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90_HB0799
735 ILCS 5/7-103 from Ch. 110, par. 7-103
Amends the Eminent Domain Article of the Code of Civil
Procedure. Gives quick-take powers to municipalities and
counties for road improvement purposes. Effective
immediately.
LRB9003619WHmg
LRB9003619WHmg
1 AN ACT to amend the Code of Civil Procedure by changing
2 Section 7-103.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Civil Procedure is amended by
6 changing Section 7-103 as follows:
7 (735 ILCS 5/7-103) (from Ch. 110, par. 7-103)
8 (Text of Section before amendment by P.A. 89-683)
9 Sec. 7-103. "Quick-take". This Section applies only to
10 proceedings under this Article:
11 (1) by the State of Illinois, the Illinois Toll
12 Highway Authority or the St. Louis Metropolitan Area
13 Airport Authority for the acquisition of land or
14 interests therein for highway purposes;
15 (2) (blank);
16 (3) by the Department of Commerce and Community
17 Affairs for the purpose specified in the Illinois Coal
18 Development Bond Act;
19 (4) (blank);
20 (5) for the purpose specified in the St. Louis
21 Metropolitan Area Airport Authority Act;
22 (6) for a period of 24 months after May 24, 1996,
23 by the Southwestern Illinois Development Authority
24 pursuant to the Southwestern Illinois Development
25 Authority Act;
26 (7) for a period of 3 years after December 30,
27 1987, by the Quad Cities Regional Economic Development
28 Authority (except for the acquisition of land or
29 interests therein that is farmland, or upon which is
30 situated a farm dwelling and appurtenant structures, or
31 upon which is situated a residence, or which is wholly
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1 within an area that is zoned for residential use)
2 pursuant to the Quad Cities Regional Economic Development
3 Authority Act;
4 (8) by a sanitary district created under the
5 Metropolitan Water Reclamation District Act for the
6 acquisition of land or interests therein for purposes
7 specified in that Act;
8 (9) by a rail carrier within the time limitations
9 and subject to the terms and conditions set forth in
10 Section 18c-7501 of the Illinois Vehicle Code;
11 (10) for a period of 18 months after January 26,
12 1987, for the purpose specified in Division 135 of
13 Article 11 of the Illinois Municipal Code, by a
14 commission created under Section 2 of the Water
15 Commission Act of 1985;
16 (11) by a village containing a population of less
17 than 15,000 for the purpose of acquiring property to be
18 used for a refuse derived fuel system designed to
19 generate steam and electricity, and for industrial
20 development that will utilize such steam and electricity,
21 pursuant to Section 11-19-10 of the Illinois Municipal
22 Code;
23 (12) after receiving the prior approval of the City
24 Council, by a municipality having a population of more
25 than 500,000 for the purposes set forth in Section
26 11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
27 Illinois Municipal Code, and for the same purposes when
28 established pursuant to home rule powers;
29 (13) by a home rule municipality, after a public
30 hearing held by the corporate authorities or by a
31 committee of the corporate authorities and after approval
32 by a majority of the corporate authorities, within an
33 area designated as an enterprise zone by the municipality
34 under the Illinois Enterprise Zone Act;
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1 (14) by the Illinois Sports Facilities Authority
2 for the purpose specified in Section 12 of the Illinois
3 Sports Facilities Authority Act;
4 (15) by a municipality having a population of more
5 than 2,000,000 for the purpose of acquiring the property
6 described in Section 3 of the Sports Stadium Act;
7 (16) for a period of 18 months after July 29, 1986,
8 in any proceeding by the Board of Trustees of the
9 University of Illinois for the acquisition of land in
10 Champaign County or interests therein as a site for a
11 building or for any educational purpose;
12 (17) for a period of 2 years after July 1, 1990, by
13 a home rule municipality and a county board, upon
14 approval of a majority of the corporate authorities of
15 both the county board and the municipality, within an
16 area designated as an enterprise zone by the municipality
17 and the county board through an intergovernmental
18 agreement under the Illinois Enterprise Zone Act, when
19 the purpose of the condemnation proceeding is to acquire
20 land for the construction of an industrial harbor port,
21 and when the total amount of land to be acquired for that
22 purpose is less than 75 acres and is adjacent to the
23 Illinois River;
24 (18) by an airport authority located solely within
25 the boundaries of Madison County, Illinois, and which is
26 organized pursuant to the provisions of the Airport
27 Authorities Act, (i) for the acquisition of 160 acres, or
28 less, of land or interests therein for the purposes
29 specified in that Act which may be necessary to extend,
30 mark, and light runway 11/29 for a distance of 1600 feet
31 in length by 100 feet in width with parallel taxiway, to
32 relocate and mark County Highway 19, Madison County,
33 known as Moreland Road, to relocate the instrument
34 landing system including the approach lighting system and
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1 to construct associated drainage, fencing and seeding
