Department of Transportation v. First Galesburg National Bank & Trust Co.

The plaintiff, the Department of Transportation of the State of Illinois (Department), by virtue of its power of eminent domain, filed a complaint for condemnation in the circuit court of Warren County. In the complaint, it sought to acquire fee simple title to the existing Route 34 right-of-way since it already had surface-only dedication rights and, in addition, the fee simple title to strips of land adjacent to Route 34 so the highway could be widened. It later filed a motion for immediate vesting of title, otherwise known as a “quick-take” motion. One of the defendants, First Galesburg…