(DOWNLOAD) "Sass v. Kramer" by Supreme Court of Illinois * eBook PDF Kindle ePub Free
eBook details
- Title: Sass v. Kramer
- Author : Supreme Court of Illinois
- Release Date : January 06, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Plaintiff, Walter F. Sass, filed an action in the circuit court of Kane County against the defendant, John Kramer, Secretary, Department of Transportation, State of Illinois (Department), to quiet title to and for a writ of possession of land over which the People of the State of Illinois had acquired an easement for a public highway by virtue of a dedication dated August 10, 1932, and executed by plaintiff's predecessors in title. The State had paid the then owners of the fee title to the property the sum of $6,500 for the easement, and a highway bypass for U.S. Route 20 and Illinois Route 47 was constructed on part of the easement. Later, the Department determined to realign the intersection and the bypass was no longer used. In 1974, plaintiff indicated to the Department that he would like to acquire the State's interest in the unused easement. When the terms of the transfer could not be agreed upon, plaintiff contacted his representative in the General Assembly. A bill was introduced and enacted by the General Assembly (Pub. Act 79-1020), providing for the release of the State's easement upon payment of the fair appraised value of the State's interest. The Department had the property appraised and notified plaintiff, who refused to pay the appraised price. In September 1976 plaintiff filed this action. The circuit court of Kane County held Public Act 79-1020 unconstitutional and entered an order quieting title in plaintiff, extinguished the rights of the People of the State Illinois in the easement, and issued a writ of possession in favor of plaintiff. The appeal came directly to this court under our Rule 302(a) (58 Ill.2d R. 302(a)), because of the trial court's holding that the statute (Pub. Act 79-1020) was unconstitutional.