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.
The Illinois Department of Transportation’s (IDOT) plan to expand and rebuild the Eisenhower Expressway (Interstate 290) received federal approval on July 28, 2017. The plan calls for widening the highway and adding managed toll lanes between Mannheim Road and Racine Avenue. The proposal also includes expanded linkages between Pace and the Chicago Transit Authority, as […]
The reality of not having a state budget in nearly two years could pose a threat to the continued roadway work across the State of Illinois. Without a stopgap measure by the state, the Illinois Tollway will be unable to pay contractors effective July 1, 2017 and bring all work to a stopping point. Read […]
The U.S. Surface Transportation Board seeks a mediator to solve the dispute related to land sought by the Illinois State Toll Highway Authority to construct highway ramps over the Canadian Pacific train tracks just west of O’Hare International Airport. The two parties are arguing about whether federal interstate commerce laws trump the Tollway’s eminent domain […]
Kane County voters approved $50 million referendum for land acquisition and capital improvements. Eighty percent of the money from the referendum is intended for the acquisition of about 2,000 acres of land, and about 20 percent for capital improvement. Read more here.