Department of Conservation v. Franzen

SUPPLEMENTAL OPINION UPON DENIAL OF REHEARING

In the opinion we hold that where there is complete identity between the holders of the beneficial interest in land trust property described in a condemnation petition and other property not taken but alleged to be damaged by the taking, the common ownership of the beneficial interest is sufficient to permit the filing of a cross-petition for severance damages to the remaining property provided other requirements necessary to the filing of cross-petition are met.

In the petition for rehearing the appellee notes that the beneficial interest in a land…