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Illinois Department of Transportation ex rel. People v. Raphael

Court of Appeals of Illinois, Second District

February 19, 2014

THE ILLINOIS DEPARTMENT OF TRANSPORTATION, for and on Behalf of the People of the State of Illinois, Plaintiff-Appellee,
v.
CONCETTA L. RAPHAEL, Defendant-Appellant; (Washington Mutual Bank, F.A., n/k/a JPMorgan Chase Bank, N.A.; and Unknown Owners and Nonrecord Claimants, Defendants)

Appeal from the Circuit Court of Du Page County. No. 10-ED-47. Honorable Patrick J. Leston, Judge, Presiding.

Affirmed in part and reversed in part; judgment vacated; cause remanded.

SYLLABUS

In the condemnation of a 10-foot strip of land off a residential parcel next to a highway, the trial court properly granted plaintiff's motion to bar the testimony of the owner's appraiser on the ground that he valued the remainder and taken parts the same without any basis, since a single-family residence was on the remainder and the strip taken contained a driveway, a turn-around area and some lawn, but the trial court erred in denying defendant's motion to bar the testimony of plaintiff's appraiser, because she did not consider the contributory value of the improvements on the remainder when giving a value to the part taken; therefore, the trial court's award of total just compensation was vacated and the cause was remanded for further proceedings.

For Appellant: Patrick J. Kelly, of Helm & Wagner, Naperville, IL.

For Appellee: Lisa Madigan, Attorney General, Michael A. Scodro, Solicitor General, Paul Racette, Assistant Attorney General (of counsel), Chicago, IL.

JUSTICE McLAREN delivered the judgment of the court, with opinion. Justices Hutchinson and Spence concurred in the judgment and opinion.

OPINION

McLAREN, JUSTICE

Page 1121

[¶1] In this condemnation case, defendant, Concetta L. Raphael (the owner), appeals the trial court's order granting the motion in limine of plaintiff, the Illinois Department of Transportation (IDOT), to bar the testimony of the owner's appraiser and denying the owner's motion in limine to bar the testimony of IDOT's appraiser. The owner also appeals the trial court's order entering judgment of total just compensation in the amount of $18,000 for the property at issue. We affirm in part, reverse in part, vacate the judgment of total just compensation, and remand for further proceedings.

[¶2] BACKGROUND

[¶3] On September 1, 2010, IDOT filed a complaint for condemnation of the subject property owned by the owner. On October 12, 2010, IDOT filed a motion for immediate vesting of title pursuant to the " Quick-Take" procedure of section 20-5-5 of the eminent domain act (735 ILCS 30/20-5-5 (West 2010)). On December 6, 2010, the trial court entered an agreed order stating that the parties agreed to preliminary just compensation of $20,000 ($13,800 for the part taken of the subject property and $6,200 for damages to the remainder); IDOT would be vested with fee simple title to the part taken of the subject property; and final just compensation would be litigated at a later date. On February 17, 2011, IDOT was vested with title to the part taken of the subject property. On April 7, the owner filed a counterclaim for damages to the remainder.

[¶4] The subject property consisted of a parcel of land located on Route 53, also known as Rowling Road, and 132 feet from I-355 in unincorporated Du Page County. The subject property was improved with a 3,322-square-foot, two-story single-family home, built in 2000. The home had a full basement, an attached three-car garage, a triple-wide asphalt-paved driveway off Rowling Road, and an asphalt-paved turn-around

Page 1122

area. The condemnation proceeding involved the taking of an approximately 871-square-foot strip that consisted of portions of the front lawn, ...


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