|
"Proposed
3d Airport Needs Bar's Attention"
By Barry A. Springer
Chicago Daily Law Bulletin, 1992: June 5
The sheer size, scope, cost and complexity of the
proposed third airport in the Lake Calumet region will
present an unprecedented set of challenges for the city,
state and federal governments.
If and when the airport clears the necessary legislative,
environmental and financial hurdles, another challenge must
be met--one involving the legal community and court system.
An estimated 8,500 residential parcels and 137 businesses will be
affected if development proceeds, according to recent plans,
making the airport one of the most sweeping and
controversial public works projects in Chicago history. In
recent times, only the development of the University of
Illinois at Chicago can approach the wide-range, long-term
potential impact of the Lake Calumet airport.
Through the power of eminent domain, the government may begin
acquisition of private property in the next few years to
assemble the needed land. By their very numbers, the
condemnation proceedings could create a significant backlog
in Cook County Circuit Court, putting strains on an already
overburdened system.
Processing a condemnation complaint and summons for each party
affected by the proposed airport certainly would tax the
Cook County sheriff's department and Circuit Court.
Consider that impact if a significant number of affected homeowners
and businesses exercise their right to challenge the taking
of property or request a jury to set compensation. It is
conceivable that mammoth delays would result, not only in
the courts, but in construction of the airport itself.
Naturally, that would increase the cost of a public works
project already estimated in the billions.
In the interest of protecting landowners' rights while assuring
that condemnation matters are handled expeditiously, the
legal community--through the local or state bar--should
begin planning how to handle promptly the legal issues
related to the expected condemnation proceedings.
Following are measures the legal community should consider in the
months to come:
-
Establish an
inter-bar task force. The proposed airport involves land
within two states, two counties, four municipalities and
dozens of taxing bodies. A task force of representatives
from various city, county and state bar associations and
governmental agencies might be formed to map out initial
recommended procedures to ensure orderly condemnation
proceedings.
-
Educate the public.
Understandably, the announcement of the Lake Calumet
airport has caused a great deal of consternation among
homeowners and businesses in the affected area. To
alleviate fears and uncertainty, the bar task force
might consider instituting a means of informing property
owners of their legal options through a central
information clearinghouse, a telephone hotline and
community education forums.
-
Open a local legal
assistance office. Many property owners in the Lake
Calumet area may feel uncomfortable or lack the means to
travel downtown to consult with attorneys regarding the
acquisition of their property. A temporary "field
office" might be set up to accommodate consultations
between property owners and attorneys.
-
Establish a special
condemnation court. To help process condemnation
proceedings, a special Circuit Court branch might be
considered. This branch might be set up downtown or in
the 6th Municipal District courthouse in south suburban
Markham.
Although the proposed
Lake Calumet airport remains just that--it still needs
formal local, state, and federal approval--its pending
development should not be taken lightly in terms of
ramifications on the Circuit Court. Outreach efforts to
reduce delays and educate the public are tangible programs
that can make a difference.
Proactive steps initiated now by the local bar will not only ease
what is sure to result in a monumental crunch in the courts
but it will send a message to the public that the legal
community is concerned.
|