2 required for the foregoing project and (ii) for a period
3 of 6 months after December 28, 1989, for the acquisition
4 of 75 acres, or less, of land or interests therein for
5 the purposes specified in that Act which may be necessary
6 to extend, mark and light the south end of runway 17/35
7 at such airport;
8 (19) by any unit of local government for a
9 permanent easement for the purpose of maintaining,
10 dredging or cleaning the Little Calumet River;
11 (20) by any unit of local government for a
12 permanent easement for the purpose of maintaining,
13 dredging or cleaning the Salt Creek in DuPage County;
14 (21) by St. Clair County, Illinois, for the
15 development of a joint use facility at Scott Air Force
16 Base;
17 (22) by the Village of Summit, Illinois, to acquire
18 land for a waste to energy plant;
19 (23) for a period of 15 months after September 7,
20 1990, by the Department of Transportation or by any unit
21 of local government under the terms of an
22 intergovernmental cooperation agreement between the
23 Department of Transportation and the unit of local
24 government for the purpose of developing aviation
25 facilities in and around Chanute Air Force Base in
26 Champaign County, Illinois;
27 (24) for a period of 1 year after December 12,
28 1990, by the City of Morris for the development of the
29 Morris Municipal Airport;
30 (25) for a period of 1 year after June 19, 1991, by
31 the Greater Rockford Airport Authority for airport
32 expansion purposes;
33 (26) for a period of 24 months after June 30, 1991,
34 by the City of Aurora for completion of an instrument
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1 landing system and construction of an east-west runway at
2 the Aurora Municipal Airport;
3 (27) for the acquisition by the Metropolitan Pier
4 and Exposition Authority of property described in
5 subsection (f) of Section 5 of the Metropolitan Pier and
6 Exposition Authority Act for the purposes of providing
7 additional grounds, buildings, and facilities related to
8 the purposes of the Metropolitan Pier and Exposition
9 Authority;
10 (28) for a period of 24 months after March 1, 1992,
11 by the Village of Wheeling and the City of Prospect
12 Heights, owners of the Palwaukee Municipal Airport, to
13 allow for the acquisition of right of way to complete the
14 realignment of Hintz Road and Wolf Road;
15 (29) for a period of one year from the effective
16 date of this amendatory Act of 1992, by the
17 Bloomington-Normal Airport Authority for airport
18 expansion purposes;
19 (30) for a period of 24 months after September 10,
20 1993, by the Cook County Highway Department and Lake
21 County Department of Transportation to allow for the
22 acquisition of necessary right-of-way for construction of
23 underpasses for Lake-Cook Road at the Chicago
24 Northwestern Railroad crossing, west of Skokie Boulevard,
25 and the Chicago, Milwaukee, St. Paul and Pacific Railroad
26 crossing, west of Waukegan Road;
27 (31) for a period of one year after December 23,
28 1993, by the City of Arcola and the City of Tuscola for
29 the development of the Arcola/Tuscola Water Transmission
30 Pipeline Project pursuant to the intergovernmental
31 agreement between the City of Arcola and the City of
32 Tuscola;
33 (32) for a period of 24 months from December 23,
34 1993, by the Village of Bensenville for the acquisition
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1 of property bounded by Illinois Route 83 to the west and
2 O'Hare International Airport to the east to complete a
3 flood control project known as the Bensenville Ditch;
4 (33) for a period of 9 months after November 1,
5 1993, by the Medical Center Commission for the purpose of
6 acquiring a site for the Illinois State Police Forensic
7 Science Laboratory at Chicago, on the block bounded by
8 Roosevelt Road on the north, Wolcott Street on the east,
9 Washburn Street on the south, and Damen Avenue on the
10 west in Chicago, Illinois;
11 (34) for a period of 36 months after July 14, 1995,
12 by White County for the acquisition of a 3 1/2 mile
13 section of Bellaire Road, which is described as follows:
14 Commencing at the Northwest Corner of the Southeast 1/4
15 of Section 28, Township 6 South, Range 10 East of the 3rd
16 Principal Meridian; thence South to a point at the
17 Southwest Corner of the Southeast 1/4 of Section 9,
18 Township 7 South, Range 10 East of the 3rd Principal
19 Meridian;
20 (35) for a period of one year after July 14, 1995,
21 by the City of Aurora for permanent and temporary
22 easements except over land adjacent to Indian Creek and
23 west of Selmarten Creek located within the City of Aurora
24 for the construction of Phase II of the Indian Creek
25 Flood Control Project;
26 (35.1) for a period beginning June 24, 1995 (the
27 day following the effective date of Public Act 89-29) and
28 ending on July 13, 1995 (the day preceding the effective
29 date of Public Act 89-134), by the City of Aurora for
30 permanent and temporary easements for the construction of
31 Phase II of the Indian Creek Flood Control Project;
32 (36) for a period of 3 years from July 14, 1995, by
33 the Grand Avenue Railroad Relocation Authority for the
34 Grand Avenue Railroad Grade Separation Project within the
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1 Village of Franklin Park, Illinois;
2 (37) for a period of 3 years after July 14, 1995,
