October 08, 2002

The U.S. Supreme Court this week refused to grant certiorari in SWIDA v. National City Environmental and thereby let stand a nationally-watched Illinois Supreme Court condemnation ruling. At stake, was whether Illinois’ “quick take” eminent domain statute may allow state-created bodies to condemn private property and to transfer it immediately to another private landowner on the theory that the second landowner will use the land in a more profitable manner. The Illinois Supreme Court’s ruling issued earlier this year in SWIDA represents a major victory for private landowners in Illinois, as a contrary ruling would have greatly expanded the ability of governmental agencies to condemn private property here. Litigating the case successfully on behalf of a family-owned recycling center and against the condemning authority, were Jenner & Block Chairman Jerold S. Solovy and Appellate and Supreme Court Practice Group Co-Chair Barry Levenstam with associates Jeremy Taylor, Jessie Liu, and Stephen P. Baker.