Senate Sponsors: PETKA-O'MALLEY-GEO-KARIS. House Sponsors: O'BRIEN Short description: CIV PRO-EMINENT DOMAIN-TECH Synopsis of Bill as introduced: Amends the Eminent Domain Article of the Code of Civil Procedure. Makes a stylistic change in provisions regarding reimbursement by the State, its political subdivisions, or a municipality for a property owner's expenses in a court-ordered taking. SENATE AMENDMENT NO. 1. Deletes reference to: 735 ILCS 5/7-122 Adds reference to: 70 ILCS 805/6 from Ch. 96 1/2, par. 6309 735 ILCS 5/7-101 from Ch. 110, par. 7-101 735 ILCS 5/7-101.1 new 735 ILCS 5/7-101.2 new 735 ILCS 5/7-109 from Ch. 110, par. 7-109 735 ILCS 5/7-110 from Ch. 110, par. 7-110 735 ILCS 5/7-111.1 new 735 ILCS 5/7-111.2 new 735 ILCS 5/7-119.1 new 735 ILCS 5/7-121 from Ch. 110, par. 7-121 735 ILCS 5/7-123 from Ch. 110, par. 7-123 735 ILCS 5/7-130 new 735 ILCS 5/7-131 new 735 ILCS 5/7-132 new Deletes everything. Amends the Eminent Domain Article of the Code of Civil Procedure. Provides that part of the just compensation paid to a landowner for a taking shall include expenses and reasonable attorney fees. Makes other changes regarding the evidence admissible to place a value on the subject property, attorney fees and costs assessed, the purpose for which land may be condemned, the application of amendments to the Article, time limits within which a condemnation must be initiated after the intent to condemn is made known, the freedom of a condemning authority to act with regard to the condemned property and other governmental entities, and interest on payments owed. Amends the Downstate Forest Preserve District Act. In a provision regarding acquisition of land in a municipality by a forest preserve district, removes language limiting the scope of the provision by population and changes the description of the land that can be acquired without concurrence of the municipality from land contiguous to an existing park or forest preserve to land contiguous to the district doing the acquiring. Effective January 1, 2000. SENATE AMENDMENT NO. 2. Deletes reference to: 735 ILCS 5/7-101.2 new 735 ILCS 5/7-111.2 new 735 ILCS 5/7-123 735 ILCS 5/7-132 new Deletes everything. Amends the Eminent Domain Article of the Code of Civil Procedure. Provides that part of the just compensation paid to a landowner for a taking shall include expenses and reasonable attorney fees. Makes other changes regarding attorney fees and costs assessed, time limits within which a condemnation must be initiated after the intent to condemn is made known, interest on payments owed, the evidence admissible to place a value on the subject property, and the freedom of a condemning authority to act with regard to the condemned property and other governmental entities. Amends the Downstate Forest Preserve District Act. In a provision regarding acquisition of land in a municipality by a forest preserve district, removes language limiting the scope of the provision by population and changes the description of the land that can be acquired without concurrence of the municipality from land contiguous to an existing park or forest preserve to land contiguous to the district doing the acquiring. Effective immediately. SENATE AMENDMENT NO. 3. Deletes the title and everything after the enacting clause. Amends the Downstate Forest Preserve District Act. Provides that a forest preserve district with a population of at least 600,000, as well as under 600,000, must have the concurrence of the governing body of the municipality to purchase, condemn, lease, or acquire an easement in property in that municipality. Provides that a district with a population of at least 500,000, as well as less than 500,000, may condemn property for a linear park or trail within a municipality only with the concurrence of the governing body of the municipality or in an unincorporated area with only the concurrence of the township board or to dismiss or abandon a condemnation proceeding only with the consent of the property owners. Provides that all acquisitions of land by a forest preserve district (now only a district with a popu- lation less than 600,000) within 1 1/2 miles of a municipality shall be preceded by a conference with the mayor or president of the muni- cipality or his designated agent. Amends the Code of Civil Procedure. Provides that an owner-occupied residence that qualifies as homestead property may not be taken for recreational purposes unless the con- demning authority establishes by clear and convincing evidence that the taking is for the public purpose or removing blighted areas for redevelopment and is indispensable to the implementation of a long-- range comprehensive plan. Not applicable to takings by a public utility. Makes other changes. Effective immediately. HOUSE AMENDMENT NO. 1. Deletes reference to: 70 ILCS 805/6 735 ILCS 5/7-101.1 new 735 ILCS 5/7-109 735 ILCS 5/7-110 735 ILCS 5/7-111.1 new 735 ILCS 5/7-119.1 new 735 ILCS 5/7-121 735 ILCS 5/7-130 new 735 ILCS 5/7-131 new Deletes everything. Amends the Eminent Domain Article of the Code of Civil Procedure. Provides that, in counties with an executive form of government or with a population of less than 180,000 (except for the counties of Tazewell, DeKalb, and Kendall), an owner-occupied residence that qualifies as homestead property under the Property Tax Code or a farm as defined in the Property Tax Code may not be taken for recreational purposes by a forest preserve district except with the consent of the owner. Provides that the restriction does not apply to takings of property by a public utility authorized by a grant of authority issued under Article VIII of the Public Utilities Act. STATE MANDATES NOTE, H-AM 1 (Department of Commerce and Community Affairs) Creates a due process mandate for which no reimbursement is required. HOME RULE NOTE, H-AM 1 (Department of Commerce and Community Affairs) Does not preempt home rule authority. FISCAL NOTE, H-AM 1 (Department of Natural Resources) There would be no fiscal impact. FISCAL NOTE, H-AM 1,2 (Department of Natural Resources) There would be no fiscal impact. HOUSING AFFORDABILITY NOTE, H-AM 1 (Housing Development Auth.) There will be no fiscal effect on the cost of constructing, purchasing, owning, or selling a single-family residence. HOUSE AMENDMENT NO. 2. Deletes the amendatory language in the bill, as amended. Amends the Eminent Domain Article of the Code of Civil Procedure. Provides that, in counties with an executive form of government or a forest preserve district established after July 1, 1999, an owner-occupied residence that qualifies as homestead property under the Property Tax Code or a farm as defined in the Property Tax Code may not be taken for recreational purposes by a forest preserve district except with the consent of the owner. Provides that the restriction does not apply if the owner is a willing seller nor to takings of property by a public utility authorized by a grant of authority issued under Article VIII of the Public Utilities Act. STATE MANDATES NOTE, H-AM 2 (Department of Commerce and Community Affairs) Same as previous State mandate note. HOME RULE NOTE, H-AM 2 (Department of Commerce and Community Affairs) Same as previous home rule note. LAND CONVEYANCE NOTE, H-AM 2 (Department of Transportation) This legislation contains no land conveyances for the State. Last action on Bill: SESSION SINE DIE Last action date: 01-01-09 Location: Senate Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 2 SENATE - 3 END OF INQUIRY Full Text Bill Status