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Title: IN THE CONSTRUCTION OF AN INTERSTATE FREEWAY THE STATE CAN CONDEMN INTERESTS IN REAL PROPERTY TO PROVIDE ACCESS TO OTHERWISE LANDLOCKED PARCELS
Accession Number: 00238709
Record Type: Component
Abstract: IN THIS ACTION OF EMINENT DOMAIN THE STATE OF ILLINOIS SOUGHT TO ACQUIRE AN EASEMENT OF A 30-FOOT STRIP ACROSS A FARM TRACT OF THE DEFENDANT WHICH WOULD PROVIDE ACCESS TO THE HIGHWAY FROM A FARM TRACT OF HARRIS TRUST AND SAVINGS BANK. BEFORE CONSTRUCTION OF THE INTERSTATE, THE ENTIRE HARRIS TRACT HAD ACCESS ONTO THE HIGHWAY, WHICH AFTER CONSTRUCTION IS NO LONGER AVAILABLE TO THE PARCEL OF THE TRACT NORTH OF THE INTERSTATE. THE CIRCUIT COURT DISMISSED THE PETITION AND SUIT AS TO THE PROPOSED EASEMENT-TAKING, HOLDING IT WAS NOT FOR A PUBLIC USE BUT TO PROVIDE ACCESS TO PRIVATE PROPERTY. UNDER THE EMINENT DOMAIN STATUTE, THE STATE MAY ACQUIRE THE FEE OR A LESSER ESTATE. IN THIS CASE, THE STATE DEEMED THAT AN EASEMENT IS SUFFICIENT FOR THE INTENDED USE. THE EASEMENT SOUGHT IS EXPRESSLY AUTHORIZED BY THE 1965 AMENDMENT BY THE STATE LEGISLATURE, AND DOES NOT PREVENT THE TAKING FROM BEING A PUBLIC USE SIMPLY BECAUSE IT WILL BENEFIT AN INDIVIDUAL LANDOWNER. THE APPELLATE COURT OF ILLINOIS REVERSED THE TRIAL COURT'S VERDICT AND DEMANDED WITH DIRECTIONS. DEPARTMENT OF PUBLIC WORKS AND BUILDINGS V. BOZARTH, 242 N.E. 2D 54, APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, NOVEMBER 18, 1968.
Supplemental Notes: Distribution, posting, or copying of this PDF is strictly prohibited without written permission of the Transportation Research Board of the National Academy of Sciences. Unless otherwise indicated, all materials in this PDF are copyrighted by the National Academy of Sciences. Copyright © National Academy of Sciences. All rights reserved.
Pagination: pp 3-4
Publication Date: 1969-6
Serial: Media Type: Digital/other
TRT Terms: Old TRIS Terms: Subject Areas: Highways; Law; Research
Files: TRIS, TRB
Created Date: Aug 25 1994 12:00AM
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