{ "id": 4264644, "name": "THE DEPARTMENT OF TRANSPORTATION, Plaintiff-Appellee, v. STANLEY L. TUCKER, as Trustee, et al., Defendants-Appellants", "name_abbreviation": "Department of Transportation v. Tucker", "decision_date": "2006-06-13", "docket_number": "No. 3-05-0277", "first_page": "739", "last_page": "745", "citations": [ { "type": "official", "cite": "366 Ill. App. 3d 739" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "327 Ill. App. 3d 734", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 79374 ], "year": 2002, "opinion_index": 0, "case_paths": [ "/ill-app-3d/327/0734-01" ] }, { "cite": "Wis. Stat. Ann. \u00a7 32.05", "category": "laws:leg_statute", "reporter": "Wis. Stat. Ann.", "year": 2004, "pin_cites": [ { "page": "(2)(b)", "parenthetical": "same" } ], "opinion_index": 0 }, { "cite": "Tex. Prop. Code Ann. \u00a7 21.0111", "category": "laws:leg_statute", "reporter": "Tex. Code Ann.", "year": 2004, "pin_cites": [ { "page": "(a)", "parenthetical": "same" } ], "opinion_index": 0 }, { "cite": "Idaho Code Ann. \u00a7 7", "category": "laws:leg_statute", "reporter": "Idaho Code Ann.", "opinion_index": 0 }, { "cite": "Fla. Stat. Ann. \u00a7 73.015", "category": "laws:leg_statute", "reporter": "Fla. Stat. Ann.", "year": 2004, "pin_cites": [ { "page": "(1)", "parenthetical": "explicitly using the word \"appraisal\"" } ], "opinion_index": 0 }, { "cite": "Cal. Gov't Code \u00a7 7267.2", "category": "laws:leg_statute", "reporter": "Cal. Code", "weight": 2, "year": 2000, "pin_cites": [ { "page": "(b)" }, { "page": "(c)" } ], "opinion_index": 0 }, { "cite": "369 F. Supp. 30", "category": "reporters:federal", "reporter": "F. Supp.", "case_ids": [ 5642617 ], "year": 1973, "opinion_index": 0, "case_paths": [ "/f-supp/369/0030-01" ] }, { "cite": "42 U.S.C. \u00a7 4651", "category": "laws:leg_statute", "reporter": "U.S.C.", "weight": 2, "year": 2000, "pin_cites": [ { "page": "et seq." }, { "page": "(3)" } ], "opinion_index": 0 }, { "cite": "171 Ill. 2d 378", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 57332 ], "year": 1996, "opinion_index": 0, "case_paths": [ "/ill-2d/171/0378-01" ] }, { "cite": "326 Ill. App. 3d 33", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 1281388 ], "weight": 2, "year": 2001, "opinion_index": 0, "case_paths": [ "/ill-app-3d/326/0033-01" ] }, { "cite": "203 Ill. 2d 497", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 799378 ], "weight": 2, "year": 2003, "opinion_index": 0, "case_paths": [ "/ill-2d/203/0497-01" ] }, { "cite": "342 Ill. App. 3d 588", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3473220 ], "weight": 2, "year": 2003, "pin_cites": [ { "page": "602" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/342/0588-01" ] }, { "cite": "342 Ill. App. 3d 588", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3473220 ], "year": 2003, "opinion_index": 1, "case_paths": [ "/ill-app-3d/342/0588-01" ] } ], "analysis": { "cardinality": 720, "char_count": 14653, "ocr_confidence": 0.791, "pagerank": { "raw": 4.03580807328026e-08, "percentile": 0.1428436561359369 }, "sha256": "6af6ec80b702e78ad77b96a4d0f841e413761000576d63a1f0c0e34864672274", "simhash": "1:6bb818f74944a01d", "word_count": 2348 }, "last_updated": "2023-07-14T18:50:16.995484+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "THE DEPARTMENT OF TRANSPORTATION, Plaintiff-Appellee, v. STANLEY L. TUCKER, as Trustee, et al., Defendants-Appellants." ], "opinions": [ { "text": "JUSTICE HOLDRIDGE\ndelivered the opinion of the court:\nThe Illinois Department of Transportation (IDOT) filed a condemnation complaint regarding property over which Tucker was trustee. IDOT also moved for immediate vesting of title under the \u201cquick-take\u201d statute (735 ILCS 5/7 \u2014 103 (West 2000)). Tucker then filed a traverse, alleging that IDOT had failed to negotiate in good faith as required by law. The basis of his allegation was IDOT\u2019s refusal, during the negotiation stage, to disclose the report from its appraisal of the property. The circuit court denied Tucker\u2019s traverse and subsequently vested title in IDOT pursuant to the preliminary just compensation rules applicable in quick-take proceedings (see 735 ILCS 5/7 \u2014 104, 7 \u2014 105 (West 2000)). Tucker eventually filed this appeal challenging the circuit court\u2019s denial of his traverse. We affirm.\nBACKGROUND\nThe property in question is approximately three quarters of an acre in a 160-acre tract of farmland belonging to the Leo A. Harrison Trust. Tucker, an attorney, is the trustee. The property was already dedicated for state highway use before these condemnation proceedings. Through the proceedings IDOT sought title to the property for purposes of expanding Highway 136. IDOT also sought part of Tucker\u2019s access rights to the existing roadway because its improvement plans entailed a limited-access, four-lane highway.