3 by the Village of Romeoville for the acquisition of
4 rights-of-way for the 135th Street Bridge Project, lying
5 within the South 1/2 of Section 34, Township 37 North,
6 Range 10 East and the South 1/2 of Section 35, Township
7 37 North, Range 10 East of the Third Principal Meridian,
8 and the North 1/2 of Section 2, Township 36 North, Range
9 10 East and the North 1/2 of Section 3, Township 36
10 North, Range 10 East of the 3rd Principal Meridian, in
11 Will County, Illinois;
12 (37.1) for a period of 3 years after June 23, 1995,
13 by the Illinois Department of Transportation for the
14 acquisition of rights-of-way for the 135th Street Bridge
15 Project between the Des Plaines River and New Avenue
16 lying within the South 1/2 of Section 35, Township 37
17 North, Range 10 East of the Third Principal Meridian and
18 the North 1/2 of Section 2, Township 36 North, Range 10
19 East of the 3rd Principal Meridian, in Will County,
20 Illinois;
21 (38) for a period beginning June 24, 1995 (the day
22 after the effective date of Public Act 89-29) and ending
23 18 months after July 14, 1995 (the effective date of
24 Public Act 89-134), by the Anna-Jonesboro Water
25 Commission for the acquisition of land and easements for
26 improvements to its water treatment and storage
27 facilities and water transmission pipes;
28 (39) for a period of 36 months after July 14, 1995,
29 by the City of Effingham for the acquisition of property
30 which is described as follows:
31 Tract 1:
32 Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
33 THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
34 thereof recorded in Book "K", Page 769, in the Recorder's
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1 Office of Effingham County), situated in the City of
2 Effingham, County of Effingham and State of Illinois.
3 Tract 2:
4 The alley lying South and adjoining Tract 1, as
5 vacated by Ordinance recorded on July 28, 1937 in Book
6 183, Page 465, and all right, title and interest in and
7 to said alley as established by the Contract for Easement
8 recorded on August 4, 1937 in Book 183, Page 472;
9 (40) for a period of one year after July 14, 1995,
10 by the Village of Palatine for the acquisition of
11 property located along the south side of Dundee Road
12 between Rand Road and Hicks Road for redevelopment
13 purposes;
14 (41) for a period of 6 years after July 1, 1995,
15 for the acquisition by the Medical Center District of
16 property described in Section 3 of the Illinois Medical
17 District Act within the District Development Area as
18 described in Section 4 of that Act for the purposes set
19 forth in that Act;
20 (41.5) for a period of 24 months after June 21,
21 1996 by the City of Effingham, Illinois for acquisition
22 of property for the South Raney Street Improvement
23 Project Phase I;
24 (42) for a period of 3 years after June 21, 1996,
25 by the Village of Deerfield for the acquisition of
26 territory within the Deerfield Village Center, as
27 designated as of that date by the Deerfield Comprehensive
28 Plan, with the exception of that area north of Jewett
29 Park Drive (extended) between Waukegan Road and the
30 Milwaukee Railroad Tracks, for redevelopment purposes;
31 (43) for a period of 12 months after June 21, 1996,
32 by the City of Harvard for the acquisition of property
33 lying west of Harvard Hills Road of sufficient size to
34 widen the Harvard Hills Road right of way and to install
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1 and maintain city utility services not more than 200 feet
2 west of the center line of Harvard Hills Road;
3 (44) for a period of 5 years after June 21, 1996,
4 by the Village of River Forest, Illinois, within the area
5 designated as a tax increment financing district when the
6 purpose of the condemnation proceeding is to acquire land
7 for any of the purposes contained in the River Forest Tax
8 Increment Financing Plan or authorized by the Tax
9 Increment Allocation Redevelopment Act, provided that
10 condemnation of any property zoned and used exclusively
11 for residential purposes shall be prohibited;
12 (45) for a period of 18 months after June 28, 1996,
13 by the Village of Schaumburg for the acquisition of land,
14 easements, and aviation easements for the purpose of a
15 public airport in Cook and DuPage Counties; provided that
16 if any proceedings under the provisions of this Article
17 are pending on that date, "quick-take" may be utilized by
18 the Village of Schaumburg;
19 (46) for a period of one year after June 28, 1996,
20 by the City of Pinckneyville for the acquisition of land
21 and easements to provide for improvements to its water
22 treatment and storage facilities and water transmission
23 pipes, and for the construction of a sewerage treatment
24 facility and sewerage transmission pipes to serve the
25 Illinois Department of Corrections Pinckneyville
26 Correctional Facility;
27 (47) for a period of 6 months after June 28, 1996,
28 by the City of Streator for the acquisition of property
29 described as follows for a first flush basin sanitary
30 sewer system:
31 Tract 5: That part of lots 20 and 21 in Block
32 6 in Moore and Plumb's addition to the city of
33 Streator, Illinois, lying south of the right of way
34 of the switch track of the Norfolk and Western
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1 Railroad (now abandoned) in the county of LaSalle,
2 state of Illinois.
