Department of Natural Resources v. Brauer

It is important to understand what happened here. After the complaint was filed, after discovery, after trial, and after a judgment setting the fair cash market value of the land, it was revealed that defendants sold off valuable easement rights in the property. The sale of these easements, like any other valuable asset in the land, depreciated its value.

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The Illinois Constitution and the Eminent Domain Act both provide for “just compensation” for the taking of private property. Ill. Const. 1970, art. I, § 15; 735 ILCS 5/7—101 (West 2000 & Supp. 2001). The measurement of just compensation is,…