Any hopes in fighting IDOT ? (Elgin: real estate market, HOA, houses) - Chicago Suburbs - Illinois (IL) - City-Data Forum

tcs1366 · 03-13-2009, 12:05 PM

To make a long story short... I was wondering if there is anyway to stop IDOT from "taking" [eminent domain thing] homes within our subdivision for this Elgin -Ohare expansion they are planning.

From what we understand -- and Ive only heard it second hand... is that IDOT is going to be changing the configuration of an off ramp, and will demolish 3 homes in our subdivision to accomplish this.

Do we have a leg to stand on... so to speak?

Any info would be great,

tcs

linicx · 03-13-2009, 01:59 PM

Probably not becayse the state has the right to take land - and pay a market value price for it - for the purpose of GOOD

The only argument I can personally make, is a question. Will the improvement DO more HARM good?

Considerering, the depressed real estate market, will this improvement negatively impact the current market value of the houses in your sub? Will children cross his particular intersection? Will the traffic count increase significantly with the proposed change? Wll the proposed change alter signiciantly the traffic to, or the access route to, the nearest trauma unit? How about fire and police? Is the change lilely to affect the traffic flow around your schools?. Will the current acceptible noise level increase substantially? Are their any nearby exit points that would impact the general area less and accomplish the same goal?

You need the entire subdivision to get on board and hire an engineer. But before you do, please verifiy this rumor is in deed a fact. My engineer charges $300 per hour.

tcs1366 · 03-13-2009, 05:46 PM

Thanks for your reply. We [the HOA] is trying to see if we can view the "proposal" changes to see how it will effect us. By viewing an aerial view on Google Earth, I honestly can not see how they are going to do this, without effecting other homes [though we have heard it will only effect 3] and without possibly closing our road, which, YES will effect us terribly.

We will be looking into this fully -- i was just wondering if there is even a chance of having them make different changes, so we are not effected.... for the "greater good".

Avengerfire · 03-14-2009, 01:25 AM

Hmmm the greater good of tens if not hundreds of thousands of people or the occupants of three homes.

You lose whether you like it or not.

tcs1366 · 03-14-2009, 07:51 AM

From what i've heard, since i started this post... the loss of the 3 homes is only ONE of the options they have. So, there may be hope.

It's not that the road it's self will be taking out the homes... it has something to do with reconfiguring an off ramp.

We still have a lot of research to do .... I'd just like to see a "map" of their plans.... then it may all make sense.

On of the sad things is... these homes are only 4-6 yrs old.

sgresident · 03-14-2009, 01:38 PM

be sure to stay on top of things. when they have the public meetings, and displays etc. be sure to go and voice opinions. the more people that go, the better. also, if your HOA has a unified position, you should have the HOA submit a legal position as well, and make sure that you want it filed for the public record. IDOT will take comments into consideration, and perhaps modify the layout etc. There are no guarantees though.

tcs1366 · 03-14-2009, 07:59 PM

thanks SG.

woodworkingmenace · 03-14-2009, 10:11 PM

When the Federal Government declared that the State or it seems anyone who wants to take your property by eminent domain, because they want to expand thier business even, your screwed every which way including Sundays!

You know your not going to be compensated enough to buy another house, (and if this one is paid for, all you can do is scream to high heaven and hate the Government for what it is, incompetent!).

Sorry, you have no recourse...
Going to Court will only be tossing good money after bad, and unless the Engineers decide to do it a different way, your stuck with the bills regarding Court fees and legal fees, and they still will do it what ever way they decide is prudent for them.

May the LORD Bless each of you.

I wish you well...

Jesse

tcs1366 · 03-15-2009, 11:25 AM

Thanks jesse....

I have to say... i'm glad i am at the other end of the subdivision ... and it wont effect me as much... unless our home values drop even more due to the off ramp being so close... but -- it was already here when these home were built [one reason we are at the south end] So - those home buyers did know the highway would always be an issue.... BUT i'm sure they didnt think the road would get closer, even to the point they lose their home over it.

The Pres of the HOA -- i think wants to legally fight this... but I'm not willing to do so [I'm on the Board too] , as i know it will be a losing battle... they are going to do what they plan to do... because they can.

I think if we are able to see all the proposed plans ... maybe we can sway them into a different option.

IT all boils down to how this will effect our subdivision as a whole.

sgresident · 03-15-2009, 06:53 PM

tcs, I really think if you present a united front on your opinions, they will take things into consideration. they may not change things a lot, but could modify them. you should also work to get your municipality/township/whatever, to back you up. when they did the prairie parkway hearings out here, they had tons of input and did modify the original plans.(somewhat)