CAA: GA News, "Illinois court decision allows airport expansion"

["Stephen Irwin" <stepheni@xxxxxxxxx>]

Tuesday, January 15, 2002

Court decision allows airport expansion
By Becky Malkovich
The Benton (IL) Evening News


Benton City Attorney Rebecca Whittington won her case in court this
morning with little -- actually, no -- opposition.

In fact, neither the defendants nor their attorney showed up at the
trial this morning.

The Eminent Domain case brought about by the city on behalf of the
Benton Municipal Airport asked for a strip of land and an avigation
easement on property owned by Kenneth and Leora Price of West City.

Both Judge Kyle Vantrease and Whittington said before the start of the
trial that they had been notified by the Prices' attorney Curtis Barnes
that no defense would be presented.

"He (Barnes) called my office and left a message that he did not intend
to appear in court this morning," Whittington told the Judge. "He said
that "the Prices sold their property and it's not their problem
anymore.'"

The bench trial was conducted despite the unusual circumstance. 

The land in question borders the southern end of the airport's
north-south runway and testimony given today showed that the land and
easement are necessary for the airport to go forward with its planned
expansion.

Michael J. Wyant, chairman of the airport's board, testified that the
land and easement acquisition was required by both the FAA and the
Illinois Department of Transportation's Division of Aeronautics before
the airport could continue with the expansion plans.

Wyant said the runway will increase in length from its current 2,720
feet to 4,000 feet. The increase will allow for larger aircraft to
operate at the airport.

The city filed condemnation on the Price property on Sept. 13, 2000, in
an effort to gain the land through Eminent Domain.

Glenn Grosse, a real estate appraiser, testified that he gave a value of
$8,000 to the actual land involved and $3,200 for the avigation
easement.

Whittington said that even though the Prices have sold their land, the
law "clearly states that the market value is determined on the date of
filing to condemn, even if the market value has substantially changed
between the date of filing and the date of trial."

After hearing testimony, Judge Vantrease ruled that the land and
easement be granted to the city through Eminent Domain.

Wyant said the Judge's ruling will allow the airport to meet the
timeframe established for the runway expansion project and allow it to
continue.


   Post your opinion on this story in the CAA General Aviation Forum
http://www.californiaaviation.org/cgi-bin/dcforum/dcboard.cgi?conf=DCConfID2

*****************************************