Hampton v. Metropolitan Water Reclamation District

Takings clause of Illinois Constitution provides greater protection for property owners than the takings clause in the U.S. Constitution, because it provides remedy for property that is damaged, as well as property that is taken. What constitutes a taking is the same under the takings clause in the Illinois Constitution and in the U.S. Constitution. Certified question on appeal is limited to the meaning of "takings" alone, not of damaged property within the Illinois takings clause. Thus, lower courts have not yet had the opportunity to review whether Plaintiffs have alleged a sufficient claim for compensation for damaged property. Remanded to allow circuit court to consider entirety of Plaintiffs' claim. U.S. Supreme Court's 2012 decision in Arkansas Game & Fish Commission is relevant to determination of whether government-induced temporary flooding is a taking pursuant to Illinois constitution. (THOMAS, KARNEIER, and THEIS, concurring; BURKE, FREEMAN, and KILBRIDE, specially concurring.)