Condemnation; Eminent Domain

Forest Preserve District of DuPage County v Brown Family Trust, 323 Ill App 3d 686, 753 NE2d 1110, 257 Ill Dec 484 (2nd D 2001).

Facts: In May 1998, the DuPage County Forest Preserve District (the District) passed an ordinance authorizing the District's executive director, staff, and attorneys (staff members) to enter negotiations for acquisition of property owned by the Browns. After the parties failed to negotiate a purchase price, another ordinance was passed in June 1998 that authorized staff members to take necessary steps in order to acquire the property, by either negotiation or condemnation. In July 1998, the District filed a complaint for condemnation of the Brown's property. The family filed a motion to dismiss the complaint alleging that it was filed without proper and lawful authority. The lower court agreed with the Browns stating that the power to condemn was vested specifically in the commissioners of the District. Therefore, such authority was unlawfully delegated to staff members and the language authorizing them "to take necessary steps" was too broad. Summary judgment was granted in favor of the Browns. The District appealed.

Holding: Reversed and remanded. The State can delegate its condemnation power to other governmental bodies. The Commissioners of the Forest Preserve District lawfully received such authority from the State. The only issue is whether that power was lawfully delegated to the staff members and attorneys within the District. The court held that an ordinance or law vesting such discretionary power in administrative officers is proper as long as the law properly defines the standards under which the power is to be exercised. In this case, proper standards were provided limiting the power exercised by the District's administrative officers. The District decided to acquire the Brown's property and its staff members were directed to acquire it through either negotiation or condemnation. The District determined a fair price for the Brown's property that served as a limit for the staff members' negotiations. The staff could entertain an offer by the Browns to convey less than a fee simple interest, however any final decisions were subject to the District's approval. The staff was given proper directives and therefore the authority was properly and lawfully delegated.

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