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COMMISSIONERS OF HIGHWAYS, ETC. v. UNITED STATES

Nos. 80-2168, 80-2190.

653 F.2d 292 (1981)

The COMMISSIONERS OF HIGHWAYS OF the TOWNS OF ANNAWAN, et al., Plaintiffs-Appellants and Cross-Appellees, v. UNITED STATES of America, et al., Defendants, Cross Claimants, Third-Party Plaintiffs, Appellees and Cross-Appellants, v. Daniel WALKER, Individually, and as Governor of the State of Illinois, et al., Defendants, Cross-Defendants and Appellees, v. The STATE OF ILLINOIS, Third-Party Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 7, 1981.

Attorney(s) appearing for the Case

Ronald Butler, Chicago, Ill., for plaintiffs-appellants and cross-appellees.

Herbert Lee Caplan, Chicago, Ill., for defendants, cross-defendants and appellees.

Robert L. Klarquist, Dept. of Justice, Washington, D. C., for intervenor.

Before PELL and BAUER, Circuit Judges, and CAMPBELL, Senior District Judge.

BAUER, Circuit Judge.

During the 1890's the United States exercised eminent domain over lands held by the Commissioners of Highways of several Illinois towns to obtain land to construct the Illinois-Mississippi Canal.1 The condemnations were authorized by the River and Harbor Act. The condemnation decrees awarded the Commissioners $1.00 and required the United States to construct and forever maintain bridges across the Canal for use as...

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