Forest Preserve District v. First National Bank

Illinois Supreme Court
Civil Court
Condemnation
Citation
Case Number: 
2011 IL 110759
Decision Date: 
Thursday, December 1, 2011
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Appellate court affirmed.
Justice: 
THOMAS
Forest preserve district filed condemnation action to acquire 204 acres (a public golf course and adjoining land). Jury valued property at $10.725 million as of 1999 complaint-filing date, but landowners contended that value had more than doubled. District had negotiated in good faith, but parties were unable to agree on purchase price; thus, District's filing of condemnation action was allowed. Court properly vacated jury verdict as to value, subject to possible reinstatement after hearing on just compensation using current value of property. In Illinois, a taking occurs on date that government deposits amount of compensation that has been ascertained and awarded, and acquires title and right to possession. (KILBRIDE, FREEMAN, GARMAN, KARMEIER, BURKE, and THEIS, concurring.)