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
Construction Before Just Compensation – Fourth District Changes Game In Condemnation Cases
By: Jacob Gancarczyk and Christian Spesia, Spesia & Taylor For years, the game in condemnation proceedings for the condemnee has been delay. The strategy was the longer you could delay a project, the more the condemnor would pay in order for the project to proceed. A recent decision from the Fourth District Appellate Court has potentially changed the game in this regard. On September 22, 2015, the Fourth District Appellate Court in ... Read More
Landmark Eminent Domain Decision Allows Construction to Commence Prior to Jury Trial on Just Compensation
Appellate court permits the construction of a pipeline to commence across 21 tracts of land prior to a jury trial awarding just compensation. Ten months after filing the condemnation suits, attorneys for the condemning pipeline company, Sidley & Austin LLP and Spesia & Taylor, successfully argued for an injunction that permitted construction to commence in the case Enbridge Pipelines (Illinois) L.L.C. v. Troyer. Due to efficient and ... Read More
Scheduled Two-Week Jury Trial Involving Seven Cases Ends within Three Days in Favor of Condemnor
Fourteen months after filing condemnation suits, attorneys John Spesia, Jeff Taylor, and Jacob Gancarczyk from Spesia & Taylor successfully end a scheduled two-week jury trial in just three days with the trial court granting directed verdicts in all cases. Defendants disclosed seven experts to testify, at trial, that just compensation totaled more than $23.9 million, arguing that the highest and best use of the property was residential. ... Read More
In a Single Year, Spesia & Taylor Successfully resolves Jury Trials in 32 Cases across Six Illinois Counties
Thirty-two landowners across six Illinois counties (Will, Livingston, Kankakee, McLean, DeWitt, and Marion counties) sought damages in access of $31.3 million. Due to vigorous representation by the attorneys from Spesia & Taylor, led by partner John Spesia, the condemning pipeline ultimately paid out only $457,300.00 total for just compensation. Thirty-one of the thirty-two cases resulted in directed verdicts in favor of the condemnor, and in ... Read More
