After years of dealing with willing sellers and absentee owners to
buy land for a proposed airport near Peotone, the state of Illinois is
preparing legal action to force unwilling homeowners to sell, even
though it's still an open question whether the project ever will get off
the ground.
Decades after it was first envisioned, the South Suburban Airport is a top priority for Gov. Pat Quinn and supporters who view it as an economic engine for the area.
But
the project still lacks final approval from the Federal Aviation
Administration, and experts recently solicited by the Quinn
administration raised serious questions about the state's plan, saying
it needs a
longer runway to attract cargo carriers. It also has
become an issue in the governor's race, with GOP challenger Bruce Rauner
saying he's skeptical a new airport even is needed.
Having
spent almost $86 million since 2001, the state still must buy more than
a third of the 5,800 acres needed for a basic one-runway facility,
which it hopes to expand someday to 20,000 acres. The state previously
has focused on willing sellers, filing just 17 condemnation cases
involving mostly absentee landowners or sellers who were looking for a
better price.
The state has 11 pending condemnation cases and is
preparing 13 more for filing, according to a Sept. 2 summary by the
Department of Transportation, obtained by Crain's.
“Most folks
would rather see an airport approved before they begin negotiations to
sell property,” says Stephen Viz, an eminent domain attorney at Chicago
law firm Figliulo & Silverman PC who has several clients in the
Peotone area. “What happens if it isn't built?” If Mr. Rauner wins, “you
don't know what a new administration's priorities are going to be.”
'BEYOND IMAGINATION'
The FAA doesn't require the state to buy the land before the
airport is approved, but here's the problem: With federal funds scarce
and Illinois finances up against a wall, the state needs private-sector
financing of some sort. However, investors won't pay serious attention
to the project until all or most of the land has been acquired.
“It's
beyond imagination that a private developer would have the patience to
wait out a land-acquisition process that could take years,” says Joseph
Schwieterman, a transportation expert and director of DePaul
University's Chaddick Institute for Metropolitan Development.
For some sellers, a condemnation proceeding was the best way to clear
up ownership and boundary questions, given that homes and farms in the
area have been handed down for several generations.
Now it's the only way left for the state to acquire land from those who don't want the airport and who just don't want to sell.
“Our intention is to fight it tooth and nail,” says Judy Ogalla, a longtime opponent
of the airport project and a Republican member of the Will County
board. She and her husband, Robert, have lived for 28 years on a
160-acre, family-owned farm that sits less than a mile west of where the
9,500-foot runway would go. “There's kind of a burned-out feeling, but
people are still opposed.”
Opponents' hopes of fighting off
condemnation may rest on the argument that the state can't acquire
property because the FAA hasn't approved the plan. But one Will County
judge already has rejected that contention in a case involving investor-owned farmland.
PHOTO OP
That client chose not to appeal, according to his lawyer, Bill
Ryan of Rosemont law firm Ryan & Ryan. But Mr. Ryan plans to raise
the issue again in two other pending cases, arguing this time on
constitutional grounds that the state can't condemn property until it's
necessary for a project.
The governor held a photo opportunity
last month at Bult Field, which the state purchased for $34 million
after reaching an agreement with the owner, a wealthy local aviation
enthusiast. The 288-acre private airstrip is within the proposed
airport's initial boundaries.
On Sept. 23, IDOT officials are making a public presentation and holding private meetings
with investors, airport developers and others to gather ideas on
public-private partnerships or other alternatives to taxpayer funding.
An IDOT spokesman declines to identify the participants but says they
include “some firms that are internationally known.”
“We're going
to participate in the process, having spent six years in the process
already,” says David Sigman, executive vice president of LCOR Inc., a
real estate developer in Berwyn, Pennsylvania.
A single runway
and associated facilities would cost nearly $400 million, not counting
the cost of land, according to a rough estimate by Mr. Sigman.
LCOR backed the airport plan of former Rep. Jesse Jackson Jr., D-Chicago, who almost singlehandedly pushed the idea for many years and feuded
with Will County. The state took control of the project last year,
around the time Mr. Jackson went to prison for misuse of campaign funds.
It remains to be seen whether other investors are ready to put money into the plan.
Airport privatization expert Robert Poole,
director of transportation policy at the Reason Foundation, a
free-market think tank in Los Angeles, says “Peotone never came up” at
two airport industry conferences on public-private partnerships he has
attended in the past two years. “A number of potential projects were
talked about—overseas, San Juan—but not a word about Peotone.”
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