\nSection 7 \u2014 102.1(d)(1) of the Code of Civil Procedure (Code) requires:\n\u201cAt least 60 days before filing a [condemnation] petition ***, a State agency shall send a letter by certified mail, return receipt requested, to the owner of the property to be taken, giving the property owner the following information:\n(1) The amount of compensation for the taking of the property-proposed by the agency, and the basis for computing it.\u201d 735 ILCS 5/7 \u2014 102.1(d)(1) (West 2000).\nPursuant to this requirement, in September of 2000 IDOT sent Tucker correspondence entitled \u201cBASIS FOR COMPUTING TOTAL APPROVED COMPENSATION AND OFFER TO PURCHASE.\u201d In October of 2000 Tucker responded by requesting a copy of the report from IDOT\u2019s appraisal of the land, stating that he needed the appraiser\u2019s information to conduct good-faith negotiation. IDOT declined this request. Tucker accused the agency of violating its duty to negotiate in good faith and advised, \u201cwe [thus] cannot respond to your offer.\u201d\nIDOT then filed a petition for condemnation along with a quick-take motion. Tucker responded by filing a traverse, asserting that IDOT violated its legal duty to negotiate in good faith before exercising eminent domain power. As part of the ensuing discovery proceedings, IDOT produced a copy of its appraisal report.\nPursuant to statute, the circuit court could not transfer title to IDOT in the quick-take proceedings without first determining that: IDOT had authority to exercise the right of eminent domain; the property in question was subject to that right; and IDOT was properly exercising its eminent domain power. 735 ILCS 5/7 \u2014 104(b) (West 2000). The court was also required to \u201cmake a preliminary finding of the amount constituting just compensation.\u201d 735 ILCS 5/7 \u2014 104(c) (West 2000). IDOT\u2019s appraiser suggested $11,800 as preliminary just compensation, while Tucker\u2019s appraiser suggested $56,753. The parties entered into a stipulation whereby Tucker acknowledged that \u201c[p]laintiff has authority to exercise eminent domain,\u201d and IDOT agreed to the amount of just compensation suggested by Tucker\u2019s appraiser.\nOn May 30, 2001, the circuit court entered an \u201cORDER DENYING DEFENDANT\u2019S TRAVERSE AND MOTION TO DISMISS.\u201d The crux of the order reads:\n\u201cThe Court further finds that there has not been a failure of the Plaintiff to negotiate in good faith as required by law, and pursuant to 735 ILCS 5/104(b) finds that the plaintiff has authority to exercise the right of eminent domain, that the property sought to be taken is subject to the exercise of such right, that such right is not being improperly exercised in this proceeding and that reasonable necessity exists for taking the property in the manner requested in Plaintiffs motion.\u201d\nTwo things were combined in this order: a denial of Tucker\u2019s traverse, and the circuit court\u2019s prerequisite findings for a quick-take. The order ended by declaring that, on good cause shown, Tucker\u2019s time for appeal was extended to 30 days after final judgment on IDOT\u2019s condemnation complaint.\nAlso on May 30, 2001, the court entered an order setting preliminary just compensation at $56,753 ($2,235 for the land taken, and $54,518 for damage to the remainder). IDOT deposited that amount with the county treasurer (see 735 ILCS 5/7 \u2014 105 (West 2000)), and on June 28, 2001, the circuit court entered an order vesting IDOT with title to the property. Tucker subsequently withdrew the money. See 735 ILCS 5/7 \u2014 106 (West 2000) (allowing a defendant to withdraw preliminary just compensation on condition that he refund any amount exceeding the sum finally determined as just compensation).\nProceedings then continued on the condemnation complaint. IDOT had the property reappraised by new appraiser and gave Tucker a copy of the report. Tucker deposed the new appraiser in May of 2003.\nAt this time, IDOT was pursuing a separate condemnation complaint against a landowner named Hunziker. As had Tucker, Hunziker requested copies of IDOT\u2019s appraisal reports during the negotiation stage. IDOT denied the request, and Hunziker\u2019s case followed the same procedural path as the instant case \u2014 including a denial of traverse. Hunziker appealed, and a panel of this court reversed the denial of traverse, holding that IDOT could not initiate condemnation proceedings without first giving the landowner copies of reports from any appraisals of the land. Department of Transportation ex rel. People v. Hunziker, 342 Ill. App. 3d 588 (2003). This holding rested on the phrase \u201cand the basis for computing it\u201d in section 7 \u2014 102.1(d)(1) of the Code. Justice Lytton filed a dissenting opinion.