In Illinois, when a condemning authority files a lawsuit to take property through eminent domain, the property owner can challenge this by filing a “traverse.” This legal action disputes the authority’s right to acquire the property. If successful, the court will dismiss the eminent domain lawsuit.
A traverse can be based on any of the allegations in the condemning authority’s complaint, including:
- Whether there is legal authority to take the property through eminent domain.
- Whether the taking serves a legitimate public purpose.
- Whether the acquisition is necessary to achieve the public purpose.
- Whether the condemning authority made a genuine attempt to agree on compensation before filing the lawsuit.
- Whether the property was accurately described in the complaint.
These defenses allow property owners to contest the validity of the eminent domain action. Learn more about the process of protecting your property.
