What Should You Know About Illinois Eminent Domain?

There are certain circumstances in which the government can take private land for public use. Although the government is legally and constitutionally required to compensate you if they take your land, the prospect of having to leave your land – whether it is your home or other property you own – may be upsetting and daunting. 

You will want to ensure that you fully understand both the condemnation process, as the process of taking eminent domain of private land is called, as well as your rights and the compensation to which you will be entitled. Eminent domain is a niche area of the law, which is why an attorney experienced in eminent domain law can help you understand your rights if you are faced with an eminent domain taking.  

Understanding Eminent Domain

Generally speaking, the government can take your private property, but the following elements must be present:

• The taking must be of private property.
• The government’s taking must include acquiring the property or significantly affecting your rights as a property owner.
• The taking must be for public use, and
• The government must provide just compensation in exchange for taking the land.

Additionally, the government must meet five requirements to take your property via eminent domain:

• The government must have the legal right to take your private property, per the constitution or a specific statute or law.
• There must be a legitimate public purpose for taking the property. This usually involves providing a benefit to the community.
• It must be absolutely necessary for the government to have to take your property for a public purpose, and the government must show that is the case.
• The government authority that is condemning your property must accurately describe the property it intends to acquire for eminent domain.
• The government must make an effort to agree to the compensation it will provide before beginning any court proceedings. This is called having “good faith negotiations” to agree to a settlement.

In Illinois, property may be condemned for eminent domain use for municipalities, parks, schools, forests, the Chicago Transit Authority (CTA), railroads, and utilities. Despite these many possible types of eminent domain takings in Illinois, usually most eminent domain condemnations are done by the Illinois Department of Transportation (IDOT) or the Illinois State Toll Highway Authority (ISTHA), and the most common reason for the taking is to build roads or highways or create access to them. 

What Should You Know If Facing an Eminent Domain Condemnation?

There are many ways you may find out that you could be facing a condemnation action on your property, whether it be through media reports, surveyors, or because a government representative has been in contact with you.

Even if you have an idea that your property may face condemnation, you are under no obligation to allow a government agent to enter or survey your property or to provide any documentation.

Because of the complexity of the eminent domain process and the high stakes, it is advisable to contact an attorney who is experienced in eminent domain law as soon as you think you may be facing such an action. Certainly, if you have been provided with an appraisal by a state entity, utility company, or tollway you should contact an attorney who can use the information on the appraisal to let you know your rights.  

You have a right to challenge the government’s conclusion that they can take your property for eminent domain, for example by arguing before a court that the taking does not meet the required elements for a taking. You can also challenge the amount of compensation the government wants to provide you.

What Is the Eminent Domain and Condemnation Process?

The government cannot simply come in and take your land. Aside from the compensation and public use requirement, the government must follow a specific legal process. The eminent domain process is complex but in broad terms it follows the following structure:

• The government sends negotiators to contact you and appraise the property in order to come up with a compensation price.
• The government will file a lawsuit for eminent domain. You can then choose to challenge the taking or not. You can also choose whether to challenge the compensation.
• Both parties usually have additional expert appraisals of the property.
• The jury proceeds, with the goal of finding out the compensation amount.
• Usually the parties will settle out of court during this point in the proceedings. 

What About Compensation?

The Illinois Constitution provides that public property may not be taken for public use without just compensation. 

Under Illinois law, “just compensation” means the fair market value of your property according to its best use and the highest value it had at the date of the valuation.

To determine what is the appropriate compensation that the government must pay you for your land, the government will consider certain factors, including the

• Fair market value of the property, meaning what a buyer would pay for your property if you voluntarily put it up for sale.
• The property’s “highest and best use,” not its current use.

If the government takes only a portion of your land, they must pay for damages to the value of the remaining land caused by the taking.

In addition to the compensation that the government is required to pay, the law provides you with other protections, including compensation for relocation expenses. In some cases, the government may also pay you for your legal costs related to litigating an eminent domain case affecting your property. 

You are entitled to a jury trial on the question of compensation, although in certain cases where there is time pressure on the government to obtain this property, the government can hold a “quick-take hearing” allowing the government to have a hearing where the court determines the compensation you are owed. 

Contact a Naperville, IL Eminent Domain Lawyer

No one wants to be faced with the prospect of losing their property to the government. Our Naperville, IL eminent domain attorney can accompany you throughout the legal process. If you think you may be facing an eminent domain condemnation of your property, contact the Gierach Law Firm at 630-228-9413 to discuss your options and rights.