Real Estate & Property Law

O'Hare Modernization Act

By Alan Ackerman

Chicago Tribune

At issue is whether the state even has the power of eminent domain for the Peotone airport. Shea said the state was given that authority in 2003 when the O'Hare Modernization Act was signed into law. It included provisions to begin purchasing land in an area suitable for airport construction over the next 10 to 20 years.

A number of landowners have said the state has used the threat of eminent domain to encourage them to sell.

But, Shea said, all the land sales to this point have been voluntary.

Bill Ryan, an attorney representing several landowners, challenges that notion, claiming the reason the state has not invoked eminent domain is that it doesn't yet have the authority to use it. "Clearly land can be acquired for public airports, but the questions are, what land? How much land?"

  The writer of this Chicago Tribune article got it right……he found the best known lawyer on the topic, William Ryan of Chicago,  to note that the Authority may not have the jurisdiction to acquire by eminent domain.  Without a doubt the Illinois legislature will fix that in a hurry!    But holy smokes, then it will have to pay Just Compensation.

Full post as published by National Eminent Domain Blog on August 04, 2009 (boomark / email).