Ryan and Ryan

Kelo v. City of New London, 125 S.Ct. 2655, 2676 (2005) (Justice O’Connor dissent)

“The specter of condemnation hangs over all property. Nothing is to prevent the State from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory.”

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Illinois Road Projects and Partial Takings

Approximately 50% of the eminent domain cases handled by Ryan and Ryan on behalf of private property owners in Illinois involve land acquisitions by the government, including the Illinois Department of Transportation ("IDOT") and the Illinois State Toll Highway Authority ("ISTHA"), for the construction of new roads and expressways and the restructuring and widening of existing roads and expressways.

Historically, Ryan and Ryan has represented clients in major road projects in Illinois. For example, Ryan and Ryan represented numerous owners involved in the I-355 Tollway project in DuPage and Will Counties, the widening of Route 22 in Lake County, the widening of Lake Street in DuPage County, and the widening of Route 59 in Will County.

These cases many times involve a wide range of issues including valuations for partial strip takings, valuations for the acquisition of temporary construction easements, and the negative effect such takings have on the remainder of the property. For example, the lawyers at Ryan and Ryan have handled partial takings on behalf of property owners involving damage to the remainder due to loss of parking, loss of driveways, loss of landscaping, loss of access, loss of tenants, change in elevation, change in shape, change in highest and best use, reconstruction required by the taking, and decreases in the value of the remaining property because the taking caused the remaining property to become non-conforming under local municipal or county ordinances.

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