The Fourth District Appellate Court affirmed compensation in three eminent domain cases in favor of an energy company represented by Spesia & Taylor. During the condemnation proceedings, the defendants sought over $5,300,000 for 7.3 acres of permanent pipeline easements. Eight months after the cases were filed, attorney John Spesia effectively argued that the compensation owed for the 7.3 acres totaled $45,000. The trial court agreed with ... Read More
John Spesia Presents His Views On Pipeline Condemnation Cases At The Appraisal Institute Annual Conference In Denver, CO
Spesia & Taylor Partner John Spesia’s expertise in the area of utility and pipeline eminent domain litigation was recognized when he was invited to be a featured speaker at the Annual Meeting of the Appraisal Institute, a gathering of real estate appraisers from around the country who assemble to learn about recent developments impacting their profession. Former Appraisal Institute President Joseph Magdziarz said, “Given John’s extensive ... Read More
The Eminent Domain Act’s Rebuttable Presumption – Section 735 ILCS 30/5-5-5(c)
Under the Eminent Domain Act (“Act”) a utility company who receives a certificate or finding of public convenience and necessity from the Illinois Commerce Commission enjoys a rebuttable presumption that “acquisition of that property [being condemned] is (i) primarily for the benefit, use, or enjoyment of the public and (ii) necessary for a public purpose.” 735 ILCS 30/5-5-5(c). This article will briefly discuss the recent decisions from the ... Read More
Spesia & Taylor successfully advocate 21 eminent domain cases on behalf of energy company, Appellate Court approves just compensation
The Fourth District Appellate Court approved just compensation in 21 eminent domain cases totaling $357,500 for 54.12 acres of permanent pipeline easement. An energy company represented by Spesia & Taylor filed condemnation complaints in McLean County. The energy company moved to expedite the proceedings by filing an injunction seeking immediate access across the properties. Ten months after the complaints were filed, the trial court granted ... Read More
Appellate case handled by Spesia & Taylor appears in Chicago Daily Law Bulletin article
Expert opinion gets reined in one opinion at a time By Norman Ruber To some lawyers, all facts are created equal. —Felix Frankfurter This unfavorable assessment by the former U.S. Supreme Court justice probably applies to the expert witness issues found in Enbridge Pipeline (Illinois) LLC v. Monarch Farms LLC, et al., 2017 IL App (4th) 150807. Enbridge arises out of the issuance of a certificate of eminent domain authority by the ... Read More
