Jurisdiction, ICC question ends eminent-domain dispute

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted November 27, 2018 3:20 PM

In what looked like a routine exercise of subject-matter jurisdiction under the Illinois Constitution, a judge in Edgar County ruled that Section 8-406.1 of the Public Utilities Act is unconstitutional because it did not provide a group of landowners with notice before the Illinois Commerce Commission issued the certificate of public convenience and necessity that Ameren Transmission Company of Illinois, or ATXI, needed to justify 35 eminent domain complaints demanding land for a 375-mile high-voltage line, but the …

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