Department of Public Works & Buildings v. Keller

Mr. PRESIDING JUSTICE SMITH

delivered the opinion of the court:

The circuit court of Jersey County dismissed the petition of the Department of Public Works and Buildings (now Department of Transportation) in an eminent domain proceedings to condemn approximately 21.32 acres of land under the provisions of the Illinois Highway Code (Ill. Rev. Stat. 1967, ch. 121, par. 4 — 201.15). In general terms this statute provides for the acquisition of the fee simple title or a lesser interest in property in order to “provide for the preservation of the natural beauty of areas through which State highways…