Eminent Domain Attorneys in Illinois

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

Eminent domain law can be confusing and intimidating, especially when you’re being served paperwork and facing deadlines for a legal response. Don’t let fear keep you from getting what is rightfully yours. Our eminent domain attorneys in Illinois can support you in your fight to get full compensation and fair treatment in your eminent domain case.

Our team brings over 50 years of combined experience in eminent domain, providing consultation and litigation for residential and commercial properties alike. Whether you live in Chicago, Aurora, or Naperville, our team is prepared to help you navigate the complex field of Illinois eminent domain law and fight for a fair outcome.

What Is Eminent Domain Law in Illinois?

In Chicago and throughout Illinois, eminent domain is a legal term describing an entity’s ability to take land from private landowners and put it toward public use.

What Is Public Use Under Illinois Eminent Domain?

Public use refers to any space that can be used by the general public for transportation, shelter, or supplies. This property must serve a notable benefit to the public instead of focusing on the interests of any single, specific group.

The entity, traditionally a governmental body like the Illinois Department of Transportation (IDOT), the Illinois Tollway Authority or any of the various Chicago-area governmental agencies and entities, may acquire private land for public projects such as interstate highways, government buildings, transit developments, and infrastructure improvements.

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 increased dramatically. Regardless of the purpose of the acquisition, working with the best eminent domain attorneys in Illinois and Chicago can help protect your rights.

Property owners in Illinois are entitled to “just compensation” for the value of their land. This includes not just the fair market value of the property, but also any damages incurred due to the acquisition. Fair market value is determined by looking at the sales of similar properties and vital factors such as specific market conditions, zoning, development potential, and income-generating potential.

Unfortunately, the 2005 U.S. Supreme Court decision in Kelo v. New London drastically reduced federal protection against unconstitutional seizures under eminent domain. The majority opinion also expanded the definition of “public use” to include private business development.

The Illinois General Assembly responded with legislation that promised to limit the government’s ability to seize private property but also provided exceptions that undercut whatever good they might have accomplished.

For example, new laws about acquiring property under eminent domain in Illinois say that an area qualifies as “blighted” as long as five factors exist:

• Proof of the area’s “obsolescence”
• “Excessive vacancies”
• “Excessive land coverage”
• “Deleterious layout”
• “Lack of community planning”

Other court decisions that made eminent domain abuse easier include:

• City of Chicago v. Eychaner (2015)
• Enbridge Energy, LLC v. Kuerth (2016)
• St. John’s United Church of Christ v. City of Chicago (2005)

Local and municipal governments can condemn private property and transfer it to new private owners under the theory of increasing the taxable base of the area. Working with reputable eminent domain attorneys at Sever Walker Padgitt can ensure that property owners receive the full and just compensation they deserve.

Chicago-Specific Eminent Domain Cases

Chicago has a long history of eminent domain cases that have significantly impacted local communities. Notable examples include:

• The O’Hare Airport Expansion – The City of Chicago has used eminent domain extensively to acquire land for the expansion of O’Hare International Airport, leading to legal battles over fair compensation for displaced homeowners and businesses.
• The Cabrini-Green Redevelopment – The demolition and redevelopment of the Cabrini-Green public housing complex involved eminent domain to transfer land for mixed-income housing and commercial development, raising concerns about displacement.
• The South Loop Redevelopment – Large portions of the South Loop were acquired through eminent domain for urban revitalization projects, leading to legal challenges from property owners who fought for higher compensation.

These cases highlight the importance of having a Chicago eminent domain lawyer on your side when facing a land acquisition. Contact us today for guidance on your case.

Condemnation Litigation Process in Illinois and Chicago

Hiring an eminent domain attorney gives you the best chance at a fair outcome by providing legal expertise every step of the way. The eminent domain process follows these steps:

• 60-Day Offer – The condemning authority (such as IDOT, CDOT, or the Illinois Tollway Authority) must send a written offer to the property owner at least 60 days before court proceedings.
• Negotiation – The government and property owner attempt to agree on a price.
• Complaint Filing – If no agreement is reached, the government files a complaint in court.
• Initial Court Hearing – The court determines whether the government has the legal right to acquire the property.
• Quick-Take Hearing (if applicable) – If the condemning agency has quick take authority, it may request that the Court set a quick-take hearing, wherein the government will present arguments as to why the project is for a public use, its opinion of just compensation owed to landowner, and why it should gain immediate access to the property. The landowner may likewise submit arguments on the same topics.
• Discovery Process – Both sides gather evidence, including property appraisals and expert testimonies.
• Trial (if necessary) – If compensation is disputed, a jury may determine the fair market value of the property.
• Compensation and Transfer – Once just compensation is determined, the government takes possession of the property–if it hasn’t already via quick-take.
• Appeal – Either party may appeal the trial decision if they disagree with the outcome.

Understanding your rights in this process is critical, and an experienced Chicago eminent domain attorney can help ensure you receive fair compensation.

Before 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. This notice often comes as a complete shock to landowners unfamiliar with whatever project is being built.

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 leave many landowners feeling 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:

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