What is a Quick-Take Hearing?

October 7, 2021

In Illinois there is also a procedure called a “quick-take hearing.” The right to “quick-take” is provided by statute to some condemning authorities, and it gives those public bodies the right to obtain title and possession to the condemned property in an expedited manner. In addition to satisfying the legal requirements for exercising the power of eminent domain, the condemning authority must show an immediate need for the property and during the “quick-take hearing” the court (judge) determines the amount of preliminary just compensation that is due the property owner. Upon payment of that amount, the condemning authority gets title and possession to the property. The case continues, though, and at trial, the jury is not told the amount of preliminary compensation that was paid. If the verdict is more than the preliminary compensation, the condemning authority must pay the difference, including interest. If the verdict is less, the owner must refund the difference.

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