In this case, the owner of real property filed a cause of action for inverse condemnation against a quasi-governmental entity. However, the Court determined that the entity had already acquired a prescriptive flood easement over the property due to the inaction of the previous owner. Further, the Court found that a prescriptive easement is a granting, and is neither an actual taking nor a regulatory taking, and compensation is not required. Therefore, the Court dismissed the cause of action. Kaskaskia Land Co., LLC v. Vandalia Levee and Drainage District.
Illinois Inverse Condemnation Case Dismissed Where Easement Already Granted