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List of Forms by Chapter
Chapter 1 — The Power of Eminent Domain: Introduction and Overview
IV. Authority To Exercise the Power of Eminent Domain
V. The Exercise of the Power of Eminent Domain: A Typical Eminent Domain Action
Chapter 2 — Initial Procedures and Pleadings of the State and Other Condemning Bodies
I. Introduction
II. Precondemning Procedure
III. Complaint for Condemnation
IV. Appendix
Chapter 3 — Pleadings and Procedures by the Condemnee
IV. Traverse and Motion To Dismiss
XI. Appendix — Forms
Chapter 4 — Quick-Take
III. Who Has Quick-Take Powers?
IV. How Is Quick-Take Commenced?
VIII. Ancillary Issues
IX. Appeals
X. Subsequent Proceedings
XI. Sample Pleadings and Documents
Chapter 5 — Eminent Domain Proceedings by Government Authorities Other Than the State
II. Preliminary Considerations
III. Issues for Both Sides To Consider in the Prosecution or Defense of a Condemnation
IV. Transferring Property from One Private Owner to Another by Condemnation
V. Inverse Condemnation
VI. [5.44] Other Condemnation Issues
Chapter 6 — Pretrial Procedure
II. Initial Preparation
III. Quick-Take Proceedings
IV. Discovery
V. Pretrial Motions and Issues
Chapter 7 — Valuation of Property in Eminent Domain
I. Introduction
II. [7.6] Use of Experts To Prove Valuation Issues
III. Valuation in Complete Acquisitions
IV. Valuation in Partial Acquisitions
V. Valuation in Easement Acquisitions
Chapter 8 — Trial Procedure and Technique
I. Trial Advocacy in Eminent Domain Cases
II. General Procedural Rules
III. Jury
V. Jury View of Property
VIII. [8.17] Voluntary Transactions for Cash
IX. [8.21] Similarity
X. Purchase Price of the Subject Property
XIII. Demonstrative Evidence — Maps, Plats, and Photographs
XIV. Presenting Valuation Witnesses
XVI. Jury Instructions
Chapter 9 — Mandamus and Inverse Condemnation
Chapter 10 — Leasehold Damages and Awards in Eminent Domain
I. Introduction
II. The Parties
III. The Condemnation Proceeding
VI. Appendix — Sample Forms
Chapter 11 — Federal Eminent Domain Practice
II. [11.2] Federal Power To Condemn
III. Valuation and Damages
IV. [11.31] Procedure in Federal Condemnation
V. Inverse Condemnation — Remedies
VI. [11.55] Relocation Payments: Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
VII. Revestments, Exchanges, and Disposals
VIII. Appendix — Sample Forms
Chapter 12 — Environmental Law Issues in Eminent Domain Litigation
I. Introduction
II. [12.3] Environmental Laws That May Impose Liabilities
III. [12.15] Environmental Laws That Can Constrain Development of Property
IV. Discovery Issues — Right To Inspect Property
V. Evidentiary Issues
Chapter 13 — Appeals
II. Preliminary Considerations
IV. Additional Considerations
V. [13.14] Particular Types of Appeals
VI. [13.22] Appeal to Illinois Supreme CourtLindsay S.C. Brinton is a Partner at Lewis Rice LLC in St. Louis, where she focuses on litigation. She is a member of the Missouri Bar and the United States Court of Federal Claims, and she is admitted to the United States Court of Appeals for the Federal Circuit. Ms. Brinton received her bachelor’s degree magna cum laude and her J.D. from the University of Missouri — Columbia.
T. Hunter Brown is an associate at Lewis Rice LLC in St. Louis, where he focuses on creditor’s rights and commercial litigation. He is a member of the Commercial Receivers Association and the Emerging Leader’s Network and a Board member of Seed St. Louis. Mr. Brown received his B.A. from Southern Methodist University, where he was a President’s Scholar and the 2011 McLemore Scholar, and his J.D. cum laude from the Washington University in St. Louis School of Law, where he was on the Dean’s List and won the Outstanding Advocate Award and the Award for Excellence in Oral Advocacy.
John W. Damisch is a Partner at Damisch & Damisch Ltd. in Chicago, where he focuses on civil trial litigation. He is a former Illinois State Bar Association Assembly member, chairs the ISBA Agricultural Law Section Council, and is a Diamond Fellow. He is also a past Board Member of the Illinois Bar Foundation, where he helped secure unused state farm legal assistance funds for productive use by the Foundation. He has held leadership positions in the United Way, school parent organizations, state and local government boards, scouting initiatives, churches, 4-H and farming activities, and several banks. Mr. Damisch received his J.D. from the Northwestern University Pritzker School of Law.
