Eminent Domain Attorneys In Illinois
At Sever Storey Walker, 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 Storey Walker Result:
$65,000
State: Illinois (Will County)
Case Type: Road projects
Initial Offer: $29,800
Sever Storey Walker Result:
$52,008
State: Illinois (Sangamon County)
Case Type: Road projects
Initial Offer: $36,000
Sever Storey Walker Result:
$64,100
State: Illinois (Pike County)
Case Type: Powerline takings
Initial Offer: $185,093
Sever Storey Walker Result:
$215,916
State: Illinois (Pike County)
Case Type: Powerline takings
Initial Offer: $40,640
Sever Storey Walker Result:
$103,055
State: Illinois (Pike County)
Case Type: Powerline takings
Initial Offer: $55,000
Sever Storey Walker Result:
$159,798
Frequently Asked Questions
Eminent Domain Projects in Illinois
Ill 47 at Ill 176 & Pleasant Valley (Mchenry County)
Realigning Pleasant Valley Road to create a four-leg intersection at the existing three-leg intersection of IL47 at IL176 South Junction.
US 14 / Railroad Underpass
The US 14 railroad underpass is a planned grade separation at US Route 14 and the CN/EJ&E Railway at-grade crossing in Barrington, IL.
Randall Road Widening
Proposed widening of Randall Road in Kane County, IL, to six lanes.
I-80 From Ridge Rd to US 30 (Will County)
Projects planned along I-80 are estimated to cost $1.2 billion and are included in the department’s fiscal year 2020-2025 program...
Grain Belt Express Clean Power Line Project
A proposed 700-mile overhead powerline to deliver 3,500 megawatts of renewable energy from western Kansas to MO, IL, IN, and other states.
South Suburban Airport Project
A proposed new airport (Chicagoland's third airport) in Peotone -- a project that has been in the works for over 40 years.
High-Speed Rail (10th Street Corridor) Project
Relocating a rail line on 3rd Street to 10th Street. This relocation will also include rail improvements, underpasses, and an overpass.
Weber Rd/I-55 Interchange
The reconstruction will bring Weber to six lanes between 119th and 135th streets, and create a diverging diamond interchange.
US 41 At Ill 176 & Pleasant Valley (Lake County)
Reconstruct the existing US 41 at IL 176 interchange and the intersection of IL 176 at IL 43.
US 20 Randall Rd To Shales Pkwy (Cook and Kane Counties)
Replacement of the Route 31 bridge over Route 20 to provide two lanes in each direction with left-turn lanes.
Ill 47 Widening (Us 14 To Charles Road)(Mchenry Counties)
Road improvements for five miles including more traffic lanes, five roundabout intersections, a bicycle lane and a hard median.
Ill 47 Widening (Reed To Us 14)(Mchenry County)
A project to reconstruct the mainly two-lane roadway corridor to four lanes including sidewalk, a median, and water quality features.
Il 176/60-83 Project
Road improvements from IL Route 176, at the north, to the intersection of IL Route 60 (Townline Road) and IL Route 83.
I-55 From I-80 To Us 52 (Will County)
Converting an existing partial interchange at IL 59 and I-55 to a full access diverging diamond interchange.
Eldamain Road Extension Project
Road project in Kendall County, IL to extend Eldamain Road from US 34 to Walker Road that will cross the Fox River.
Dirksen Parkway (Springfield)
Road-widening project in Springfield, IL to upgrade Dirksen Parkway between Clear Lake Ave. and Ridge Ave. from two lanes to four lanes.
Rock Island Clean Line Project
A 500-mile overhead transmission line to deliver 3,500 megawatts from Iowa through Illinois and to other states to the east.
Grand Prairie Gateway Transmission Line Project
A proposed 345,000 volt electric transmission line that will connect existing substations in Bryon, IL and South Elgin, IL.
Futuregen 2.0 Project
A power plant upgrade project, which also involves a new 30-mile pipeline in Meredosia, IL.
Southern Access Extension Pipeline Project
A 165-mile crude oil pipeline starting at Patoka, IL and ending near Pontiac, IL crossing eight counties in central Illinois.
Explorer’s Manhattan Extension Project
An 18-mile diluent pipeline extension connecting Explorer’s existing mainline in Peotone, IL to their mainline in Manhattan, IL.
Spire Pipeline
A 70-mile underground pipeline running through Scott, Greene, & Jersey counties in Illinois and St. Charles & St. Louis counties in Mis...
Illiana Highway
A proposed major highway into the Chicago-land area from Northwest Indiana that could make the South Suburban Airport a reality.
Ameren Three Rivers Project
An almost 400-mile planned transmission line, stretching from the border of Missouri to the border of Indiana.
How Sever Storey Walker 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 Storey Walker 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.
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
* Disclaimer: Form submission doesn’t constitute a client-attorney relationship/contract.
