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Public Act 094-1055 |
SB3086 Enrolled |
LRB094 19181 MKM 54718 b |
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AN ACT concerning government, which may be referred to as |
the Equity in Eminent Domain Act.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Article 1. General Provisions |
Section 1-1-1. Short title. This Act may be cited as the |
Eminent Domain Act. |
Section 1-1-5. Definitions. As used in this Act, except |
with respect to the acquisition or damaging of property |
authorized under the O'Hare Modernization Act: |
"Acquisition of property", unless the context otherwise |
requires, includes the acquisition, damaging, or use of |
property or any right to or interest in property. |
"Blighted area", "blight", and "blighted" have the same |
meanings as under the applicable statute authorizing the |
condemning authority to exercise the power of eminent domain |
or, if those terms have no defined meaning under the applicable |
statute, then the same meanings as under Section 11-74.4-3 of |
the Illinois Municipal Code. |
"Condemning authority" means the State or any unit of local |
government, school district, or other entity authorized to |
exercise the power of eminent domain. |
Article 5. General Exercise |
Section 5-5-5. Exercise of the power of eminent domain; |
public use; blight. |
(a) In addition to all other limitations and requirements, |
a condemning authority may not take or damage property by the |
exercise of the power of eminent domain unless it is for a |
public use, as set forth in this Section. |
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(a-5) Subsections (b), (c), (d), (e), and (f) of this |
Section do not apply to the acquisition of property under the |
O'Hare Modernization Act. A condemning authority may exercise |
the power of eminent domain for the acquisition or damaging of |
property under the O'Hare Modernization Act as provided for by |
law in effect prior to the effective date of this Act. |
(a-10) Subsections (b), (c), (d), (e), and (f) of this |
Section do not apply to the acquisition or damaging of property |
in furtherance of the goals and objectives of an existing tax |
increment allocation redevelopment plan. A condemning |
authority may exercise the power of eminent domain for the |
acquisition of property in furtherance of an existing tax |
increment allocation redevelopment plan as provided for by law |
in effect prior to the effective date of this Act. |
As used in this subsection, "existing tax increment |
allocation redevelopment plan" means a redevelopment plan that |
was adopted under the Tax Increment Allocation Redevelopment |
Act (Article 11, Division 74.4 of the Illinois Municipal Code) |
prior to April 15, 2006 and for which property assembly costs |
were, before that date, included as a budget line item in the |
plan or described in the narrative portion of the plan as part |
of the redevelopment project, but does not include (i) any |
additional area added to the redevelopment project area on or |
after April 15, 2006, (ii) any subsequent extension of the |
completion date of a redevelopment plan beyond the estimated |
completion date established in that plan prior to April 15, |
2006, (iii) any acquisition of property in a conservation area |
for which the condemnation complaint is filed more than 12 |
years after the effective date of this Act, or (iv) any |
acquisition of property in an industrial park conservation |
area. |
As used in this subsection, "conservation area" and |
"industrial park conservation area" have the same meanings as |
under Section 11-74.4-3 of the Illinois Municipal Code. |
(b) If the exercise of eminent domain authority is to |
acquire property for public ownership and control, then the |
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condemning authority must prove that (i) the acquisition of the |
property is necessary for a public purpose and (ii) the |
acquired property will be owned and controlled by the |
condemning authority or another governmental entity. |
(c) Except when the acquisition is governed by subsection |
(b) or is primarily for one of the purposes specified in |
subsection (d), (e), or (f) and the condemning authority elects |
to proceed under one of those subsections, if the exercise of |
eminent domain authority is to acquire property for private |
ownership or control, or both, then the condemning authority |
must prove by clear and convincing evidence that the |
acquisition of the property for private ownership or control is |
(i) primarily for the benefit, use, or enjoyment of the public |
and (ii) necessary for a public purpose. |
An acquisition of property primarily for the purpose of the |
elimination of blight is rebuttably presumed to be for a public |
purpose and primarily for the benefit, use, or enjoyment of the |
public under this subsection. |
Any challenge to the existence of blighting factors alleged |
in a complaint to condemn under this subsection shall be raised |
