Legal Question in Constitutional Law in Illinois

Extending powers to others greater than you have yourself.

I would like to know if there is any precedent for a State extending to a non-elected or elected entity powers greater than the State has itself.

More specifically, under the Eminent Domain powers of the State of Illinois, there are certain specific procedures that must be followed before personal real estate can be condemned for public use. Is it legal for the State to extend such condemnation powers to a lesser legal entity over personal and business real estate outside the legal geographic boundries of this 3rd party entity , without also requiring that the lesser entity follow the Eminent Domain procedures required of the State itself?


Asked on 5/31/03, 10:28 am

1 Answer from Attorneys

Kenneth J. Ashman Ashman Law Offices, LLC

Re: Extending powers to others greater than you have yourself.

Any interesting issue; however, it is very difficult to answer in this forum, for two reasons:

First, in attempting generalize the facts, you lose a little detail. Therefore, one would need to know more specifically what "lesser entity" you are referring to and what its otherwise geographic limitations are. Also needed would be to know what policies and procedures this lesser known entity is ignoring.

Second, this is not a common question where someone would know the "answer" off the top of one's head. Stated simply, it would take legal research to understand the issue, its ramifications and offer advise with respect to it.

-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]

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Answered on 6/02/03, 1:27 pm


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