3 Tract 6: That part of lots 30, 31 and 32 in
4 Block 7 in Moore and Plumb's Addition to the city of
5 Streator, Illinois, lying north of the centerline of
6 Coal Run Creek and south of the right of way of the
7 switch track of the Norfolk and Western Railroad
8 (now abandoned) in the county of LaSalle, state of
9 Illinois;
10 (48) for a period of 36 months after January 16,
11 1997 the effective date of this amendatory Act of 1996,
12 by the Bi-State Development Agency of the
13 Missouri-Illinois Metropolitan District for the
14 acquisition of rights of way and related property
15 necessary for the construction and operation of the
16 MetroLink Light Rail System, beginning in East St. Louis,
17 Illinois, and terminating at Mid America Airport, St.
18 Clair County, Illinois;
19 (49) for a period of 2 years after January 16, 1997
20 the effective date of this amendatory Act of 1996, by the
21 Village of Schaumburg for the acquisition of
22 rights-of-way, permanent easements, and temporary
23 easements for the purpose of improving the Roselle
24 Road/Illinois Route 58/Illinois Route 72 corridor,
25 including rights-of-way along Roselle Road, Remington
26 Road, Valley Lake Drive, State Parkway, Commerce Drive,
27 Kristin Circle, and Hillcrest Boulevard, a permanent
28 easement along Roselle Road, and temporary easements
29 along Roselle Road, State Parkway, Valley Lake Drive,
30 Commerce Drive, Kristin Circle, and Hillcrest Boulevard,
31 in Cook County;.
32 (51) by a municipality or county for road
33 improvement purposes.
34 In a proceeding subject to this Section, the plaintiff,
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1 at any time after the complaint has been filed and before
2 judgment is entered in the proceeding, may file a written
3 motion requesting that, immediately or at some specified
4 later date, the plaintiff either be vested with the fee
5 simple title (or such lesser estate, interest or easement, as
6 may be required) to the real property, or specified portion
7 thereof, which is the subject of the proceeding, and be
8 authorized to take possession of and use such property; or
9 only be authorized to take possession of and to use such
10 property, if such possession and use, without the vesting of
11 title, are sufficient to permit the plaintiff to proceed with
12 the project until the final ascertainment of compensation;
13 however, no land or interests therein now or hereafter owned,
14 leased, controlled or operated and used by, or necessary for
15 the actual operation of, any common carrier engaged in
16 interstate commerce, or any other public utility subject to
17 the jurisdiction of the Illinois Commerce Commission, shall
18 be taken or appropriated hereunder by the State of Illinois,
19 the Illinois Toll Highway Authority, the sanitary district,
20 the St. Louis Metropolitan Area Airport Authority or the
21 Board of Trustees of the University of Illinois without first
22 securing the approval of such Commission.
23 Except as hereinafter stated, the motion for taking shall
24 state: (1) an accurate description of the property to which
25 the motion relates and the estate or interest sought to be
26 acquired therein; (2) the formally adopted schedule or plan
27 of operation for the execution of the plaintiff's project;
28 (3) the situation of the property to which the motion
29 relates, with respect to the schedule or plan; (4) the
30 necessity for taking such property in the manner requested in
31 the motion; and (5) if the property (except property
32 described in Section 3 of the Sports Stadium Act or property
33 described as Site B in Section 2 of the Metropolitan Pier and
34 Exposition Authority Act) to be taken is owned, leased,
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1 controlled or operated and used by, or necessary for the
2 actual operation of, any interstate common carrier or other
3 public utility subject to the jurisdiction of the Illinois
4 Commerce Commission, a statement to the effect that the
5 approval of such proposed taking has been secured from such
6 Commission, and attaching to such motion a certified copy of
7 the order of such Commission granting such approval. If the
8 schedule or plan of operation is not set forth fully in the
9 motion, a copy of such schedule or plan shall be attached to
10 the motion.
11 (Source: P.A. 88-486; 88-526; 88-670, eff. 12-2-94; 89-29,
12 eff. 6-23-95; 89-134, eff. 7-14-95; 89-343, eff. 8-17-95;
13 89-356, eff. 8-17-95; 89-445, eff. 2-7-96; 89-460, eff.
14 5-24-96; 89-494, eff. 6-21-96; 89-502, eff. 6-28-96; 89-504,
15 eff. 6-28-96; 89-592, eff. 8-1-96; 89-626, eff. 8-9-96;
16 89-699, eff. 1-16-97.)
