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NORTHERN BORDER PIPELINE v. 86.72 ACRES OF LAND

No. 98-1167.

144 F.3d 469 (1998)

NORTHERN BORDER PIPELINE COMPANY, Plaintiff-Appellant, v. 86.72 ACRES OF LAND, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 14, 1998.

Attorney(s) appearing for the Case

Christian G. Spesia, Spesia, Ayers & Ardaugh, Joliet, IL, Alexander Moskovic, Bryan V. Reed, Meskovic & Reed, Arlington Heights, IL, Mark D. Howard (argued), Michael A. Hall, Johnson, Bunce & Noble, Peoria, IL, for Northern Border Pipeline Company.

Donald I. Betternhausen, Bettenhausen & Associates, Tinley Park, IL, for 86.72 Acres of Land and Unknown Owners.

Troy A. Lundquist, Best Mangan & Langhenry, Chicago, IL, for Evertt W. Olmstead.

Douglas F. Spesia, Spesia, Ayers & Ardaugh, Joliet, IL, for Northern Illinois Gas Company.

Celeste Cinquino, Righeimer, Martin & Cinquino, Chicago, IL, for Lorraine Davidson.

Timothy J. Rathbun, McKeown, Fitzgerald, Zollner, Buck, Hutchison & Ruttle, Joliet, IL, for Illinois Valley Electric Cooperative, Incorporated and Heritage First National Bank of Lockport.

Daniel L. Kennedy, Kennedy & Associates, Joliet, IL, Richard J. Kennedy, Colorado Springs, CO, for Elmer Charles.

Michael M. Conway (argued), Hopkins & Sutter, Chicago, IL, for Weber Joliet Farms, Incorporated and Natural Gas Pipeline Company of America.

Before FLAUM, EASTERBROOK, and RIPPLE, Circuit Judges.

FLAUM, Circuit Judge.

With a federal certificate of necessity in hand, Northern Border Pipeline Company initiated eminent domain proceedings in the district court to acquire land for an extension of a natural gas pipeline into the Chicago area. Not content with the pace of an ordinary eminent domain proceeding, Northern Border moved for immediate possession of the lands in question and suggested that the court settle the issue of just compensation later. The district...

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