What We Learned and What We Taught at our Illiana Seminars

Last week, Sever Storey went on a three day revival seminar tour, from Lowell, IN to Joliet, IL. We met a lot of nice, gracious and concerned citizens that were worried about what the proposed Illiana Expressway would have on their properties. We apologize to those at the Peotone Library seminar that could not manage to find a spot in the crowded library. We did not anticipate such tremendous response, and for our next round of Illiana seminars (tentatively set for early 2013) we promise to have more space.

Three Things Sever Storey Learned:

1. There is a vocal and concerned mass of citizens that will not stand pat while both IDOT and INDOT carve up the landscape.

2. There are many diverse types of land that may be affected. It isn’t merely farmland, but unique property with specific characteristics and uses.

3. Many people are interested in seeking out help, be it by legal or otherwise.

Three Thinds We Taught:

1. Quick Take/Indiana procedure and its intricacies. In quick summation, both Indiana procedure and Quick Take permits the condemning authorities to gain access to a property owner’s land without giving final just compensation.

2. Class action is not available. In order for class action to be viable vehicle, the plaintiffs must suffer a similar damage. Land, by legal definition, is unique and not similar.

3. For those that do not directly have their land taken, there is some remedy available. Called “inverse” condemnation, this vehicle permits an abutting or otherwise situated landowner to initiate litigation for damages suffered by the roadway. However, it is important to note that a mere reduction in value is NOT ENOUGH to sustain an “inverse” condemnation suit. There must be some other impact on title (such as access impact, flooding impacts, special use inhibitation, etc).

If you think you may be affected by this project, contact our office at any time at 1-888-318-3761 or visit us on the web at www.landownerattorneys.com.


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