Subject Index Eminent Domain

Eminent Domain: A New Valuation Timetable

By James M. Wagner & Patrick J. Kelly
September
2012
Article
, Page 486
A recent case holds that compensation must reflect the value of the property when the payment is made, not earlier when the condemnation complaint was filed.

Service by publication insufficient for eminent domain proceeding

August
2011
Illinois Law Update
, Page 388
Service by publication only establishes personal jurisdiction in an eminent domain case where the entity seizing land has diligently searched for all potential parties to the action, according to an Illinois Court of Appeals ruling.

Procedure for eminent domain by sanitary districts amended - PA 094-1106

June
2007
Illinois Law Update
, Page 292
The Illinois Municipal Code changed 65 ILCS 5/11-147-1 by allowing a sanitary district and municipality to enter into a contract for use of the sanitary system even if the sanitary district and municipality are not adjacent. 

Governmental taking of direct access rights not an extinguishment of rights

November
2006
Illinois Law Update
, Page 584
On August 10, 2006, the Illinois Appellate Court, Third District, affirmed on alternate grounds the Circuit Court of McDonough County's denial of a motion by Lowderman, LLC (Lowderman) to consider damages resulting from an alleged extinguishment of access rights.

The New Eminent Domain Law: Protections for Landowners, Hurdles for Governments

By Joseph V. Healy
November
2006
Article
, Page 596
A review of the legislature's response to Kelo, which takes effect January 1.

The General Assembly rewrites eminent domain law

By Helen W. Gunnarsson
June
2006
LawPulse
, Page 278
The bill, now on the governor's desk, specifies that property can be condemned only for a "qualified public use." 

Kelo v City of New London - How Safe Is Your Castle?

By Ronald S. Cope
April
2006
Article
, Page 186
A look at how Kelo affects municipalities' power to use eminent domain to promote economic development.

In Defense of Kelo: One Lawyer’s Take on Takings

By John H. Brechin
October
2005
Article
, Page 524
An approving look at the U.S. Supreme Court's much-criticized Kelo v City of New London.

A condemning authority’s good faith in negotiating with a property owner in eminent domain proceedings may be challenged in an interlocutory appeal

May
2004
Illinois Law Update
, Page 242
On February 5, 2004, the Illinois Supreme Court affirmed the Second District Appellate Court's determination that a condemning authority's good faith in negotiating compensation with a property owner may be challenged in an interlocutory appeal brought pursuant to §7-104(b) of the Eminent Domain Act, 735 ILCS 5/7-104(b) (West 2000).

Correspondence from Our Readers

July
2002
Column
, Page 334
Put family first.

A Primer on Eminent Domain

By Jack H. Tibbetts
June
2002
Article
, Page 313
An outline of the procedural requirements and recent cases.

The supreme court does a retake on quick-take

By Helen W. Gunnarsson
June
2002
LawPulse
, Page 282
The Illinois Supreme Court has limited the power of governments to acquire property and transfer it to private owners.

Prior to filing condemnation proceedings, city must make a bona fide attempt to agree on price and negotiate in good faith

May
2002
Illinois Law Update
, Page 232
On February 7, 2002, the Appellate Court of Illinois, Second District, affirmed the trial court's dismissal of Naperville's condemnation proceedings.

Select a Different Subject