Kane County Chronicle
June 3, 2006
By TOM SCHLUETER
The Illinois Supreme Court on Friday ruled that the law designating a
corridor for the Prairie Parkway does not violate state or federal
constitutions.
In a 7-0 opinion, the court stated that the law does not equate to a
"taking" of property and that the affected property owners have been
shown due process.
In 2002, the Illinois Department of Transportation, using the corridor
protection statute, identified a 400-foot-wide, 35.8-mile-long corridor
between Interstates 88 and 80 through Kane, Kendall and Grundy counties
as a corridor to be protected from development.
The law requires 193 property owners to notify IDOT if they plan to
develop their property. The state has 45 days after receiving the
notice to tell an owner whether it wants to buy the property. It then
has another 120 days in which to acquire it.
"Obviously, we are disappointed," said Jan Strasma, president of
Citizens Against the Sprawlway, which is fighting Prairie Parkway.
"Clearly, the property owners are harmed by the corridor protection
statute."
The unanimous opinion went against the plaintiffs on all three counts,
following previous decisions at the circuit and appellate court levels.
Timothy Dwyer, the attorney representing 47 plaintiffs in the case,
said his clients will decide whether they want to appeal to the U.S.
Supreme Court.
"It's up to my clients. I think it's more likely than not," Dwyer said.
Citizens Against the Sprawlway's lawsuit alleged that the notification requirement amounted to a taking of property.
The court ruled that the "plaintiffs must show that the statute has an
effect on the economic viability of every parcel of land that might
fall under a right-of-way map."
Landowners who never intend to develop their property will not trigger
the "option to take" section of the law, the court's opinion said.