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
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. Preliminary Considerations
III. Issues For Both Sides To Consider in Prosecution or Defense of a Condemnation
IV. [5.17] Transferring Property from One Private Owner to Another by Condemnation
V. 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. [7.8] 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. 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 of 1970
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.
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.
B. Jay Dowling is a Partner with Clayborne and Wagner LLP, in Belleville, where he focuses his practice on eminent domain, real estate, and workers’ compensation. He is a member of the Illinois State and Missouri State Bar Associations. He earned both of his B.S. degrees (business and economic, administration) from Culver-Stockton College, his Police Officer Certification from the Illinois Law Enforcement Training Board, and his J.D. from Saint Louis University School of Law.
Richard F. Friedman is a Partner atNeal & Leroy, LLC, in Chicago, where he concentrates his practice in eminent domain, municipal law, and historic preservation. Friedman also teaches historic preservation law at the University of Chicago Law School and the School of the Art Institute of Chicago. He earned his B.S. from the University of Illinois at Urbana-Champaign and his J.D. 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.
Valerie M. Moehle is a Partner at Moehle, Swearingen & Lobacz, Ltd., in Pekin, where she focuses on real estate, estates and probate, small businesses, and local government. Ms. Moehle is a member of the Peoria County Bar Association Real Estate Committee and served on the Member Services Committee of the Attorneys’ Title Guaranty Fund, Inc. She received her B.S. with high honors from the University of Illinois and her J.D. summa cum laude from Northern Illinois University, where she was class valedictorian and a member of the NIU College Law Law Review. She was also a law clerk for Justice Ben Miller of the Illinois Supreme Court.
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.
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.
Patrick J. Thornton is an associate at Lewis Rice LLC in St. Louis, where he focuses on construction law, commercial litigation, and real estate litigation. He is a member of the Missouri and Illinois State Bar Associations. He is also a member of the Missouri Bar Leadership Academy Class of 2014 – 2015. Mr. Thornton received his B.A. cum laude from the University of Notre Dame and his J.D. cum laude from Washington University in St. Louis School of Law, where he was a Board Member of the Washington University Journal of Law and Policy.
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.
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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