Patzner v. Baise

Respondents, Gregory W. Raise, Secretary of the Department of Transportation of the State of Illinois, and the Department of Transportation of the State of Illinois (Department), appeal from the trial court’s order issuing a writ of mandamus directing Raise to institute condemnation proceedings against property owned by petitioner, Delbert M. Patzner. The issue on appeal is whether the circuit court had jurisdiction to issue a writ of mandamus compelling the institution of an eminent domain action where petitioner’s property was not taken for public use. We reverse.

Petitioner owns a parcel of…