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DEPARTMENT OF PUB. WKS. & BLDGS. v. BOZARTH

Gen. No. 11,025.

101 Ill. App.2d 99 (1968)

242 N.E.2d 54

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-Appellant, v. Harold D. Bozarth and Lyle Clark, Defendants-Appellees.

Appellate Court of Illinois — Fourth District.

November 18, 1968.

Attorney(s) appearing for the Case

William G. Clark, Attorney General of State of Illinois, of Chicago and William F. Costigan, Special Assistant Attorney General, of Bloomington, for appellant.

Fleming, Messman & Lapan, of Bloomington (Roger D. Lapan, of counsel), for appellees.

CRAVEN, J., delivered the opinion of the court.

This is an action of eminent domain by the State in connection with Federal Aid Interstate Route No. 74 in McLean County. At a point approximately four to five miles southeast of Bloomington, the State seeks to acquire a permanent easement of a 30-foot strip across a farm tract of defendant Bozarth which would provide access to a 46.7-acre farm tract of Harris Trust and Savings Bank. The Harris tract is bordered on the...

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