The Law Offices of Barry A. Springer, PC | tel. 847.673.9470
Barry A. Springer, P.C. Attorney at Law

IDOT Projects involving Possible Takings

CTA Projects involving Possible Takings

Changes in Eminent Domain Law

In 2005, the United State Supreme Court ruled in favor of wider powers of eminent domain. January 1, 2007, ushered in changes to the State of Illinois' eminent domain laws. These significant changes do not all favor the state government. In fact, under certain circumstances, these changes can favor the property owner. The updated law now includes:

• Changes to the burden of proof. The burden of proof that the government must meet to demonstrate that the taking of property is necessary has been tightened under certain circumstances.

• The government's obligation to pay the landowner's attorney's fees is now allowed in very specific circumstances.

• Under certain circumstances, there are consequences—to the government—of a jury award that is higher than a settlement offer made before trial.

• The government now has more obligation to pay relocation expenses.

• The date as of which just compensation is evaluated can be changed from the date the case was filed to the trial date, under certain circumstances.
As an Illinois eminent domain authority, Mr. Springer is an often-cited source for the Chicago media on this complex government process. He has appeared on WTTW-Chicago's program Chicago Tonight to explain changes in Illinois' eminent domain law. Crain's Chicago Business also quoted Mr. Springer in an article pertaining federal eminent domain activity in the City of Chicago.