Eminent Domain Chicago, Illinois Condemnation Law, illinois eminent domain, eminent domain lawyers

Eminent Domain and Related Litigation

In the summer of 2005, the United States Supreme Court issued a decision allowing a small town in Connecticut to take several homes and transfer the land to private developers in the interest of promoting economic development. Known as the power of “eminent domain”, the governmental power to take private property for a “public use” can be formidable. Despite the Supreme Court’s recent decision against the Connecticut property owners, Figliulo & Silverman, P.C. was successful in defending their clients against an attempt to take their property by eminent domain. In December 2005 a court ruled in favor of the firm’s clients and dismissed an eminent domain case brought by a municipality. The result of the ruling means the clients do not have to surrender their property and the municipality is now responsible for reimbursing the clients for the expenses associated with defending the case.

In addition to successfully challenging government’s use of its power of eminent domain, the firm has an impressive record of obtaining generous compensation awards for property that is taken or damaged through the power of eminent domain. For example, in 1999 the firm obtained $12.5 million as compensation in an eminent domain case for an owner of a downtown commercial/office building. Initially, the public body offered $6 million. In 2002, the firm represented the owner of a Motel in an eminent domain case in which the original offer was 1 million dollars. The firm more than doubled the offer and obtained compensation in the amount of $2.2 million. In 2005, the firm represented the owner of industrial land in an eminent domain case in which the original offer of compensation was 2 million dollars. The amount finally obtained was $4.8 million. Again in 2005 the firm obtained a settlement of $1.175 million in an eminent domain case in which the original offer of compensation was $600 thousand.

Nearly half of the firm's attorneys have experience in cases in which the major controversy centered on the valuation of land, most of which are in the field of eminent domain. In the last nine years, the firm or its members have represented owners as well as public bodies in property related litigation in which the amount in controversy has exceeded, in the aggregate, $125 million.

Examples of success in land valuation litigation include a 1996 federal jury trial in which two members of the firm obtained a verdict in the amount of $24 million. The case involved damages to air rights in the south Loop area. The public body denied any liability and refused to offer any money to settle the case. The decision was affirmed on appeal in 1998 and the amount ultimately obtained exceeded $25 million, including interest.

In 1999 and again in 2004, the firm represented the owners of land on North Michigan Avenue. The opposing party claimed the land was worth between $22 and $28 million and in both instances, after long and extensive hearings, the firm obtained a decision in which the land value was declared to be in excess of $50 million.

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