The Illinois Commerce Commission granted plaintiff eminent-domain authority to acquire easements over certain real estate for a planned construction of an oil pipeline. Landowners filed a traverse motion challenging plaintiff's right to build the pipeline but their motion was denied by the trial court and awarded just compensation. The Appellate Court reversed and remanded, holding that the trial court had failed to conduct a proper traverse hearing and should allow the landowners to challenge the rebuttable presumptions of public use and public necessity and the Commission's determination as to good faith. However, the trial court should conduct the discovery process consistent with the limited nature of a traverse motion. Defendants appealed a denial of a discovery request seeking information on the the involvement of a third party with the pipeline project. The Appellate Court upheld the denial of the discovery request because a third-party's involvement was not relevant for determining whether the pipeline is primarily for the benefit, use, or enjoyment of the public. The request was irrelevant to the limited purpose of a traverse hearing and was unduly burdensome. (HOLDER WHITE and TURNER, concurring.)
Illinois Appellate Court
Civil Court
Eminent Domain