17 (Text of Section after amendment by P.A. 89-683)
18 Sec. 7-103. "Quick-take". This Section applies only to
19 proceedings under this Article:
20 (1) by the State of Illinois, the Illinois Toll
21 Highway Authority or the St. Louis Metropolitan Area
22 Airport Authority for the acquisition of land or
23 interests therein for highway purposes;
24 (2) (blank);
25 (3) by the Department of Commerce and Community
26 Affairs for the purpose specified in the Illinois Coal
27 Development Bond Act;
28 (4) (blank);
29 (5) for the purpose specified in the St. Louis
30 Metropolitan Area Airport Authority Act;
31 (6) for a period of 24 months after May 24, 1996,
32 by the Southwestern Illinois Development Authority
33 pursuant to the Southwestern Illinois Development
34 Authority Act;
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1 (7) for a period of 3 years after December 30,
2 1987, by the Quad Cities Regional Economic Development
3 Authority (except for the acquisition of land or
4 interests therein that is farmland, or upon which is
5 situated a farm dwelling and appurtenant structures, or
6 upon which is situated a residence, or which is wholly
7 within an area that is zoned for residential use)
8 pursuant to the Quad Cities Regional Economic Development
9 Authority Act;
10 (8) by a sanitary district created under the
11 Metropolitan Water Reclamation District Act for the
12 acquisition of land or interests therein for purposes
13 specified in that Act;
14 (9) by a rail carrier within the time limitations
15 and subject to the terms and conditions set forth in
16 Section 18c-7501 of the Illinois Vehicle Code;
17 (10) for a period of 18 months after January 26,
18 1987, for the purpose specified in Division 135 of
19 Article 11 of the Illinois Municipal Code, by a
20 commission created under Section 2 of the Water
21 Commission Act of 1985;
22 (11) by a village containing a population of less
23 than 15,000 for the purpose of acquiring property to be
24 used for a refuse derived fuel system designed to
25 generate steam and electricity, and for industrial
26 development that will utilize such steam and electricity,
27 pursuant to Section 11-19-10 of the Illinois Municipal
28 Code;
29 (12) after receiving the prior approval of the City
30 Council, by a municipality having a population of more
31 than 500,000 for the purposes set forth in Section
32 11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
33 Illinois Municipal Code, and for the same purposes when
34 established pursuant to home rule powers;
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1 (13) by a home rule municipality, after a public
2 hearing held by the corporate authorities or by a
3 committee of the corporate authorities and after approval
4 by a majority of the corporate authorities, within an
5 area designated as an enterprise zone by the municipality
6 under the Illinois Enterprise Zone Act;
7 (14) by the Illinois Sports Facilities Authority
8 for the purpose specified in Section 12 of the Illinois
9 Sports Facilities Authority Act;
10 (15) by a municipality having a population of more
11 than 2,000,000 for the purpose of acquiring the property
12 described in Section 3 of the Sports Stadium Act;
13 (16) for a period of 18 months after July 29, 1986,
14 in any proceeding by the Board of Trustees of the
15 University of Illinois for the acquisition of land in
16 Champaign County or interests therein as a site for a
17 building or for any educational purpose;
18 (17) for a period of 2 years after July 1, 1990, by
19 a home rule municipality and a county board, upon
20 approval of a majority of the corporate authorities of
21 both the county board and the municipality, within an
22 area designated as an enterprise zone by the municipality
23 and the county board through an intergovernmental
24 agreement under the Illinois Enterprise Zone Act, when
25 the purpose of the condemnation proceeding is to acquire
26 land for the construction of an industrial harbor port,
27 and when the total amount of land to be acquired for that
28 purpose is less than 75 acres and is adjacent to the
29 Illinois River;
30 (18) by an airport authority located solely within
31 the boundaries of Madison County, Illinois, and which is
32 organized pursuant to the provisions of the Airport
33 Authorities Act, (i) for the acquisition of 160 acres, or
34 less, of land or interests therein for the purposes
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1 specified in that Act which may be necessary to extend,
2 mark, and light runway 11/29 for a distance of 1600 feet
3 in length by 100 feet in width with parallel taxiway, to
4 relocate and mark County Highway 19, Madison County,
5 known as Moreland Road, to relocate the instrument
6 landing system including the approach lighting system and
7 to construct associated drainage, fencing and seeding
8 required for the foregoing project and (ii) for a period
9 of 6 months after December 28, 1989, for the acquisition
10 of 75 acres, or less, of land or interests therein for
11 the purposes specified in that Act which may be necessary
12 to extend, mark and light the south end of runway 17/35
13 at such airport;
14 (19) by any unit of local government for a
15 permanent easement for the purpose of maintaining,
16 dredging or cleaning the Little Calumet River;
17 (20) by any unit of local government for a
18 permanent easement for the purpose of maintaining,
19 dredging or cleaning the Salt Creek in DuPage County;
20 (21) by St. Clair County, Illinois, for the
21 development of a joint use facility at Scott Air Force
22 Base;
23 (22) by the Village of Summit, Illinois, to acquire
24 land for a waste to energy plant;
25 (23) for a period of 15 months after September 7,
26 1990, by the Department of Transportation or by any unit
27 of local government under the terms of an
28 intergovernmental cooperation agreement between the
