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
John Spesia selected as one of America’s Top 100 High Stakes Litigators
Spesia & Taylor congratulates partner John Spesia on his recent nomination and selection for membership as one of America’s Top 100 High Stakes Litigators. The selection committee for the group identifies and highlights the accomplishments of the nation’s most esteemed and skilled litigators in high stakes legal matters. In order to be considered for selection, an attorney must first have litigated a matter with at least $2,000,000 in damages ... Read More
Landowner Testimony in Condemnation Cases
Published in the Illinois Government Lawyers Association Journal Something to Think About By Jacob E. Gancarczyk and Christian Spesia The goal in any condemnation proceeding is to determine “just” compensation – i.e. compensation that places the landowner in the same economic position as they were in prior to the taking. In order to determine the amount of compensation that is owed to the landowner both parties typically hire appraisers. ... Read More