Richard F. Friedman is a Member of the managing group at Neal & Leroy, LLC, in Chicago, where he concentrates his practice in eminent domain, land use, litigation, and historic preservation. He has been the principal attorney in over 100 appeals. Mr. Friedman teaches historic preservation law at the University of Chicago Law School and in the historic preservation graduate program at the School of the Art Institute of Chicago. He received his BS from the University of Illinois at Urbana-Champaign and his JD from the University of Chicago Law School.
Michele S. Gonzalesis a Partner at Elle Law Group, LLC, in Oak Park, where she devotes her practice to eminent domain and complex commercial litigation. She is a member of the Illinois State Bar Association. Ms. Gonzales received her B.A. from the University of Chicago and her J.D. from the Chicago-Kent College of Law.
Gabriela C. Herrera is an associate at Neal & Leroy, LLC, in Chicago, where she concentrates her practice in real estate transactions and finance, zoning, development and land use, and eminent domain/condemnation. Herrera is a member of the Chicago Bar Association and the Hispanic Lawyers of Illinois. She earned her B.A. magna cum laude from Loras College and her J.D. from Chicago-Kent College of Law, where she was a member of the Moot Court Honor Society and on the Dean’s Honor List.
Brian R. Kalb is a Partner at Byron Carlson Petri & Kalb, LLC, in Edwardsville, where he focuses on real estate and commercial litigation and agriculture law. He is a member of the Illinois State and Missouri Bar Associations. He was a Law Clerk to the Honorable Michael A. Wolff of the Missouri Supreme Court (2001 – 2002), and he was on the Public Interest Law Initiative Pro Bono Volunteer Honor Roll in 2020. Mr. Kalb received his J.D. summa cum laude from the the Southern Illinois University School of Law.
Meghan S. Largent is a Member of Lewis Rice LLC in St. Louis, where she focuses on federal takings, eminent domain, and land valuation. She was listed on Missouri Lawyers Media “The POWER List: Commercial & Consumer Litigation 2022, 2023,” was a Super Lawyers Rising Star in 2014 – 2016, and was a Presenter on “Issues in Eminent Domain that Invite Ethical Mistakes: Staying on the Straight and Narrow” at the ALI-CLE 2019 Eminent Domain and Land Valuation Litigation Conference. Ms. Largent received her Bachelor of Journalism from the University of Missouri-Columbia and her J.D. from the Washington University in St. Louis School of Law.
Christopher J. Murdoch is a Partner at Emry Murdoch LLC in Chicago, where he focuses his practice on commercial litigation, insurance coverage, and eminent domain. He is a member of the American Bar Association and is a Special Assistant Attorney General. Murdoch received his B.A. from Georgetown University and his J.D. from the University of Michigan Law School.
Elisha D. Sanders is a Partner at Sanders & Twomey, LLC, in Marion, where she focuses her practice on eminent domain, real estate, estate planning and administration, and business and municipal law. She is a member of the Illinois State Bar Association’s Standing Committee on Law Office Management & Economics and a member of the Illinois Supreme Court Committee on Character & Fitness. Ms. Sanders received her B.S./B.A. from Southeast Missouri State University and her J.D. from the Southern Illinois University School of Law.
Mark J. Steger is Senior Counsel at Clark Hill PLC in Chicago, where he focuses on environmental law. He was named a Leading Lawyer in 2023. Mr. Steger received his B.S. and his M.S. from the University of Illinois at Urbana-Champaign and his J.D. from the Seattle University School of Law.
Casey L. Twomeyis a founding member at Sanders & Twomey, LLC, in Marion, where she focuses on probate, estate planning, real estate, business, and eminent domain. She has been selected as a Leading Lawyers’ Emerging Lawyer (2017, 2018). She is a member of the Illinois State Bar Association and a past President of the Jackson County Bar Association. Ms. Twomey received her B.A. cum laude from Southern Illinois University and her J.D. from the Southern Illinois University School of Law.
Joseph B. VanFleet is a Managing Partner at Howard & Howard Attorneys PLLC in Peoria, where he concentrates his practice in business litigation. He is a member of the American and Illinois State Bar Associations and the American Inns of Court. Mr. VanFleet received his B.S. with high honors from the University of Illinois and his J.D. from the University of Illinois College of Law.
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