Department of Transportation Ex Rel. People v. 151 Interstate Road Corp.

delivered the opinion of the court: This condemnation action presents a question of law on which our appellate court is divided: May a condemning authority’s good faith in negotiating with a property owner be challenged in an interlocutory appeal brought pursuant to section 7 — 104(b) of the Eminent Domain Act (735 ILCS 5/7 — 104(b) (West 2000))?

The Fifth District of the appellate court was the first to consider the question. It answered in the negative, holding that whether a condemning authority has negotiated in good faith is not among the issues that can be raised in an interlocutory…