DEPT. OF TRANSP. v. FIRST GALESBURG NAT.

No. 69423.

566 N.E.2d 254 (1990)

141 Ill.2d 462

152 Ill.Dec. 567

The DEPARTMENT OF TRANSPORTATION, Appellant, v. FIRST GALESBURG NATIONAL BANK AND TRUST COMPANY et al., Appellees.

Supreme Court of Illinois.

Rehearing Denied February 4, 1991.


Attorney(s) appearing for the Case

A. Anthony Ashenhurst, of Flack, Kwacala, Murphy & Ashenhurst, Macomb, for appellant.

Burrel Barash, of Barash, Stoerzbach & Henson, Galesburg, for appellees.


Chief Justice THOMAS J. MORAN delivered the opinion of the court:

The plaintiff, the Department of Transportation of the State of Illinois (Department), by virtue of its power of eminent domain, filed a complaint for condemnation in the circuit court of Warren County. In the complaint, it sought to acquire fee simple title to the existing Route 34 right-of-way since it already had surface-only dedication rights and, in addition, the fee simple

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