Chicago Tribune
June 4, 2006
In a ruling issued Friday, the state Supreme Court upheld the
Illinois Department of Transportation's authority to set aside private
land for the proposed far west suburban Prairie Parkway, affirming
lower court decisions to dismiss a suit filed by property owners nearly
four years ago.
Despite the unanimous ruling that puts an indefinite hold on land that
might eventually be needed for the north-south freeway linking
Interstate Highways 80 and 88, the move may not stave off further
litigation.
Timothy Dwyer of St. Charles, an attorney for the more than 40 land
owners in Kane, Kendall and Grundy Counties with property within the
transportation corridor, said his clients are likely to authorize him
to petition the U.S. Supreme Court to review the case.
IDOT acted in July 2002 to designate for protection a roughly
300-foot-wide by 36-mile-long corridor between the two east-west
interstates to accommodate a possible freeway.
About a quarter of the property owners with land in the corridor sued
IDOT, contending that among other things, its actions amounted to an
unconstitutional taking of private land.
IDOT chief counsel Ellen Schanzle-Haskins said she was not surprised by the high court's finding.
Compared with corridor protection statutes in many other states, "Our
statute has some important safeguards that are not present in other
places," she said.
If IDOT's planning remains on course and a preferred route is
designated this fall as expected, construction of a roughly 12-mile
segment of the freeway in Kendall County could begin in three years,
state officials said.