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Trespassing charges filed in demolition at airport site
March 21, 2007
8:12 AM
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Two employees of Hanson Professional Services Inc., a Springfield-based subcontractor that demolished homes in the footprint of a proposed south suburban airport for the Illinois Department of Transportation, have been charged with two misdemeanors each in connection with the December project.

Sixty-two-year-old Roc Van Guilder, a property manager for Hanson, and his 34-year-old son, Lee Van Guilder, both of Lowell, Ind., were charged Monday in Will County court with criminal damage to property and criminal trespass to property, Will County state's attorney's spokesman Charles Pelkie said.

Both Van Guilders are scheduled to appear in Will County court April 18 for a hearing on the charges, Pelkie said.

The criminal damage to property charge is a Class A misdemeanor which is, upon conviction, punishable by up to a year in jail, a $2,500 fine and/or two years of probation or discharge, Pelkie said.

The criminal trespass to property charge is a Class B misdemeanor which is, upon conviction, punishable by up to six months in jail, a $1,500 fine and/or two years of probation or discharge, Pelkie said.

The charges stem from the IDOT project that began Dec. 1, when Hanson, which IDOT hired to manage land in the inaugural footprint of the proposed airport in unincorporated Will County near Peotone, began to demolish 14 structures that lie within the footprint.

The Van Guilders are accused of allowing heavy equipment to cross private property at 2865 W. Eagle Lake Road in Beecher after receiving notice that such entry was forbidden by property owner Mark Baugh and damaging a farm field belonging to Baugh, Pelkie said.

On Dec. 1, Baugh woke to find construction equipment making its way across one of his farm fields, according to a police report filed in December with the Will County Sheriff's Department.

Baugh spoke with a representative of Hanson Professional Services Inc. who said the subcontractor tried to contact the homeowner twice without success, Will County Sheriff's Department representative Pat Barry said.

The representative told Baugh the subcontractor thought it would be OK to cross Baugh's property since they had worked together in the past, Barry said.

The contractor's representative said they would not do it again and would call Baugh to apologize and make any restitution, Barry said. When IDOT learned of the incident, it issued a letter of apology to Baugh, an official no longer with the agency said in December.

After reviewing the police report, Will County State's Attorney James Glasgow originally declined to file charges, unsure if the actions rose to the level of a misdemeanor, Pelkie said.

But after Glasgow had an opportunity to speak with the property owner, additional witnesses and get a lay of the land, the state's attorney changed his mind, based on his personal observations and reports from follow-up investigations, Pelkie said. The contractor was aware of what IDOT owns and needed to respect the rights of the other property owners, he said.

"IDOT has delineated the property it owns out there, and it's clearly identified through signs," Pelkie said. "Private property owners are owed the same level of consideration that IDOT expects in regards to property rights.

"It took time to file the charges. The state's attorney wanted to be sure he was on solid footing with the individuals responsible and make sure the people who caused the damage were the ones charged in this case."

The homes slated for demolition were said to be unsafe and have structural deficiencies, IDOT officials said, citing damage to drywall, leaking or missing roofs, improper insulation, improper heating and ventilation, and plumbing problems.

IDOT has asked Hanson to provide other personnel to work on any related projects until the case against the Van Guilders is resolved, agency spokesman Mike Claffey said. The demolition project was completed in December, he said.

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