\nIDOT petitioned for rehearing asking the Hunziker panel to declare that its opinion applied only prospectively. In a supplemental opinion, the panel announced:\n\u201cOur ruling *** was an issue of first impression whose resolution was not clearly foreshadowed. The rule\u2019s purpose of encouraging voluntary acquisitions of property and discouraging litigation will be promoted by prospective application. Those cases already in litigation cannot benefit from the rule, and applying it retroactively to other cases would only promote litigation and defeat the rule\u2019s purpose.\nAccordingly, we hold that the requirement to supply an appraisal where one has been performed applies only to those eminent domain proceedings commencing after the date of our decision in this case.\u201d Hunziker, 342 Ill. App. 3d at 602.\nThe supplemental opinion was issued on September 10, 2003.\nIn the instant case, a trial on IDOT\u2019s complaint was finally scheduled for April of 2005. However, at a pretrial conference in March of 2005, Tucker advised that he wanted to appeal the denial of his traverse. The matter did not proceed to trial because he filed the instant appeal on April 18, 2005.\nIt is noteworthy that IDOT has already improved the property in question.\nANALYSIS\nTucker argues that Hunziker should be applied retroactively so as to warrant reversal of the circuit court\u2019s order denying his traverse. IDOT argues, inter alia, that Hunziker should not be applied retroactively and that we should revisit the Hunziker opinion. Having revisited Hunziker, we believe it was wrongly decided.\nThe language at issue is codified in section 7 \u2014 102.1(d)(1) of the Code, which reads:\n\u201cAt least 60 days before filing a [condemnation] petition ***, a State agency shall send a letter by certified mail, return receipt requested, to the owner of the property to be taken, giving the property owner the following information:\n(1) The amount of compensation for the taking of the property proposed by the agency, and the basis for computing it.\u201d (Emphasis added.) 735 ILCS 5/7 \u2014 102.1(d)(1) (West 2000).\nDoes this language require IDOT to furnish Tucker with a copy of the report from its appraisal of the land? We think not.\nStatutory construction raises a question of law that we review de novo. Carver v. Sheriff of La Salle County, 203 Ill. 2d 497 (2003). Our role is to ascertain and effectuate the legislature\u2019s intent (Carver, 203 Ill. 2d 497), and our primary guide is the statutory language itself (Garcia v. Nelson, 326 Ill. App. 3d 33 (2001)). If the language is unambiguous, it must be applied as written. Garcia, 326 Ill. App. 3d 33. We may not depart from the plain language of a statute by reading into it exceptions, limitations, or conditions that conflict with the express legislative intent. Barnett v. Zion Park District, 171 Ill. 2d 378 (1996).\nIn the instant case, it is clear that the legislature only required the condemning agency to send the landowner a letter. The plain language of section 7 \u2014 102.1(d)(1) says so. We may not depart from that language by imposing an additional requirement that the agency also send a copy of its appraisal report. Neither is this conclusion changed by the fact that the letter must give \u201cthe basis for computing\u201d the agency\u2019s offer. First, this additional element does not transform the nature of the required mailing (a mere letter). Second, the word \u201cbasis\u201d simply does not mean \u201cappraisal.\u201d They are two separate words, and the legislature only used the former.\nAs Justice Lytton aptly observed in his Hunziker dissent, section 4651 of the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. \u00a7 4651 et seq. (2000)) is quite instructive. That statute reads: \u201cThe head of the Federal agency concerned shall provide the owner of real property to be acquired with a written statement of, and summary of the basis for, the amount he established as just compensation.\u201d 42 U.S.C. \u00a7 4651(3) (2000). In Wise v. United States, 369 F. Supp. 30 (WD. Ky. 1973), the court held that this language did not require the condemning agency to provide a copy of its full appraisal report. Instead the agency was only required to provide a written statement of the basis for its offer, and a summary of that basis. The \u201cwritten statement\u201d language correlates with Illinois\u2019s requirement that a letter be sent.\nCalifornia provides another illustration. In that state, the legislature has required a condemning entity to provide the property owner with \u201ca written statement of, and summary of the basis for, the amount it established as just compensation.