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Monday, December 15, 2014

Condemnation of Sewer Easement was Proper

A water reclamation district adopted an ordinance to install a sanitary sewer extension to a residential development. The proposed sewer main would require the installation of a "trunk line" that would run beneath property known as the Sanctuary Condominiums of Rock Cut.  The district attempted to negotiate purchase of an easement for the improvements (at one point offering double the easement's appraised value of $1350), but when the negotiations failed, the district filed a complaint for condemnation with the circuit court.  The circuit court approved the condemnation at the appraised value of $1,350 and the condominium group appealed.  The appellate court affirmed in Rock River Water Reclamation District v. Sanctuary Condominiums of Rock Cut, 2014 IL App (2d) 130813.

The appellate court rejected the condominium's arguments that the condemnation action was defective, and the compensation amount insufficient.  Specifically, the court held that the district had authority to condemn, the sewer project was necessary, the district negotiated in good faith, and the compensation award of appraised value was appropriate. The court rejected the condominium group's argument that the district was required to compensate the owner for costs to re-landscape the property after the project was completed. 

Post Authored by Julie Tappendorf


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