[Download] "Dept. of Public Works v. Oberlaender" by Supreme Court of Illinois " Book PDF Kindle ePub Free
eBook details
- Title: Dept. of Public Works v. Oberlaender
- Author : Supreme Court of Illinois
- Release Date : January 27, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Rehearing denied May 27, 1969. A petition was filed on January 3, 1964, in the circuit court of Henry County on behalf of the State of Illinois, the appellee,
to condemn 44.22 acres of land out of a tract owned by the appellant, Donald Oberlaender. The land sought by the appellee
was required for the construction of Federal Aid Interstate Route 80. The cause was tried by a jury, which was permitted to
view the premises. No claim was made by the appellant for damages to his land which was not sought by the appellee in the
condemnation petition. At trial the landowner presented four valuation witnesses, whose opinions as to the value of the parcel
taken ranged from $500,000 to $625,000. In addition, the appellant testified to a value of $606,750 for the property concerned.
In contrast, the witness for the appellee who was allowed to express an opinion valued the tract taken at $56,000. The jury
returned a verdict fixing compensation at $600,000 and the trial court, after denying the appellee's motion for a new trial,
entered judgment on the verdict. On appeal, the Appellate Court for the Third District determined that erroneous rulings of
the trial court, considered cumulatively, had been substantially prejudicial to the appellee and it reversed and remanded
the cause for a new trial. (92 Ill. App.2d 174.) We have granted the appellant leave to appeal from this decision.