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Bloomington-Normal, Illinois
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| NewsWednesday, June 28, 2006 11:33 PM CDT |
No appeal made in Normal eminent domain case
NORMAL -- Motorists should be driving on a new four-lane Hershey Road and able to turn onto Shepard Road by fall 2007. Elmer Schaefer and his family decided not to appeal a decision by the Fourth District Appellate Court upholding an August McLean County Circuit Court ruling in an eminent domain case. The courts said the town of Normal could take property it needed for the road project from the Schaefers. “What this means is we can finally after years of delay move forward with the project,” said City Manager Mark Peterson. Hershey Road will be widened to four lanes with curbs and gutters from Fort Jesse Road to just past Shepard Road, and a new intersection will be built at Hershey and Shepard. The project has been designed but work could not start until all the necessary land had been acquired, including about 2 acres of the Schaefer property at 1438 Hershey Road. The town needs some of the land temporarily and some permanently. After a McLean County Circuit Court judge ruled in favor of the town in August, town officials agreed to pay the Schaefers $99,500 for the property. The family appealed to the appellate court, arguing the town should not be able to take the land because the road project was started before the town approached the family about needing the land. “The town made an agreement with the developers well before they even approached us for land for the intersection,” said Elmer Schaefer. But the appellate justices said the road project was part of a large city plan to improve the roadways, and testimony by Peterson showed “the plan was not arbitrary and did not exceed the bounds of reason.” An appeal had to be filed by June 21 but it wasn’t, so the appellate court ruling became official Wednesday. Elmer Schaefer said the family decided not to appeal to the Illinois Supreme Court because there was only a 1-in-10 chance that the high court would even hear the case. “We can’t compete with the millionaire’s social club of the town of Normal,” Schaefer said. Peterson said plans for the road project need to be updated and approved by the Illinois Department of Transportation and power poles relocated before the work can begin. Bids are expected to be let this winter so work can start in early spring. The town has budgeted $1.3 million for the project. When the project is completed, Shepard Road will be connected to Hershey Road, giving drivers another access point to retailers in the area. |
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