within 6 months of the filing date of the complaint to condemn, |
and if not raised within that time the right to challenge the |
existence of those blighting factors shall be deemed waived. |
Evidence that the Illinois Commerce Commission has granted |
a certificate or otherwise made a finding of public convenience |
and necessity for an acquisition of property (or any right or |
interest in property) for private ownership or control |
(including, without limitation, an acquisition for which the |
use of eminent domain is authorized under the Public Utilities |
Act, the Telephone Company Act, or the Electric Supplier Act) |
to be used for utility purposes creates a rebuttable |
presumption that such acquisition of that property (or right or |
interest in property) is (i) primarily for the benefit, use, or |
enjoyment of the public and (ii) necessary for a public |
purpose. |
In the case of an acquisition of property (or any right or |
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interest in property) for private ownership or control to be |
used for utility, pipeline, or railroad purposes for which no |
certificate or finding of public convenience and necessity by |
the Illinois Commerce Commission is required, evidence that the |
acquisition is one for which the use of eminent domain is |
authorized under one of the following laws creates a rebuttable |
presumption that the acquisition of that property (or right or |
interest in property) is (i) primarily for the benefit, use, or |
enjoyment of the public and (ii) necessary for a public |
purpose: |
(1) the Public Utilities Act, |
(2) the Telephone Company Act, |
(3) the Electric Supplier Act, |
(4) the Railroad Terminal Authority Act, |
(5) the Grand Avenue Railroad Relocation Authority |
Act, |
(6) the West Cook Railroad Relocation and Development |
Authority Act, |
(7) Section 4-505 of the Illinois Highway Code, |
(8) Section 17 or 18 of the Railroad Incorporation Act, |
(9) Section 18c-7501 of the Illinois Vehicle Code. |
(d) If the exercise of eminent domain authority is to |
acquire property for private ownership or control and if the |
primary basis for the acquisition is the elimination of blight |
and the condemning authority elects to proceed under this |
subsection, then the condemning authority must: (i) prove by a |
preponderance of the evidence that acquisition of the property |
for private ownership or control is necessary for a public |
purpose; (ii) prove by a preponderance of the evidence that the |
property to be acquired is located in an area that is currently |
designated as a blighted area or conservation area under an |
applicable statute; (iii) if the existence of blight or |
blighting factors is challenged in an appropriate motion filed |
within 6 months after the date of filing of the complaint to |
condemn, prove by a preponderance of the evidence that the |
required blighting factors existed in the area so designated |
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(but not necessarily in the particular property to be acquired) |
at the time of the designation under item (ii) or at any time |
thereafter; and (iv) prove by a preponderance of the evidence |
at least one of the following: |
(A) that it has entered into an express written |
agreement in which a private person or entity agrees to |
undertake a development project within the blighted area |
that specifically details the reasons for which the |
property or rights in that property are necessary for the |
development project; |
(B) that the exercise of eminent domain power and the |
proposed use of the property by the condemning authority |
are consistent with a regional plan that has been adopted |
within the past 5 years in accordance with Section 5-14001 |
of the Counties Code or Section 11-12-6 of the Illinois |
Municipal Code or with a local land resource management |
plan adopted under Section 4 of the Local Land Resource |
Management Planning Act; or |
(C) that (1) the acquired property will be used in the |
development of a project that is consistent with the land |
uses set forth in a comprehensive redevelopment plan |
prepared in accordance with the applicable statute |
authorizing the condemning authority to exercise the power |
of eminent domain and is consistent with the goals and |
purposes of that comprehensive redevelopment plan, and (2) |
an enforceable written agreement, deed restriction, or |
similar encumbrance has been or will be executed and |
recorded against the acquired property to assure that the |
project and the use of the property remain consistent with |
those land uses, goals, and purposes for a period of at |
least 40 years, which execution and recording shall be |
included as a requirement in any final order entered in the |
condemnation proceeding. |
The existence of an ordinance, resolution, or other |
official act designating an area as blighted is not prima facie |
evidence of the existence of blight. A finding by the court in |
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a condemnation proceeding that a property or area has not been |
