Plaintiff filed condemnation suit to obtain easement rights over farmland so that it could build and operate a new underground pipeline. Landowner Defendants opposed suit and filed a traverse and motion to dismiss, which court denied. After jury trial on condemnation complaint, directed verdict entered for Plaintiff as to amount of just compensation it was required to pay to landowners. Plaintiff was not required to tender its land market survey to landowners during negotiations to satisfy good-faith requirement. Court properly barred testimony of landowners as to property value as directly contrary to their prior deposition testimony and as improper attempt to avoid court's bar of their expert appraiser's testimony. No evidence that jury had been prematurely discharged, as trial judge was scheduling jury's presence in courtroom to minimize inconvenience to jurors in allowing them to phone courthouse to determine if their appearance was required. (HOLDRIDGE and LYTTON, concurring.)
Illinois Appellate Court
Civil Court
Condemnation