29 Department of Transportation and the unit of local
30 government for the purpose of developing aviation
31 facilities in and around Chanute Air Force Base in
32 Champaign County, Illinois;
33 (24) for a period of 1 year after December 12,
34 1990, by the City of Morris for the development of the
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1 Morris Municipal Airport;
2 (25) for a period of 1 year after June 19, 1991, by
3 the Greater Rockford Airport Authority for airport
4 expansion purposes;
5 (26) for a period of 24 months after June 30, 1991,
6 by the City of Aurora for completion of an instrument
7 landing system and construction of an east-west runway at
8 the Aurora Municipal Airport;
9 (27) for the acquisition by the Metropolitan Pier
10 and Exposition Authority of property described in
11 subsection (f) of Section 5 of the Metropolitan Pier and
12 Exposition Authority Act for the purposes of providing
13 additional grounds, buildings, and facilities related to
14 the purposes of the Metropolitan Pier and Exposition
15 Authority;
16 (28) for a period of 24 months after March 1, 1992,
17 by the Village of Wheeling and the City of Prospect
18 Heights, owners of the Palwaukee Municipal Airport, to
19 allow for the acquisition of right of way to complete the
20 realignment of Hintz Road and Wolf Road;
21 (29) for a period of one year from the effective
22 date of this amendatory Act of 1992, by the
23 Bloomington-Normal Airport Authority for airport
24 expansion purposes;
25 (30) for a period of 24 months after September 10,
26 1993, by the Cook County Highway Department and Lake
27 County Department of Transportation to allow for the
28 acquisition of necessary right-of-way for construction of
29 underpasses for Lake-Cook Road at the Chicago
30 Northwestern Railroad crossing, west of Skokie Boulevard,
31 and the Chicago, Milwaukee, St. Paul and Pacific Railroad
32 crossing, west of Waukegan Road;
33 (31) for a period of one year after December 23,
34 1993, by the City of Arcola and the City of Tuscola for
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1 the development of the Arcola/Tuscola Water Transmission
2 Pipeline Project pursuant to the intergovernmental
3 agreement between the City of Arcola and the City of
4 Tuscola;
5 (32) for a period of 24 months from December 23,
6 1993, by the Village of Bensenville for the acquisition
7 of property bounded by Illinois Route 83 to the west and
8 O'Hare International Airport to the east to complete a
9 flood control project known as the Bensenville Ditch;
10 (33) for a period of 9 months after November 1,
11 1993, by the Medical Center Commission for the purpose of
12 acquiring a site for the Illinois State Police Forensic
13 Science Laboratory at Chicago, on the block bounded by
14 Roosevelt Road on the north, Wolcott Street on the east,
15 Washburn Street on the south, and Damen Avenue on the
16 west in Chicago, Illinois;
17 (34) for a period of 36 months after July 14, 1995,
18 by White County for the acquisition of a 3 1/2 mile
19 section of Bellaire Road, which is described as follows:
20 Commencing at the Northwest Corner of the Southeast 1/4
21 of Section 28, Township 6 South, Range 10 East of the 3rd
22 Principal Meridian; thence South to a point at the
23 Southwest Corner of the Southeast 1/4 of Section 9,
24 Township 7 South, Range 10 East of the 3rd Principal
25 Meridian;
26 (35) for a period of one year after July 14, 1995,
27 by the City of Aurora for permanent and temporary
28 easements except over land adjacent to Indian Creek and
29 west of Selmarten Creek located within the City of Aurora
30 for the construction of Phase II of the Indian Creek
31 Flood Control Project;
32 (35.1) for a period beginning June 24, 1995 (the
33 day following the effective date of Public Act 89-29) and
34 ending on July 13, 1995 (the day preceding the effective
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1 date of Public Act 89-134), by the City of Aurora for
2 permanent and temporary easements for the construction of
3 Phase II of the Indian Creek Flood Control Project;
4 (36) for a period of 3 years from July 14, 1995, by
5 the Grand Avenue Railroad Relocation Authority for the
6 Grand Avenue Railroad Grade Separation Project within the
7 Village of Franklin Park, Illinois;
8 (37) for a period of 3 years after July 14, 1995,
9 by the Village of Romeoville for the acquisition of
10 rights-of-way for the 135th Street Bridge Project, lying
11 within the South 1/2 of Section 34, Township 37 North,
12 Range 10 East and the South 1/2 of Section 35, Township
13 37 North, Range 10 East of the Third Principal Meridian,
14 and the North 1/2 of Section 2, Township 36 North, Range
15 10 East and the North 1/2 of Section 3, Township 36
16 North, Range 10 East of the 3rd Principal Meridian, in
17 Will County, Illinois;
18 (37.1) for a period of 3 years after June 23, 1995,
19 by the Illinois Department of Transportation for the
20 acquisition of rights-of-way for the 135th Street Bridge
21 Project between the Des Plaines River and New Avenue
22 lying within the South 1/2 of Section 35, Township 37
23 North, Range 10 East of the Third Principal Meridian and
24 the North 1/2 of Section 2, Township 36 North, Range 10
25 East of the 3rd Principal Meridian, in Will County,
26 Illinois;
27 (38) for a period beginning June 24, 1995 (the day
28 after the effective date of Public Act 89-29) and ending
29 18 months after July 14, 1995 (the effective date of
30 Public Act 89-134), by the Anna-Jonesboro Water
31 Commission for the acquisition of land and easements for
32 improvements to its water treatment and storage
33 facilities and water transmission pipes;
34 (39) for a period of 36 months after July 14, 1995,
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1 by the City of Effingham for the acquisition of property
2 which is described as follows:
