Department of Transportation v. Kelley

PRESIDING JUSTICE HOLDRIDGE,

specially concurring:

The doctrine of stare decisis requires this court to follow the unit rule where a partial taking occurs. For that reason, I concur in the majority’s answer to the certified question. I write separately in the hope that our supreme court would revisit this issue.

The unit rule, first articulated in Illinois in 1873, requires that the value of the property taken be determined, not based upon its own value, but only as a part of the whole tract held by the landowner. Page v. Chicago, Milwaukee & St. Paul Ry. Co., 70 Ill. 324, 327-28 (1873); see…