Is Lien Is Enforceable If Installation of Power Lines Improve the Land or Benefit the Landowner ?
In L.J. Keefe Co. v. Chicago & Northwestern Transportation Co., 287 Ill. App. 3d 119, 678 N.E.2d 41, 222 Ill. Dec. 634 (1997), the owner of the land underlying railway tracks granted a license to Commonwealth Edison Company to install power lines on its land.
The plaintiff was retained to perform tunneling work to allow the installation of steel casing and pipe grouting for Commonwealth Edison Company and attempted to enforce a lien against the owner of the land underlying the railway tracks.
The court held that no lien was enforceable against the owner of the land when a subcontractor constructs or installs apparatus for a contractor's sole benefit and the work does not improve the land or benefit the landowner. L.J. Keefe Co., 287 Ill. App. 3d at 122.
The court held that there was no contract to improve the land. L.J. Keefe Co., 287 Ill. App. 3d at 122.
Rather, Commonwealth Edison Company had been granted a license to construct an apparatus for its own benefit, not for the benefit of the landowner. L.J. Keefe Co., 287 Ill. App. 3d at 122.
The subcontractor's work was performed solely for the benefit of Commonwealth Edison Company and did not benefit the land or the landowner in any way. L.J. Keefe Co., 287 Ill. App. 3d at 122.