Dealing with IDOT - 7 Tips that May Help
Feel Like your Going Round and Round with IDOT?
Below are 7 tips when dealing with IDOT in eminent domain issues. Eminent domain can be defined as the right of the government to take private land for public use. However, there are certain requirements IDOT (Illinois Department of Transportation) must follow when attempting to acquire property. So, if you are a McHenry County property owner on Route 47 in Woodstock, IL you may have been approached by IDOT regarding your property. In this blog we breakdown 7 tips when dealing with IDOT, to make your experience go smoothly.
1) Judge Approval
IDOT cannot acquire any of an owner’s property without approval from a judge. Therefore, IDOT may acquire your property through the legal process.
2) No Obligation to IDOT
An owner has no obligation to let anyone from IDOT, its appraisers, or real estate personnel on to or in your property. Furthermore, you are not required to discuss anything with IDOT during the eminent domain process.
3) IDOT Contacting You
Owners should know they are not required or obligated to communicate or return the telephone calls or respond to the emails. Therefore, if you are uncomfortable talking with IDOT you may want to seek legal assistance with the process.
4) Fair Compensation
Furthermore, IDOT cannot pay you less because you do not meet with them, call them back, or respond to their emails. Regardless, owners are still entitled to fair compensation.
5) Be Aware of IDOT's Bias
Often, the appraisal IDOT is giving owners is IDOT’s appraiser’s personal opinion of value. Therefore, valuation opinions can vary greatly. Most importantly, never assume that IDOT is working with your best interest in mind.
6) Property Losing Value
Above all, the biggest valuation issue that owners need to consider in these partial strip taking cases is how their property not taken will lose value due to its loss of functionality or utility. Unfortunately, this is the area that IDOT most often undervalues.
7) Protect Yourself
Lastly, if an owner sells his or her property to IDOT through a negotiated sale (outside of the court process) they lose the protection of the Illinois Eminent Domain Act, and it is the same as if they are selling their property to a neighbor.
Eminent Domain Lawyer
For more information regarding the ongoing Route 47 IDOT project follow this link to our free informational WEBINAR. For those that prefer reading, click this link to see our blog highlighting how IDOT can acquire property. In the event you find yourself needing advice regarding an eminent domain and IDOT Takings give us a call.
