When the Illinois Department of Transportation (IDOT) threatens to take your property due to a road-widening project or other transportation project — exercising its rights under eminent domain laws — it is critical to consult with an experienced eminent domain and condemnation lawyer who can ensure your rights are preserved.
Engaged by IDOT in property negotiations? Many people facing condemnation of their property due to a road expansion project or other IDOT project hope that IDOT will be fair in paying proper compensation for the property. They believe that IDOT will be reasonable in negotiations regarding payment for property takings. Owners are often frustrated and disheartened by the amounts offered by IDOT for their property and by the difficult negotiating process.
Condemnation Attorney Helping People Facing an IDOT Property Takeover
At the Law Office of Bryan P. Lynch, P.C., we represent your rights in IDOT negotiations and throughout the condemnation process to ensure you receive the full and proper compensation to which you are entitled for your personal or business property.
Understanding the IDOT Property Taking Process
Notification and the State's Offer: The process of property takings by IDOT begins months and even years before property owners are officially notified. However, for many people, until the IDOT negotiator arrives at their doorstep, most of what they know has been based upon rumors. The settlement packet supplied by IDOT's negotiator will likely contain information about your property rights, an appraiser's report and a property settlement offer. Important things to understand about this stage of the process:
- IDOT may suggest you obtain an appraisal — DON'T. An appraisal will be necessary at a later stage in the process and should only be completed by an appraiser who specializes in property condemnation cases. Obtaining the appraisal now will only mean additional cost for you and could strengthen the IDOT's position in negotiations.
- IDOT's property settlement offer often does not represent the amount to which you should be entitled. A thorough second opinion often reveals omissions for which you are entitled additional compensation. You deserve to be compensated for the full amount of your damages and hardships, including relocation costs when applicable. Chicago IDOT negotiation attorney Bryan P. Lynch can fight for your rights.
IDOT's 60-Day Notice: After supplying property owners with a written property offer, if an agreement is not reached, IDOT will send its written 60-day notice. This notifies property owners that once 60 days lapses, IDOT will have done everything needed — extend a property offer, provide a negotiation period and wait 60 days — to proceed to court and file a condemnation lawsuit.
Motion for Immediate Vesting of Title (Motion for a Quick-Take Hearing): While the complaint is not necessarily filed immediately after the expiration of the 60 days, the 60-day notice provides IDOT with the right to do so. At this stage, IDOT will file its complaint to condemn, and will likely promptly file a motion for Immediate Vesting of Title (a quick-take hearing).
Quick-Take Hearings: It is critical that business and residential property owners are prepared for the quick-take hearing. At this evidentiary hearing, IDOT will present the court with experts, appraisers and evidence to demonstrate how much the state believes your property to be worth. As an experienced eminent domain lawyer, Bryan P. Lynch understands the level of preparation that is necessary for these hearings against IDOT. He presents expert testimony by an independent appraiser and other experts such as engineers and land planners. He presents compelling evidence regarding the true value of your property and the full compensation to which you are entitled.
Quick-Take Hearing Disposition: At the conclusion of the quick-take hearing, the judge will provide IDOT and the property owner with the amount that must be paid to the property owner in order for IDOT to obtain the property. This decision is not binding. The parties may agree to the amount, in which case the agreement is finalized. However, either party may object to the amount and proceed to a trial before a jury or further negotiate a property settlement agreement.
Hire an Experienced Chicago Property Lawyer to Ensure You Are Prepared
Many IDOT property acquisition cases are resolved prior to or shortly after quick-take hearings. These hearings represent the best opportunity for property owners to obtain an increase in IDOT's settlement offer. However, without an experienced lawyer who presents compelling evidence regarding your side of the case, it will be very difficult to get a judge to order IDOT to pay an amount larger than what was offered. Prompt and thorough case preparation are critical in ensuring you receive fair compensation.
When you come to the Law Office of Bryan P. Lynch, P.C., you can have confidence and peace of mind knowing that attorney Lynch will handle everything. Contact our Chicago law firm for a free consultation regarding your case.
Law Office of Bryan P. Lynch, P.C.
734 North Wells Street
Chicago, IL 60654
Phone: 312-573-2727
Fax: 312-573-2728
