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Aurora Beacon-News
July 30, 2002

Outer belt decision coming Wednesday

Opposition lawsuit: Sprawlway group says they'll go to court to fight state plan

By Dave Parro
STAFF WRITER

YORKVILLE ó Decision day for final alignment of the Prairie Parkway has been set for Wednesday, but the state's battle to record a highway corridor for future use might just be getting started.

The Illinois Department of Transportation has scheduled a press conference for 10:30 a.m. Wednesday at the Beecher Community Building in Yorkville to reveal the revised corridor for the proposed 33-mile outer-belt highway connecting Interstates 88 and 80. Though no further details were made available by IDOT officials, they said the state's decision will be officially recorded later in the day.

Opponents of the highway said they will respond by filing a lawsuit against the state once the decision is recorded, arguing against the constitutionality of corridor protection. They claim the process unlawfully ties up land without compensation.

"The organization won't be filing a suit, it'll be the landowners," said Jan Strasma, spokesman for Citizens Against the Sprawlway. "We'll invite all the affected landowners to join in."

The lawsuit won't be immediately filed because at least some of the landowners in Kane and Kendall counties affected by the first proposed alignment will likely change. Strasma said his group will meet with new landowners once the names are made public to ask for volunteers to represent all objecting residents in court.

Lawsuit expected


IDOT's original plans, unveiled at a Dec. 10 public hearing, called for protection of a 400-foot strip of land through 191 parcels of property in Kane, Kendall and Grundy counties. The state's review of more than 1,600 comments submitted during a 60-day public comment period could have caused changes in that original alignment, which cut between Big Rock and Sugar Grove before heading south between Yorkville and Plano.

Dick Adorjan, IDOT's Springfield spokesman, said the changes will not warrant another public hearing and comment period. In the past, IDOT officials have said significant changes in the outer belt's alignment could, by law, force the state to collect more input.

Adorjan would not say Monday whether the lack of need for additional public comment means the changes are relatively minor.

IDOT defends corridor protection, saying the state's authority to protect land against future use is clearly spelled out in law. Adorjan said a lawsuit would only cost taxpayers more money in litigation fees and delay the project, driving up the cost through inflation.

"In our business, everybody and their brother ends up filing suit about every infrastructure project that they don't like," said Adorjan, who added that eight states now use a corridor protection process.

Affecting property rights


Opponents of the Prairie Parkway argue corridor protection strips landowners of their rights because the state's intent to build on their property gets attached to their deeds, making it impossible for them to sell or build in the 10 to 15 years before construction of the road.

"They say it's not a 'taking,' but it does affect the property rights of the owner without compensation," Strasma said.

The landowners will be represented pro bono by a St. Charles attorney, and all initial court costs will be paid for by Citizens Against the Sprawlway. Strasma said the suit will be filed no matter where the road gets aligned.

A Record of Decision and all the corresponding maps will be made available for review Wednesday during the press conference, which will be held by Illinois Transportation Secretary Kirk Brown and Ottawa District Engineer James Jereb.

For residents who have lived for months with the uncertainty of whether they will lose their land, IDOT's announcement comes with mixed emotions. While they would rather IDOT not make a decision, they are also eager to fight for their rural way of life.

"It's just tough wondering whether your home will be your home in a few years," said Big Rock resident Tracy Dettman. "(But) I want them to go ahead and do it, so we can take some action against it."