DuPage county sits due west of Chicago and is the second most populous county in Illinois. It’s county seat is Wheaton and other notable DuPage County towns include: Hinsdale, Naperville and Oak Brook. It is common to see frequent public works projects and eminent domain cases in DuPage County due to it’s proximity to the City of Chicago.
Eminent domain is the Government’s power to take any property for public use without the owner’s consent in exchange for the payment of just compensation. It’s important to note that the Illinois Constitution provides limits on the power of eminent domain. Condemnation and eminent domain is our sole focus at Ryan & Ryan, so you can rest assured you will receive skilled representation.
Our eminent domain lawyers understand the complexities and intricacies of Illinois eminent domain law. Our team can navigate the condemnation process and defend your rights in order to guide you towards the best possible outcome. An experienced DuPage County eminent domain lawyer can help you negotiate with the government authorities outside of the courtroom, as well as aggressively fight for you in court.
Proven History of Results in DuPage County Eminent Domain Cases
At Ryan & Ryan, we let our results speak for themselves. We’re proud to have helped a vast number of clients gain fair and just compensation from the government in a wide range of eminent domain cases. Learn more about our past cases:
Pre-condemnation activity and planning is perhaps the most important step in the eminent domain process. It is safe to assume that the government has been making preparations and consulting with engineers, surveyors, appraisers and land planners for years before they even contact you. Knowing this, it is critical to start your preparation process as soon as possible. It is not possible for the government to acquire your property without either your agreement or a court order.
The government has no legal way of penalizing you for not agreeing to sell your land or for requiring it to obtain a court order authorizing the acquisition of your land. You are protected under the Fifth Amendment of the US Constitution and the Illinois Constitution. After filing and eminent domain lawsuit to acquire private property, the government cannot change its taking to take different land; doing so can constitute abandonment of the complaint for condemnation, requiring that the government pay an owner’s litigation costs, attorneys’ fees and expenses.
Once the government has notified you of it’s proposed project that involves your property, it is normal to bring in a knowledgeable appraiser with experience in condemnation. Ryan & Ryan can has experience facilitating this process. An owner should not obtain an appraisal report without first consulting with knowledgeable eminent domain counsel.
Credible Expert Witnesses
It is important to evaluate and consider the negative impacts that the government’s proposed project may have on your property during eminent domain and condemnation proceedings. Ryan & Ryan routinely works with experienced engineers, appraisers, land planner, and other real estate specialists who can provide credible expert testimony in court..
Condemnation Proceedings and Representation
The Fifth Amendment to the U.S. Constitution and the Illinois Constitution at Article 1 Section 15 both states that private property shall not be taken for public use, without just compensation. In other words, property owners have a constitutional right to just compensation in eminent domain cases. The purpose of the litigation process is to allow both sides to present their evidence regarding the just compensation due the owner. The Law Offices of Ryan & Ryan typically handle all aspects of the court case, including court appearances, hearings, discovery, and trial.
Important Decisions to make in a DuPage County Eminent Domain Case
There are many important decisions to make during an Eminent Domain proceeding. The first being whether the owner wants to challenge the legality of the government’s use of eminent domain (called a traverse and motion to discuss the lawsuit)). In many cases, the property owner will go the route of contesting the amount of just compensation offered by the government rather than contesting the legality of the right to take the property. This process will include exchanging expert appraisal reports, which creates an opportunity for negotiation. If the case cannot be settled, the matter proceeds to a jury trial to determine just compensation.
Types of DuPage County Eminent Domain Cases We Handle
Ryan & Ryan has experience with a wide range of eminent domain cases including: full takings of all types of property, including agricultural, residential, commercial retail, industrial, office, and special use properties. Ryan &Ryan also has extensive experience with partial takings, whether they are fee simple acquisitions where the government is seeking total ownership and control of the property; permanent easements where the government can use the property for any purpose forever; temporary easements where the government can use the property for a limited amount of time for a specified use and then the property reverts back to the owner.
Experienced DuPage County Eminent Domain Lawyers
While many owners are capable of negotiating real property purchase agreements, eminent domain cases are different. In typical purchase agreements, the buyer does not have the right to take your property against your will. Non-condemnation attorneys may not know the full extent of just compensation that the Constitution guarantees an owner in Illinois. By retaining an experienced DuPage County eminent domain lawyer the owner can maximize the total compensation allowable under the law.