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.

Don’t let fear keep you from getting what is rightfully yours. Our eminent domain attorneys can support you in your fight to get full compensation and fair treatment in your eminent domain case.

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 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 highway, government building, school, library, airport, and/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 best eminent domain attorneys can help protect the rights of landowners who face condemnation.

Property owners in Illinois are entitled to “just compensation” for the value of their land. This is based on the highest price the property would bring in the open market. It should also include the value of the land and any damages incurred due to the acquisition. 

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,” and “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)
• City of Chicago v. St. John’s United Church of Christ (2010)
  

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.

Condemnation Litigation Process in Illinois

• 60 Day Offer: The government agency 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: If the parties can’t agree, the government files a complaint with the court. The complaint includes information about the property, the statute allowing the government to acquire it, and why it needs it. 
• Initial court hearing: The court assesses whether the government has the legal authority to proceed. 
• Discovery: Both parties gather evidence, including appraisals and expert testimonies. 
• Trial: If the case goes to trial, a jury may determine the property’s fair market value. 
• Compensation and transfer of ownership: The government pays the determined just compensation and takes possession of the property. In “quick take” condemnations, the condemnor takes the land in exchange for “preliminary” just compensation before final just compensation is determined.
• Appeal: Either party may appeal the trial decision to a higher court. 

Understanding your rights and all legal processes is vital. Consulting with our eminent domain attorneys in Illinois can help ensure you receive fair treatment and compensation during this challenging time.

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 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:

Explore eminent domain projects in Illinois or other states now. You can filter through projects by state and project type. Not in Illinois? Find an eminent domain attorney in your state.