, barring a procedural defect by the condemnor, stopping a taking can be an uphill climb. Stopping a condemnor from moving forward with an acquisition demands an inquiry into historical Illinois precedent and usually turns on very specific facts. If a landowner feels like the condemnor should not be permitted to acquire his or her property, hiring a qualified eminent domain attorney is a must.

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How Sever Walker Padgitt Can Help You In Illinois

In some instances, an eminent domain acquisition can be stopped, but those instances require an in-depth analysis of both the purpose of the acquisition and the procedure the condemnor followed. Generally, barring a procedural defect by the condemnor, stopping a taking can be an uphill climb. Stopping a condemnor from moving forward with an acquisition demands an inquiry into historical Illinois precedent and usually turns on very specific facts. If a landowner feels like the condemnor should not be permitted to acquire his or her property, hiring a qualified eminent domain attorney is a must.

Thanks for visiting the Sever Walker Padgitt web page for the State of Illinois. Our firm of eminent domain attorneys has represented dozens of Illinois landowners in matters ranging from road projects and high voltage transmission lines to natural gas and oil pipelines. As a result, our eminent domain lawyers have accumulated the necessary Illinois-specific eminent domain knowledge to handle any type of case—big or small. We have seen it all and are ready to handle the unique and complex issues your Illinois condemnation case may present.

If you need immediate attention please contact us directly at 1-888-318-3761 or email me at jordan@landownerattorneys.com.

Springfield, Illinois Office

Address

920 S Spring Street
Springfield, IL 62704

Phone

(217) 718-2644 (Local)
(888) 318-3761 (Toll Free)
(317) 575-9943 (Fax)

Email

jordan@landownerattorneys.com

Contact Us

Before going alone against the State let us give you our opinion. It is our pledge that we will provide a free case review for any individual or business facing eminent domain or condemnation. Contact us now at 888-318-3761.

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