Don't assume the government's offer is fair or correct

Do not take the appraisal on faith

An appraisal is only as sound as the facts and assumptions behind it. It may use an inaccurate property description, overlook a legally supportable use, rely on sales that are not truly comparable, or assume that access, parking, or operations will remain unchanged after a partial taking. Some disagreements are about facts; others are about which effects the law allows an owner to recover. Either way, the offer deserves a careful review before you sign.

The first offer is not the last word

Even the Illinois Department of Transportation's landowner guide says its purchase offer is not inflexible and that the agency may consider a well-supported counteroffer. Illinois law measures fair cash market value by what a willing buyer would pay a willing seller in a voluntary transaction. Those standards leave room to examine whether the agency has the right picture of your property.

Our representative results show why that review can matter. In one McHenry vacant commercial land matter, an initial $644,500 offer led to a $1,100,000 settlement. In a Bloomingdale mixed-use shopping center matter, an initial $113,000 offer led to a $350,000 settlement.

Get the offer reviewed before you respond

Ask what property interest the agency wants and what information supports its valuation. Gather the offer, appraisal or valuation summary, survey, project plans, leases, and records showing how the property is used. Experienced eminent domain counsel can examine the assumptions, identify issues worth investigating, and help decide whether additional valuation work is needed.