Lake County Forest Preserve District v. First National Bank

558 N.E.2d 721, 200 Ill. App. 3d 354, 146 Ill. Dec. 758, 1990 Ill. App. LEXIS 1127
CourtAppellate Court of Illinois
DecidedAugust 1, 1990
Docket2-89-0937
StatusPublished
Cited by6 cases

This text of 558 N.E.2d 721 (Lake County Forest Preserve District v. First National Bank) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lake County Forest Preserve District v. First National Bank, 558 N.E.2d 721, 200 Ill. App. 3d 354, 146 Ill. Dec. 758, 1990 Ill. App. LEXIS 1127 (Ill. Ct. App. 1990).

Opinion

PRESIDING JUSTICE UNVERZAGT

delivered the opinion of the court:

Plaintiff, Lake County Forest Preserve District (the District), filed an eminent domain action in the circuit court of Lake County. The District sought to acquire by condemnation certain property belonging to defendants, First National Bank of Waukegan, as trustee of trust No. 3085, Swanson Farms Partnership, mortgagor and beneficial owner of the property held in trust No. 3085, Alan Richards and Michael L. Ralph, two of the partners of Swanson Farms Partnership, and Hamilton Financial Corporation, lien holder. Defendants filed a traverse and motion to dismiss, stating that the District failed to make a bona fide effort to agree with the defendants as to the just compensation to be paid for the subject property prior to the filing of the District’s condemnation complaint. An evidentiary hearing was held on August 10, 1989. In its written order issued on September 7, 1989, the court granted defendants’ traverse and motion to dismiss, finding that the District had not made “a good faith, bona fide attempt to agree on the purchase price for the land sought to be condemned.”

The District appeals, raising four issues which can be effectively stated as one: whether the District made a bona fide attempt to reach an agreement with defendants on the amount of compensation for their property.

Illinois’ Eminent Domain Act provides that “[p]rivate property shall not be taken or damaged for public use without just compensation.” (Ill. Rev. Stat. 1987, ch. 110, par. 7—101.) A condition precedent to the exercise of the power of eminent domain is an attempt to reach an agreement with the property owner on the amount of compensation. (City of Oakbrook Terrace v. LaSalle National Bank (1989), 186 Ill. App. 3d 343, 351.) In this regard, the acquiring authority must make a bona fide attempt to agree, and the attempt must be made in good faith. (Department of Transportation v. Walker (1980), 80 Ill. App. 3d 1039, 1040.) Where a wide disparity exists between the value placed on the property by the acquiring authority and the property owner and where the circumstances show that no practical solution can be reached, no further negotiations are necessary. Peoples Gas Light & Coke Co. v. Buckles (1962), 24 Ill. 2d 520, 527-28; Oakbrook Terrace, 186 Ill. App. 3d at 351.

The subject property (parcel EF-5) consisted of approximately 19.66 acres of a 35-acre parcel. Defendants purchased parcel EF-5 in May 1986 for $280,000. Thereafter, parcel EF-5 in conjunction with the remainder of the 35-acre parcel was sold for $965,683.71 to Anvil Farms, a joint venture of which defendant Swanson Farms Partnership was a 50% owner with a corporation called Hamilton Development. Late in 1986, defendants began having informal discussions with the Village of Lincolnshire (Village) regarding the annexation of their 35-acre parcel to be developed as the Anvil Farms Subdivision. With future annexation in mind, defendants hired an engineer, a land planner, a tree surveyor, and other professionals to prepare preliminary plats of subdivision and other studies incident to approval by the Village for annexation. In July 1987 defendants were prepared to make their formal proposal for annexation and subdivision to the Village Board of Lincolnshire (the Board). Two of the defendants and their engineer appeared at the Board’s July 23, 1987, meeting to make their presentation. However, at the meeting defendants learned that the District had expressed some interest in acquiring the Keough Properties, which included the subject property. As a result, the Board voted to defer any action on the defendants’ request for annexation until the District’s intent could be clarified.

In a letter, dated July 31, 1987, the District president, Donald Strenger, reported to the Village that the subject property had been brought to the attention of the District’s land acquisition committee (the Committee) on July 10, 1987, that the property had been referred to the administrative staff for preliminary study, that the staff study had not yet been considered by the Committee, and that no determination to recommend the property for acquisition had been made by the land acquisition committee or the District’s finance committee. Defendants received a copy of this letter. In response, defendants sent a letter on August 5, 1987, to Stronger, requesting a definitive statement of the District’s intent requiring acquisition of the subject property.

In a September 23, 1987, letter to the Village the chairman of the land acquisition committee explained the District’s position stating:

“No motion to acquire these properties has been made by any member of the Land Acquisition Committee, and the matter is not scheduled for further consideration.
The prospective purchasers of the Keough Properties [which included the subject property] have been advised that they are free to seek annexation to the Village of Lincolnshire.”

Defendants received a copy of this letter, and shortly thereafter the Village contacted defendants to inform them that they were now free to appear before the Board and resume their petition for annexation.

Between the time of receipt of the September 23, 1987, letter from the District and the District’s October 25, 1988, notice of intent to acquire the subject property, defendants worked with the Village toward annexation and subdivision of the entire 35-acre parcel. The evidence at the hearing showed that prior to October 25 defendants prepared and revised the plat of proposed subdivision improvements, including the general layout plans, the utility plans, and other construction details such as storm sewers, and that defendants obtained final approval of such improvements from the Village. Everything that needed to be done to get the property annexed and subdivided had been accomplished with the exception of the final vote of the Board. Additionally, buyers had already contracted for the 10 contemplated lots on the subject property at an average price of $224,000 per lot.

On October 25, 1988, the District sent the Village a notice of intent to acquire certain properties including the subject property. The District’s notice had the effect of halting defendants’ annexation plans.

In a letter dated November 23, 1988, defendants proposed two alternatives to the District’s plan to acquire their property. One alternative was to exclude the subject property from acquisition. The second was to pay the fair market value for the property plus damages, which the District’s acquisition would cause the remainder of the 35-acre tract. In the letter defendants set forth the amount they anticipated from the sale of the 10 two-acre lots on the subject property, listing the name of each purchaser and the sale price of each lot. The amount defendants were to realize equalled $2,248,000. From this amount defendants subtracted $382,309 spent for site improvements, consisting primarily of roads, sewer, and water, $27,395 for engineering fees, and $75,397 in Village fees, arriving at the final figure of $1,762,899 which represented defendants’ demand for the subject property.

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Cite This Page — Counsel Stack

Bluebook (online)
558 N.E.2d 721, 200 Ill. App. 3d 354, 146 Ill. Dec. 758, 1990 Ill. App. LEXIS 1127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lake-county-forest-preserve-district-v-first-national-bank-illappct-1990.