Forest Pres. Dist. v. First Nat’l Bank

The Forest Preserve District, filed a condemnation action against defendant's golf course and 54 undeveloped acres in December, 1999. The Eminent Domain Act provided that the date of filing the complaint was to be considered the valuation date for determining just compensation. 735 ILCS 5/7-121. At a trial held nearly eight years later, a jury determined that the fair market value on December 21, 1999, was $10.725 million. The appellate court affirmed in part, but vacated as to value and remanded to determine if the property has materially increased in value. The Supreme Court affirmed. Noting that condemnation can be abandoned and that the owner may have to continue paying taxes after the filing, the court concluded that a taking, to avoid an award of substantially less than fair market value, occurs on the date that the government deposits the amount of compensation that has been awarded and acquires title and the right to possession. Defendant did not forfeit its claim by failing to demand a speedy trial. The court noted that the District has not yet taken title and still could abandon condemnation. The trial court properly concluded that the District engaged in good faith negotiations.