When the State of Illinois or any other public body seeks to acquire private property located in McHenry County or anywhere else in Illinois, it may only do so if it is for public use and only upon payment of the just compensation as set forth in Article 1 Section 15 of the Illinois Constitution.
Depending on the project, there are several different property interests that the public body may seek to acquire: full taking, partial taking, temporary easement, or permanent easement. A full taking is self-explanatory – the government wants to seize your entire property. A partial taking means the government only wants part of your property. This is typical in road widenings where, for example, the Illinois Department of Transportation wants to take a portion of your property to widen the existing road.
Then, there are two types of easements the public body may want to acquire: (1) temporary or (2) permanent. A temporary easement means that the government wants to use all or part of your property for a finite period of time. Typically this happens in road widenings where the government wants to use a portion of your property for a period of time (often five years) or until the road construction project is complete. A permanent easement is more like a partial taking in that the government wants exclusive use of a portion of your property forever.
Any property owner who receives notice or a written offer of just compensation that all or part of their property may be acquired for public use should meet with an experienced McHenry County eminent domain attorney at Ryan & Ryan to discuss the property interest sought by the government and whether the compensation offered is a fair price.
McHenry County Eminent Domain Attorney
If the government sends you a written offer of just compensation for the property it seeks to acquire, you should consult with an attorney to discuss (1) whether the government has the right to take the property via eminent domain (2) how the taking (full or partial) or easements (temporary or permanent) may impact your remaining property and (3) what amount of just compensation you are entitled to receive under Illinois law. An experienced eminent domain attorney in McHenry County at Ryan & Ryan can review those issues with you.
The Ryan & Ryan team has been representing property owners since 1975 and have represented property owners throughout McHenry County, including those located in Crystal Lake, McHenry, Lake in the Hills, Huntley, Woodstock, Richmond, and Algonquin for various projects including:
- The Route 31 Algonquin Bypass;
- The widening and improvement of Randall and Algonquin Roads;
- The widening and improvement of Route 47;
- The widening and improvement of Route 31;
- The widening and improvement of Route 176;
- The widening and improvement of Route 14; and
- The widening and improvement of Route 20.
As a result, the attorneys at Ryan & Ryan have extensive experience in the McHenry County Circuit Court located in Woodstock, Illinois. More importantly, Ryan & Ryan will assemble the best experts to defend you in the condemnation case. It is critical to retain the right appraiser, engineer, architect, and land planner, if necessary, to analyze your property, evaluate the effect the taking will have on your property, and determine the value of the property the government seeks to take from you and any damages that equate to a reduction in value to your remaining property.
Whether you are a corporation, a local business, a homeowner, or a farmer, our team will help you protect your property and get the compensation you deserve. Get in touch with us today so we can schedule an appointment and talk about how we can keep your property safe and protected.