What Limitations or Defenses Exist for Protecting our Right to Private Property?

October 7, 2021

In Illinois, once the condemning authority files its lawsuit to condemn the property by eminent domain, a property owner may file a “traverse” to challenge the condemning authority’s right to acquire the property through the power of eminent domain. If a property owner is successful, the condemning authority’s lawsuit to condemn the property will be dismissed. Any of the allegations in the condemning authority’s complaint for condemnation can provide a basis for the traverse, which can include: whether legal authority exists to take the property by eminent domain; whether the taking is for a public purpose; whether the taking is necessary for the public purpose; whether the condemning authority made a bona fide attempt to agree on compensation before filing the lawsuit; and whether the property was adequately described by the condemning authority.

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Defending the Right of Property Ownership