By Michael W. Ryan on June 25, 2019 On June 21, 2019, the United States Supreme Court ruled in Knick v. Township of Scott that a private property owner whose property is taken by a state or local government may file a lawsuit asserting a Fifth Amendment takings claim under 42 U.S.C. §1983 in federal […]
Ryan and Ryan can assist property owners in the crosshairs of eminent domain for the Illinois Tollway’s I-294 project. Some homeowners in Hinsdale will be forced to sell a portion of their backyards to the Illinois Tollway for the I-294 Central Tri-State expansion project. Homeowner’s reaction to I-294 project: ‘We are being railroaded’ by […]
By Lauren Ryan on May 9, 2019 Eminent Domain Case: Department of Transportation v. 600 West Dundee, LLC A new Illinois appellate decision was issued from the Fist District on May 7, 2019, captioned Department of Transportation v. 600 West Dundee, LLC, 2019 Il App (1st) 181699, that involves apportionment of a just compensation award […]
The village of Hinsdale submitted its own design to widen Interstate 294, developing an alternate plan for the stretch of tollway between Ogden Avenue and 55th Street. However, Illinois Tollway officials say their plan would impact residential property in Western Springs, does not meet certain safety guidelines, and would potentially shift the center line of […]
Under current federal statute (the Tucker Act), Americans who have property worth more than $10,000 taken by the federal government cannot get a jury trial on the value of the taking. Thus, in an important class of cases, Americans are denied their Seventh Amendment right. A case on appeal to the Supreme Court, brought on […]
On October 30, 2017, the United States Supreme Court denied a property owner’s petition for a writ of certiorari in Jarreau v. S. Lafourche Levee District, No. 17-163, which involved the issue of whether the government must pay compensation under the just compensation clause of the Fifth Amendment when the condemnation of real property inevitably destroys […]
The Owners’ Counsel of America (OCA) announced Leslie Fields as the new executive director on October 11, 2017. The OCA is a national organization composed of leading eminent domain attorneys and William Ryan is the Illinois member. To read the press release on the organization’s new leader, click here.
The Illinois Supreme Court ruled on September, 21, 2017 that Rock Island Clean Line does not qualify as a public utility and found the Illinois Commerce Commission lacked legal authority to issue the certificate of public convenience and necessity under section 8-406 of the Illinois Public Utility Act. This unanimous decision was made on the […]
Great Lakes Basin Transportation, Inc. (GLBT) filed an application pursuant to 49 U.S. C. § 10901 on May 1, 2017 seeking authority from the Surface Transportation Board (Board) to construct and operate an approximately 261-mile rail line that would extend around Chicago, Illinois generally from Pinola, Indiana through Winnebago, Ogle, Lee, LaSalle, Grundy, and Kankakee […]
On June 23, 2017, the U.S. Supreme Court ruled against a private property owner regarding the proper test for what constitutes the whole property for purposes of a regulatory taking under the Fifth Amendment. To read more about this property rights case, click here.