Illinois Attorney Handling Partial Property Takings and Temporary and Permanent Easements by IDOT
When the Illinois Department of Transportation (IDOT) contacts property owners regarding its right to take all or part of their residential or business property due to a road-widening project, intersection project or other highway project, IDOT has likely already spent millions of dollars preparing for and gaining approval for the project. Numerous property owners will likely face condemnation actions with regard to the project and will be incapable of fighting condemnation.
When facing a partial taking or the impressment of easement on your property by IDOT, it is important to consult an experienced attorney who can effectively assert your rights and ensure you receive the full benefits to which you are entitled. Contact Chicago easement lawyer Bryan P. Lynch for a free consultation.
Why Is IDOT Taking My Property?
There are several different categories of property interest that the state may choose to take in an eminent domain and condemnation case. The majority of these projects involve some form of road construction. Widening a road or intersection in a rural or suburban area can mean taking part of one's business property, taking the frontage off one's residential property, asserting the right to use a property owner's property for a number of years or permanently.
- Partial takings: Partial takings by IDOT generally mean that IDOT is seeking to permanently take part of your property — such as 10 feet deep, 15 feet deep or more — as part of its road-widening or intersection expansion project. While the property itself may not have tremendous monetary value, permanently taking a portion of a property can have a significant collateral impact on the utility and value of the balance of the business or homeowner's property. Beyond the burdens of losing your front yard, and the additional noise, dust and pollution, a partial taking can mean problems with location of a residential property owner's well or septic system, location of a business owner's signage, loss of parking that reduces a business property owner's ability to service customers, or zoning ordinance compliance/violations (structures are now located too close to the road) that reduce property value, limit expansion and reduce the property owner's ability to re-sell the property. Property owners have a right to be compensated for the property value as well as for all such impact-related damages.
- Temporary easements: When IDOT seeks a temporary easement on your property, it typically means that they want full use of the specified section of your property for up to five years or until the road construction project is finished. IDOT may use the property for construction, grading, contractor vehicles, construction vehicles, water drainage and many other purposes until the construction project is complete. Once the temporary easement is in place, IDOT will have the right to remove mature trees, remove landscaping, take over parking stalls or otherwise alter the property, without restoring all aspects of your property when IDOT completes the construction project. It is important to work with an attorney who will assert your right to full compensation for such damages.
- Permanent easements: Permanent easements can be extremely invasive to industrial and commercial property owners. Permanent easements sought by government give IDOT the right to use said portion of the property forever. Permanent easements may be used in commercial or industrial property cases where IDOT does not want the responsibility of ownership, but wants the permanent and often exclusive use of your property.
How Much Compensation Am I Entitled to From IDOT?
Unfortunately, it is very difficult for a property owner to defeat IDOT's taking or to save his or her property. However, all property owners can require that IDOT follow the law and every step in the process; and if it does not, then it cannot take your property. Attorney Lynch will ensure that IDOT follows the law and your rights are protected. If IDOT has followed the law, then the owners' focus shifts to their valuation rights, such as:
- Value of property being taken — Full and fair value for the property being taken or subject to an easement
- Damages to remainder — Full and fair value for the damage to the remaining property when the damage cannot be repaired, such as when the business or home is too close to the road and property value is reduced or road construction eliminates parking for customers and/or employees
- Cost to cure — Full and fair value for the cost to repair damages when viable, such as when a septic system or property signage requires relocation or new parking stalls need to be created
Contact Our Chicago Law Firm
If IDOT is adding a turn lane to an intersection or widening the road near your property, understand and protect your rights. Contact our Chicago law firm for effective legal help throughout the collar counties.
Law Office of Bryan P. Lynch, P.C.
734 North Wells Street
Chicago, IL 60654
Phone: 312-573-2727
Fax: 312-573-2728
