Kaskaskia Land Co., LLC v. Vandalia Levee & Drainage District

Illinois Appellate Court
Civil Court
Condemnation
Citation
Case Number: 
2019 IL App (5th) 180403
Decision Date: 
Thursday, September 5, 2019
District: 
5th Dist.
Division/County: 
Fayette Co.
Holding: 
Affirmed.
Justice: 
CHAPMAN

A cause of action for inverse condemnation is not cognizable when a quasi-governmental entity acquires a prescriptive flood easement over private property due to the inaction of previous landowners over a long period of time, as the easement arose before the owner acquired an interest in the property. The prescriptive easement is a granting, and is neither an actual taking nor a regulatory taking, and compensation is not required.(OVERSTREET and MOORE, concurring.)