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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
IX. Appendix
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. Tax Increment Financing Districts
III. Preliminary Considerations
VIII. Transferring Property from One Private Owner to Another by Condemnation
IX. [5.23] Inverse Condemnation
XIII. [5.35] Other Condemnation Areas
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. Valuation in Complete Acquisitions
III. Valuation in Partial Acquisitions
IV. 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. [8.20] 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. Possession and Title
V. [11.31] Procedure in Federal Condemnation
VI. Remedies of Interest Holders Neither Paid nor Proceeded Against
VII. [11.55] Relocation Payments: Uniform Relocation Assistance and Real Property Acquisition Policies Act
VIII. Revestments, Exchanges, and Disposals
IX. 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
III. [13.6] No Error vs. Error
IV. Additional Considerations
V. [13.14] Particular Types of Appeals
VI. [13.22] Appeal to Illinois Supreme CourtWilliam L. Broom III is a Partner at Barrett, Twomey, Broom, Hughes & Hoke, LLP, in Carbondale, where he concentrates his practice in civil litigation, estate planning, and eminent domain. He has been a Special Assistant Attorney for the Illinois Department of Transportation for eminent domain and land acquisition since 1983. He is active in the Illinois State Bar Association and has served as Chair of its Committees on Professional Responsibility, Healthcare, and Continuing Legal Education. He is also a member of the American Bar Association, the American Association for Justice, and the Illinois Trial Lawyers Association. Mr. Broom received his B.S. from the University of Illinois and his J.D. from the University of Illinois College of Law.
Leo N. Cinquino is a member of Righeimer Martin & Cinquino, P.C., in Chicago, where he concentrates his practice in eminent domain litigation. He served for 11 years as a Special Assistant Attorney General for the State of Illinois for eminent domain cases. He is a member of the American, Illinois State, and Chicago Bar Associations. He has lectured for the American Institute of Real Estate Appraisers, the International Right of Way Association, the Society of Municipal Engineers, ISBA, and IICLE® and was editor of the 1992, 1994, and 1996 supplements to Frank S. Righeimer, Jr., EMINENT DOMAIN IN ILLINOIS (Callaghan). Mr. Cinquino is a graduate of Loyola University Chicago 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.
No bio available.
Richard A. Redmond is a Partner with Holland & Knight LLP, in Chicago, where he represents clients in eminent domain, regulatory takings, land use, environmental, and other real estate-related litigation. In addition to representing private property owners, he provides legal services to governmental entities, including municipalities and state agencies, in his capacity as a Special Assistant to the Illinois Attorney General. Mr. Redmond also provides advice to lawyers and law firms on professional ethics. Mr. Redmond has served on the Illinois Supreme Court Committee on Professional Responsibility since 1983. He is a member of the American Bar Association Section of Litigation, Eminent Domain Committee, and of the Illinois State and Chicago Bar Associations. He received his B.A. with honors from the University of Notre Dame and his J.D. from Cornell Law School.
Patricia A. Small is an associate with the firm Barrett, Twomey, Broom, Hughes & Hoke, LLP, in Carbondale, where she concentrates her practice in civil and appellate litigation and eminent domain matters. She has served as a Special Assistant Attorney General for land acquisition and real estate matters since 1996. She is a former law clerk for Chief Justice William C. Hastings of the Nebraska Supreme Court and is a member of the American Bar Association and Illinois State Bar Association. She is a contributing author to EMINENT DOMAIN PRACTICE (IICLE®, 2020). She received her B.S. from the University of Nebraska — Omaha and her J.D. from the University of Nebraska College 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.
No bio available.
No bio available.
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.
Emily H. Wilburn is an associate at Quinn, Johnston, Henderson, Pretorius & Cerulo in Peoria, where she concentrates her practice in commercial litigation, creditors’ rights, construction, probabe, real estate disputes, and medical malpractice. She is a member of the Peoria County Bar Association, serving as the Chair for the association’s Brown Bag Luncheon CLE series for several years, and of the Abraham Lincoln Inns of Court. Ms. Wilburn received her B.A. summa cum laude from the University of Tennessee and her J.D. cum laude from the University of Tennessee College of Law, where she was the Executive Student Materials Editor for the Tennessee Law Review.
Robert J. Will is a Member of Lewis Rice LLC in St. Louis, where he concentrates his practice in matters related trust and estate litigation, commercial litigation, class actions, and condemnation. He is a Fellow of the American Bar Foundation and a member of the Illinois State Bar Association. He currently serves as Cochair for the American Bar Association’s Pretrial Practice and Discovery Committee and is a former Cochair of the ABA’s committees on Homeless Experience Legal Protection, Trust and Estate Litigation, and Zoning and Land Use. Mr. Will received his B.A. summa cum laude from Saint Louis University and his J.D. with high honors and Order of the Coif from George Washington University Law School.
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