Illinois State Toll Highway Authority v. American National Bank & Trust Co.

I do not agree that the trial court erred in granting the landowners’ motion in limine to exclude evidence of special benefits to the property not taken. Therefore, I respectfully dissent.

In the instant case, the condemning authority took a portion of landowners’ property in order to construct wetlands to compensate for other wetlands destroyed by the highway project and for a utility easement. The measure of damages to property not taken is the difference in the fair market value of the property as a whole before and after the improvement and, in making this computation, special benefits…