Shefsky & Froelich attorneys have extensive experience in handling all aspects of eminent domain litigation. We have significant experience representing private property owners whose interests are threatened by governmental action, or whose property is being taken for public use. Our attorneys work closely with our clients to make sure their interests are identified and protected and the case is properly positioned for further disposition. Additionally, we work closely with our clients and their experts to assess the value clients can realistically achieve and then work together to formulate and implement appropriate settlement strategies to resolve each matter favorably.

In seeking the maximum compensation for our clients, Shefsky & Froelich attorneys strive to obtain not only the full and just compensation to which they are entitled based upon the fair market value of the property; we also have had success in obtaining severance damages and business damages incurred whenever a business is adversely affected. We also have been effective in obtaining non-monetary benefits including provisions of public services, improved roadway access and more advantageous zoning.

Shefsky & Froelich attorneys also have significant experience representing private property owners in regulatory taking or “inverse condemnation” matters, such as overly restrictive zoning designations, denials of building or demolition permits, and onerous conditions placed on development. Our attorneys also represent various governmental agencies and public utilities in the defense of such actions brought by individual land owners.

We also have worked on behalf of numerous governmental agencies, including managing many of the eminent domain cases for the City of Chicago, the Chicago Park District, the Chicago Public Building Commission, the Chicago Housing Authority, the Chicago Transit Authority, and the Illinois Tollway Authority.

  Income Tax Considerations

There are special provisions in the Internal Revenue Code which address eminent domain situations. Shefsky & Froelich is experienced with resolving these issues.

  Private Ownership:

• Represented developer of a large shopping center in the acquisition of right of way easements by IDOT for the City of Joliet.

• Negotiated the transfer of a large parcel of land held for many years by a prominent family to the DuPage County Forest Preserve.

• Helped private institutions such as hospitals and universities acquire adjacent land needed for expansion, as well as acquiring land needed for easements for construction and operation of utilities, roads, and access.

• Defended buyer of a major commercial parcel in Rosemont, IL, which was under threat of condemnation; negotiated a mutually acceptable settlement which included adoption of a favorable rezoning of the remaining property.

  Public Entities:

• Previous and current representation of the City of Chicago in various land acquisition matters through the City’s power of eminent domain.

• Filed eminent domain lawsuits in connection with the acquisition of the Klee Building as well as parcels of land located in the Galewood/Armitage TIF and the Clybourn/Ogden TIF.

• Assisted the City of Chicago, Department of Planning and Development in the acquisition by purchase and condemnation of over 50 vacant and occupied parcels of land necessary for the development of mixed-income communities by the Chicago Housing Authority and its receiver The Habitat Company LLC.

• Supported condemning authorities such as the Chicago Park District and Public Building Commission in a variety of matters filed in the Law Division of Cook County, including the acquisition of parcels of land from private owners of property during condemnation proceedings.