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DEPARTMENT OF PUBLIC WORKS & BLDGS. v. KOCH

Gen. No. 10,619.

62 Ill. App.2d 182 (1965)

210 N.E.2d 236

The Department of Public Works and Buildings of the State of Illinois, for and in Behalf of the People of the State of Illinois, Petitioner-Appellee, v. Ora W. Koch and Freda F. Koch, Defendants-Appellants.

Appellate Court of Illinois — Fourth District.

September 9, 1965.

Attorney(s) appearing for the Case

Busch, Harrington & Porter, of Champaign, for appellants.

William G. Clark, Attorney General, of Chicago (Richard E. Quinn and Harold G. Andrews, Special Assistant Attorneys General, of counsel), Jo C. Williamson, Special Assistant Attorney General, of Champaign, for appellee.

SMITH, P.J.

The circuit court of Champaign County found that the Department of Public Works could exercise the right of eminent domain and properly exercised it in this instance for the purpose of acquiring land of the defendants over which to construct a 100-foot extension to an existing township road. The order so entered is challenged on the grounds that (a) there is no provision in the law for such taking and (b...

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