\u201d Cal. Gov\u2019t Code \u00a7 7267.2(b) (West 2000). Then the next paragraph of the statute reads: \u201cWhere the property involved is owner occupied residential property and contains no more than four residential units, the homeowner shall, upon request, be allowed to review a copy of the appraisal upon which the offer is based.\u201d Cal. Gov\u2019t Code \u00a7 7267.2(c) (West 2000). The legislature appropriately recognized a distinction between the \u201cbasis\u201d of an offer and an \u201cappraisal\u201d of the property in question.\nThe plain language of the Illinois statute only requires a condemning agency to provide information that would ordinarily be contained in a letter conveying an offer. Examples of such information may include the date of valuation, the total amount proposed as just compensation, the amount to be paid for any temporary easements, the amount to be paid for damage to the landowner\u2019s remaining property, and the highest and best use in light of applicable zoning regulations. Such information does not, however, include the full appraisal report \u2014 which is an entirely separate document. Had the legislature intended IDOT to provide that report, it could have easily so stated. Yet it did not. Cf. Fla. Stat. Ann. \u00a7 73.015(1) (West 2004) (explicitly using the word \u201cappraisal\u201d); Idaho Code Ann. \u00a7 7 \u2014 711A (Michie 2004) (same); Tex. Prop. Code Ann. \u00a7 21.0111(a) (West 2004) (same); Wis. Stat. Ann. \u00a7 32.05(2)(b) (West 2004) (same); N.M. Stat. Ann. 42A \u2014 1\u20144(B) (Michie 2004) (\u201cappraisals\u201d).\nWe appreciate the concerns raised by the Hunziker majority However, such matters do not provide license to depart from plain statutory language. We also note that an agency cannot conceal its appraisal report for purposes of lowballing the landowner, since doing so would breach the statutory obligation of good-faith negotiation. See City of Naperville v. Old Second National Bank of Aurora, 327 Ill. App. 3d 734 (2002).\nCONCLUSION\nBased on our decision that section 7 \u2014 102.1(d)(1) of the Code did not require IDOT to furnish a copy of its appraisal report, we conclude that the circuit court did not err in denying Tucker\u2019s traverse. Accordingly, we affirm the circuit court\u2019s judgment.\nAffirmed.\nSCHMIDT, P.J., concurs.", "type": "majority", "author": "JUSTICE HOLDRIDGE" }, { "text": "JUSTICE McDADE,\nspecially concurring:\nThe majority has affirmed the decision of the circuit court of Hancock County denying defendant traverse. I believe this was the correct decision and, therefore, concur.\nAs acknowledged by the majority, Department of Transportation ex rel. People v. Hunziker, 342 Ill. App. 3d 588 (2003), includes an express instruction that it should not be applied retroactively. Because the present case was already pending when Hunziker was decided, the trial court\u2019s order is consistent with that decision and is correctly affirmed on that basis.\nI write separately because, in a purely gratuitous discussion, the majority has also concluded that Hunziker was wrongly decided. Eminent domain proceedings allow the State to take private property from an unwilling seller, but only for fair compensation. Because of the overbearing nature of the transaction, the State is not entitled to the same right to hold its cards close to its vest as is given to participants in an arm\u2019s-length real estate transaction. Accordingly, the legislature has required that the \u201cbasis\u201d for the State\u2019s offer should be disclosed to the seller. If an appraisal is part of that basis, it too should be disclosed. Accordingly, I do not agree with the majority\u2019s evaluation of Hunziker.", "type": "concurrence", "author": "JUSTICE McDADE," } ], "attorneys": [ "Stanley L. Tucker (argued), of Hartzell, Glidden, Tucker & Hartzell, of Carthage, for appellant Stanley L. Tucker.", "Lisa Madigan, Attorney General, of Chicago (Gary E. Barnhart (argued) and Matthew A. Hutmacher, Special Assistant Attorneys General, and Michael J. Luke, Assistant Attorney General, of counsel), for appellee." ], "corrections": "", "head_matter": "THE DEPARTMENT OF TRANSPORTATION, Plaintiff-Appellee, v. STANLEY L. TUCKER, as Trustee, et al., Defendants-Appellants.\nThird District\nNo. 3-05-0277\nOpinion filed June 13, 2006.\nMcDADE, J., specially concurring.\nStanley L. Tucker (argued), of Hartzell, Glidden, Tucker & Hartzell, of Carthage, for appellant Stanley L. Tucker.\nLisa Madigan, Attorney General, of Chicago (Gary E. Barnhart (argued) and Matthew A. Hutmacher, Special Assistant Attorneys General, and Michael J. Luke, Assistant Attorney General, of counsel), for appellee." }, "file_name": "0739-01", "first_page_order": 757, "last_page_order": 763 }