“Eminent Domain Law is Violent”

When a government creates a tax increment financing district, it is ultimately promising to improve the area. It is saying that after threatening residents with condemnation litigation and buying their property at bargain prices, they will transfer it to deep-pocketed…

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Successful Business in Fox River Grove Forced out by Condemnation

For years, the Village of Fox River Grove threatened condemnation – the involuntary taking of private property through litigation – driving out businesses in the name of commercial development. A lone restaurant, New China, has withstood the Village’s years-long attempt…

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Village of Algonquin’s use of Eminent Domain by Stonegate Road

Property owners often take comfort in the fact that the government is required to extend a purchase offer, often supported by an appraisal, before it can file a lawsuit to take private property for public use. Property owners represented by…

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Conned in Wisconsin: How Condemnation Cost the Government

Be it the State, a county or a municipality, governments like to talk tough when invoking the right of eminent domain and initiating condemnation proceedings in circuit court.  Yet there is a number of things the government has to do…

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Tractor in Field

U.S. Supreme Court: California Regulation Constitutes a Physical Taking of Property and Requires Compensation to Property Owners

In a recent case decided on June 23, 2021, the Supreme Court of the United States held that a government regulation in California which allows union organizers to access private property for a specified amount of time per month and…

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Downtown Chicago

U.S. Supreme Court Denies Certiorari in Eychaner Case

On July 2, 2021, the U.S. Supreme Court delt another blow against property owners and their rights when it denied considering Fred J. Eychaner v. City of Chicago, No. 20-1214, a case which asked the Court to review the issue…

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Pipeline in forest

U.S. Supreme Court Rules in Favor of Private Pipeline Company

The US Supreme Court ruled in favor of a private delegatee, PennEast Pipeline Company, LLC, and against New Jersey for the State’s property when the Court delivered its opinion on June 29, 2021 in PennEast Pipeline Co., LLC v. New…

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Front of the US Supreme Court Building

Eminent Domain Cases for Texas Border Wall Proceed Despite Pause

One of President Biden’s promises when he ran as a candidate was that there would be not “another foot of wall” construction of the United States southern border wall, and that the open eminent domain cases would end. “End. Stop….

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Cato Institute Files Brief in Eychaner v City of Chicago, Challenging Kelo v City of New London

On April 14, 2021, the Cato Institute filed an Amicus Curiae Brief in Eychaner v. City of Chicago, No. 20-1214, a case in which the Supreme Court of the United States could consider whether to expand the Takings Clause even…

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image of buildings from afar

Prepare for More Projects Being Funded—and More Takings

An article¹ in the Chicago Tribune outlined out many infrastructure projects in Illinois that would receive a portion of federal funding should President Biden’s two-trillion-dollar American Jobs Plan pass, along with various perspectives on the plan as well. The plan,…

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image of a baseball field blurred

Football Stadium’s New Turf and Drainage System Posing Potential Issues: An Example of Damages

There is hesitancy surrounding the Leechburg Area School District’s turf project for its Veterans’ Field Sports Complex, as the Leechburg council delayed approval of the project until its April meeting, according to an article posted on TribLive on March 21,…

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image of a truck

Businesses Along Route 47 in Woodstock Brace for State’s Road Widening Project

In an article published December 1, 2020, on the Shaw Media website, business owners are bracing for the upcoming road project on Route 47 in Woodstock, Illinois. While some are looking forward to the work being done, others are worried that the…

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