3 Tract 1:
4 Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
5 THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
6 thereof recorded in Book "K", Page 769, in the Recorder's
7 Office of Effingham County), situated in the City of
8 Effingham, County of Effingham and State of Illinois.
9 Tract 2:
10 The alley lying South and adjoining Tract 1, as
11 vacated by Ordinance recorded on July 28, 1937 in Book
12 183, Page 465, and all right, title and interest in and
13 to said alley as established by the Contract for Easement
14 recorded on August 4, 1937 in Book 183, Page 472;
15 (40) for a period of one year after July 14, 1995,
16 by the Village of Palatine for the acquisition of
17 property located along the south side of Dundee Road
18 between Rand Road and Hicks Road for redevelopment
19 purposes;
20 (41) for a period of 6 years after July 1, 1995,
21 for the acquisition by the Medical Center District of
22 property described in Section 3 of the Illinois Medical
23 District Act within the District Development Area as
24 described in Section 4 of that Act for the purposes set
25 forth in that Act;
26 (41.5) for a period of 24 months after June 21,
27 1996 by the City of Effingham, Illinois for acquisition
28 of property for the South Raney Street Improvement
29 Project Phase I;
30 (42) for a period of 3 years after June 21, 1996,
31 by the Village of Deerfield for the acquisition of
32 territory within the Deerfield Village Center, as
33 designated as of that date by the Deerfield Comprehensive
34 Plan, with the exception of that area north of Jewett
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1 Park Drive (extended) between Waukegan Road and the
2 Milwaukee Railroad Tracks, for redevelopment purposes;
3 (43) for a period of 12 months after June 21, 1996,
4 by the City of Harvard for the acquisition of property
5 lying west of Harvard Hills Road of sufficient size to
6 widen the Harvard Hills Road right of way and to install
7 and maintain city utility services not more than 200 feet
8 west of the center line of Harvard Hills Road;
9 (44) for a period of 5 years after June 21, 1996,
10 by the Village of River Forest, Illinois, within the area
11 designated as a tax increment financing district when the
12 purpose of the condemnation proceeding is to acquire land
13 for any of the purposes contained in the River Forest Tax
14 Increment Financing Plan or authorized by the Tax
15 Increment Allocation Redevelopment Act, provided that
16 condemnation of any property zoned and used exclusively
17 for residential purposes shall be prohibited;
18 (45) for a period of 18 months after June 28, 1996,
19 by the Village of Schaumburg for the acquisition of land,
20 easements, and aviation easements for the purpose of a
21 public airport in Cook and DuPage Counties; provided that
22 if any proceedings under the provisions of this Article
23 are pending on that date, "quick-take" may be utilized by
24 the Village of Schaumburg;
25 (46) for a period of one year after June 28, 1996,
26 by the City of Pinckneyville for the acquisition of land
27 and easements to provide for improvements to its water
28 treatment and storage facilities and water transmission
29 pipes, and for the construction of a sewerage treatment
30 facility and sewerage transmission pipes to serve the
31 Illinois Department of Corrections Pinckneyville
32 Correctional Facility;
33 (47) for a period of 6 months after June 28, 1996,
34 by the City of Streator for the acquisition of property
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1 described as follows for a first flush basin sanitary
2 sewer system:
3 Tract 5: That part of lots 20 and 21 in Block
4 6 in Moore and Plumb's addition to the city of
5 Streator, Illinois, lying south of the right of way
6 of the switch track of the Norfolk and Western
7 Railroad (now abandoned) in the county of LaSalle,
8 state of Illinois.
