The Illinois Department of Transportation v. Raphael

Illinois Appellate Court
Civil Court
Condemnation
Citation
Case Number: 
2014 IL App (2d) 130029
Decision Date: 
Wednesday, February 19, 2014
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Affirmed in part and vacated in part; remanded.
Justice: 
McLAREN
(Summary corrected.) In condemnation proceeding, court properly barred testimony of landowner's appraiser, as his valuation method was improper, because it misrepresented the value of the specific land portion to be taken. Appraiser assigned uniform square-foot value to entire property, although part taken was a 10-foot-strip with only parts of lawn and driveway, but land also included single-family home. Trial court should have barred testimony of IDOT's appraiser, as appraiser failed to consider contributory value of improvements within the remainder, including house, when valuing the part taken.(HUTCHINSON and SPENCE, concurring.)