Subject Index Eminent Domain

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.

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. 

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.

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).

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