Department of Conservation v. Baltimore & Ohio Railroad

At issue in this case is the perfection of an appeal to the circuit court from an order of the Illinois Commerce Commission (ICC). On April 4, 1977, the Illinois Department of Conservation (the Department) filed a petition with the ICC to condemn for an archaeological site certain St. Clair County land owned by the Baltimore and Ohio Railroad (B & O). Following hearings and other proceedings, the ICC granted the Department permission to condemn the land on March 21, 1979. The B & O applied for rehearing on April 20, 1979, and this was denied on May 9, 1979. ICC staff prepared a “Certificate…