Illinois Central Gulf Railroad v. Eaton

Petitioner, Illinois Central Gulf Railroad, appeals from the judgment of the circuit court of Franklin County, entered January 29, 1985, dismissing petitioner’s amended petition for condemnation.

Petitioner filed a petition for condemnation on April 15, 1983, seeking to exercise its right of eminent domain to acquire land owned by respondents, Merwin and Marilyn Eaton, for the purpose of constructing a wye track at the intersection of two railroad tracks. Respondents’ motion to dismiss alleged that petitioner had failed to obtain prior authority from the Illinois Commerce Commission before…