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DEPT. OF PUB. WKS. & BLDGS. v. KELLER

No. 12408.

22 Ill. App.3d 54 (1974)

316 N.E.2d 794

THE DEPARTMENT OF PUBLIC WORKS AND BUILDINGS, n/k/a THE DEPARTMENT OF TRANSPORTATION, Petitioner-Appellant, v. LAWRENCE KELLER, JR., et al., Defendants-Appellees — (J.C. BREMER, Defendant.)

Appellate Court of Illinois — Fourth District.

Rehearing denied October 10, 1974.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield (Roy Frazier and Denis A. McGrady, Sr., Assistant Attorneys General, of counsel), for appellant.

G.R. Schwarz, of Schwarz and Self, of Jerseyville, and Jack E. Horsley and Richard F. Record, Jr., of Craig & Craig, of Mattoon, for appellees.

Reversed and remanded.

Mr. PRESIDING JUSTICE SMITH delivered the opinion of the court:

The circuit court of Jersey County dismissed the petition of the Department of Public Works and Buildings (now Department of Transportation) in an eminent domain proceedings to condemn approximately 21.32 acres of land under the provisions of the Illinois Highway Code (Ill. Rev. Stat. 1967, ch. 121, par. 4-201.15). In general terms this statute provides for the acquisition...

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