9 Tract 6: That part of lots 30, 31 and 32 in
10 Block 7 in Moore and Plumb's Addition to the city of
11 Streator, Illinois, lying north of the centerline of
12 Coal Run Creek and south of the right of way of the
13 switch track of the Norfolk and Western Railroad
14 (now abandoned) in the county of LaSalle, state of
15 Illinois;
16 (48) for a period of 36 months after January 16,
17 1997 the effective date of this amendatory Act of 1996,
18 by the Bi-State Development Agency of the
19 Missouri-Illinois Metropolitan District for the
20 acquisition of rights of way and related property
21 necessary for the construction and operation of the
22 MetroLink Light Rail System, beginning in East St. Louis,
23 Illinois, and terminating at Mid America Airport, St.
24 Clair County, Illinois;
25 (49) for a period of 2 years after January 16, 1997
26 the effective date of this amendatory Act of 1996, by the
27 Village of Schaumburg for the acquisition of
28 rights-of-way, permanent easements, and temporary
29 easements for the purpose of improving the Roselle
30 Road/Illinois Route 58/Illinois Route 72 corridor,
31 including rights-of-way along Roselle Road, Remington
32 Road, Valley Lake Drive, State Parkway, Commerce Drive,
33 Kristin Circle, and Hillcrest Boulevard, a permanent
34 easement along Roselle Road, and temporary easements
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1 along Roselle Road, State Parkway, Valley Lake Drive,
2 Commerce Drive, Kristin Circle, and Hillcrest Boulevard,
3 in Cook County;.
4 (50) (49) by the Department of Transportation for
5 purposes of acquiring private property as specified in
6 the Meigs Field Airport Act;.
7 (51) by a municipality or county for road
8 improvement purposes.
9 In a proceeding subject to this Section, the plaintiff,
10 at any time after the complaint has been filed and before
11 judgment is entered in the proceeding, may file a written
12 motion requesting that, immediately or at some specified
13 later date, the plaintiff either be vested with the fee
14 simple title (or such lesser estate, interest or easement, as
15 may be required) to the real property, or specified portion
16 thereof, which is the subject of the proceeding, and be
17 authorized to take possession of and use such property; or
18 only be authorized to take possession of and to use such
19 property, if such possession and use, without the vesting of
20 title, are sufficient to permit the plaintiff to proceed with
21 the project until the final ascertainment of compensation;
22 however, no land or interests therein now or hereafter owned,
23 leased, controlled or operated and used by, or necessary for
24 the actual operation of, any common carrier engaged in
25 interstate commerce, or any other public utility subject to
26 the jurisdiction of the Illinois Commerce Commission, shall
27 be taken or appropriated hereunder by the State of Illinois,
28 the Illinois Toll Highway Authority, the sanitary district,
29 the St. Louis Metropolitan Area Airport Authority or the
30 Board of Trustees of the University of Illinois without first
31 securing the approval of such Commission.
32 Except as hereinafter stated, the motion for taking shall
33 state: (1) an accurate description of the property to which
34 the motion relates and the estate or interest sought to be
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1 acquired therein; (2) the formally adopted schedule or plan
2 of operation for the execution of the plaintiff's project;
3 (3) the situation of the property to which the motion
4 relates, with respect to the schedule or plan; (4) the
5 necessity for taking such property in the manner requested in
6 the motion; and (5) if the property (except property
7 described in Section 3 of the Sports Stadium Act, or property
8 described as Site B in Section 2 of the Metropolitan Pier and
9 Exposition Authority Act, or property that is taken as
10 provided in the Meigs Field Airport Act) to be taken is
11 owned, leased, controlled or operated and used by, or
12 necessary for the actual operation of, any interstate common
13 carrier or other public utility subject to the jurisdiction
14 of the Illinois Commerce Commission, a statement to the
15 effect that the approval of such proposed taking has been
16 secured from such Commission, and attaching to such motion a
17 certified copy of the order of such Commission granting such
18 approval. If the schedule or plan of operation is not set
19 forth fully in the motion, a copy of such schedule or plan
20 shall be attached to the motion.
21 (Source: P.A. 88-486; 88-526; 88-670, eff. 12-2-94; 89-29,
22 eff. 6-23-95; 89-134, eff. 7-14-95; 89-343, eff. 8-17-95;
23 89-356, eff. 8-17-95; 89-445, eff. 2-7-96; 89-460, eff.
24 5-24-96; 89-494, eff. 6-21-96; 89-502, eff. 6-28-96; 89-504,
25 eff. 6-28-96; 89-592, eff. 8-1-96; 89-626, eff. 8-9-96;
26 89-683, eff. 6-1-97; 89-699, eff. 1-16-97; revised 1-28-97.)
27 Section 95. No acceleration or delay. Where this Act
28 makes changes in a statute that is represented in this Act by
29 text that is not yet or no longer in effect (for example, a
30 Section represented by multiple versions), the use of that
31 text does not accelerate or delay the taking effect of (i)
32 the changes made by this Act or (ii) provisions derived from
33 any other Public Act.
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.