300.10. Issues Made by Complaint-Fee Interest Taken-No Damage to Remainder Claimed
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300.10 Issues Made by Complaint--Fee Interest Taken--No Damage to Remainder Claimed This is a proceeding in which the plaintiff, [name of plaintiff, e.g., Department of Transportation of the State of Illinois], has filed a complaint to take certain property of the defendant by exercising the power of eminent domain. Eminent domain is the power given by law to a [public body] [public service company] to take private property for a public use. The constitution of the State of Illinois provides that private property shall not be taken or damaged for public use without just compensation. You are to decide the amount of just compensation to be paid the defendant for the property which [will be] [has been] taken. You must not concern yourselves with the right of plaintiff to take the property or the need for the property or the wisdom of locating the proposed public use on defendant's property. 1