Illinois Eminent Domain Process

Selecting an appraiser who can accurately value your property and assess the damages to any remaining parcel is one of the most critical steps in any eminent domain claim. Many times, property owners try to take matters into their own hands, and unknowingly hire an inexperienced appraiser. Unfortunately, this step could ruin a good claim. Visit our Resources page, under Why Act Now to read an example of how hiring the wrong appraiser can ruin your claim. Make sure you consult with an eminent domain attorney before hiring an appraiser on your own.

If the property owner signs the final settlement papers, they waive their right to pursue additional damages and the case is complete.  The property owner should only settle with the government if they are satisfied with the amount of compensation offered.

Once the final settlement papers are executed by the property owner, the deed is transferred to the condemning authority.  It is at this time that ownership is transferred from the property owner to the condeming authority.

The owner is paid in full, the condeming authority owns the property, and the owner's case is completely done. The property owner can no longer file a claim to challenge the taking or to receive additional compensation.

If, after negotiations, the property owner is not satisfied with the amount offered by the condeming authority, they can refuse the offer and allow condemnation to occur.

If a negotiated sale cannot be reached, the condemning authority may apply to the circuit court of the county where the property in question is located by filing a complaint with the clerk of court. The complaint will reference the purpose of the taking, a description of the property, and must include all property owners' names, along with a request that compensation be paid to the property owner (735 ILCS 30/10-5-10)

Any time after the complaint has been filed, but before judgment, the condemning authority may motion to take title and possession of the property if needed; this procedure is known as a ‘quick take'. (735 ILCS 30/20-5-5) If a quick-take motion is filed, the court will set a date for a hearing, no less than 5 days after the motion is filed. At the hearing, if the court has not previously determined that the condemning authority has the right to exercise eminent domain, then the court will hear and determine that issue first. The court's order on this issue can be appealed by either party within 30 days. (735 ILCS 30/20-5-10(a)(b))

If the court determines the condemning authority has the right to take the property and no appeal is filed, the court may appoint 3 appraisers to evaluate the property in question and report their findings to the court. (735 ILCS 30/20-5-10(d) The court's preliminary finding of just compensation may not be used as evidence in further proceedings regarding just compensation. Once the condemning authority deposits the amount determined by the court with the country treasury, the court will enter an order of taking and the condemning authority will take possession of the property at a date determined by the court. (735 ILCS 30/20-5-15(a)

This section is only applicable for the acquisition of property for private ownership or control. Acquisition for a road improvement project would not fall under this category.

Up to 14 days before the trial to determine just compensation, the property owner may submit an offer of settlement to the condemning authority. (735 ILCS 30/10-5-110(b)) If the property owner does not make an offer, they will not be entitled to reimbursement of attorney's fees and costs. The condemning authority has 10 days to accept the offer, and acceptance must be given with a written offer. (735 ILCS 30/10-5-110(c)) If the offer is rejected, then the offer is withdrawn from the trial and may not be used as evidence.

If the condemning authority does not accept the property owners offer and the final just compensation determined by the court is equal to or greater than the property owners offer, then the condemning authority must pay the property owners' attorney's fees and expenses as outlined in their attorney fee recovery statue. (735 ILCS 30/10-5-110(e))

Unless a quick take action was filed (as described in #12), the hearing must not occur earlier than 20 days after service upon the property owner. (735 ILCS 30/10-5-30) A jury may be present at the trial, at the request of the property owner. If the property owner requests a jury, a demand must be filed before the return date of the summons. (735 ILCS 30/10-5-5)

Either party may request the jury to examine the property in question. After viewing the property, and upon hearing proof of valuation from both parties, the jury must create a report in writing that clearly states the amount of compensation owed to the property owner. (735 ILCS 30/10-5-45)

The condemning authority may enter and take possession of the property once compensation has been paid to the county treasurer, and either party may appeal the court's final decision on just compensation. (735 ILCS 30/10-5-70(a))