proven to be blighted does not apply to any other case or |
undermine the designation of a blighted area or conservation |
area or the determination of the existence of blight for any |
other purpose or under any other statute, including without |
limitation under the Tax Increment Allocation Redevelopment |
Act (Article 11, Division 74.4 of the Illinois Municipal Code). |
Any challenge to the existence of blighting factors alleged |
in a complaint to condemn under this subsection shall be raised |
within 6 months of the filing date of the complaint to condemn, |
and if not raised within that time the right to challenge the |
existence of those blighting factors shall be deemed waived. |
(e) If the exercise of eminent domain authority is to |
acquire property for private ownership or control and if the |
primary purpose of the acquisition is one of the purposes |
specified in item (iii) of this subsection and the condemning |
authority elects to proceed under this subsection, then the |
condemning authority must prove by a preponderance of the |
evidence that: (i) the acquisition of the property is necessary |
for a public purpose; (ii) an enforceable written agreement, |
deed restriction, or similar encumbrance has been or will be |
executed and recorded against the acquired property to assure |
that the project and the use of the property remain consistent |
with the applicable purpose specified in item (iii) of this |
subsection for a period of at least 40 years, which execution |
and recording shall be included as a requirement in any final |
order entered in the condemnation proceeding; and (iii) the |
acquired property will be one of the following:
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(1) included in the project site for a residential |
project, or a
mixed-use project including residential |
units, where not less than 20% of the residential units in |
the project are made available, for at least 15 years, by |
deed
restriction, long-term lease, regulatory agreement, |
extended use agreement, or a
comparable recorded |
encumbrance, to low-income households and very low-income |
households, as defined in Section 3 of
the Illinois |
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Affordable Housing Act; |
(2) used primarily for public airport, road, parking, |
or mass transportation purposes and sold or leased to a |
private party in a sale-leaseback, lease-leaseback,
or |
similar structured financing; |
(3) owned or used by a public utility or electric |
cooperative for utility purposes; |
(4) owned or used by a railroad for
passenger or |
freight transportation purposes; |
(5)
sold or leased to a private party that operates a |
water supply, waste water,
recycling, waste disposal, |
waste-to-energy, or similar facility; |
(6) sold or leased
to a not-for-profit corporation |
whose purposes include the preservation of open
space, the |
operation of park space, and similar public purposes; |
(7)
used as a library, museum, or related facility, or |
as infrastructure related to
such a facility; |
(8) used by a private party for the
operation of a |
charter school open to the general public; or
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(9) a historic resource, as defined in Section 3 of the |
Illinois State Agency Historic Resources Preservation Act, |
a landmark designated as such under a local ordinance, or a |
contributing structure within a local landmark district |
listed on the National Register of Historic Places, that is |
being acquired for purposes of preservation or |
rehabilitation. |
(f) If the exercise of eminent domain authority is to |
acquire property for public ownership and private control and |
if the primary purpose of the acquisition is one of the |
purposes specified in item (iii) of this subsection and the |
condemning authority elects to proceed under this subsection, |
then the condemning authority must prove by a preponderance of |
the evidence that: (i) the acquisition of the property is |
necessary for a public purpose; (ii) the acquired property will |
be owned by the condemning authority or another governmental |
entity; and (iii) the acquired property will be controlled by a |
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private party that operates a
business or facility related to |
the condemning authority's operation of a university, medical |
district, hospital, exposition or convention center, mass |
transportation facility, or airport,
including, but not |
limited to, a medical clinic, research and development center, |
food or commercial concession facility, social service |
facility, maintenance or storage facility, cargo facility,
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rental car facility, bus facility, taxi facility, flight |
kitchen,
fixed based operation, parking facility, refueling |
facility, water supply facility, and railroad tracks and
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stations. |
(g) This Article is a limitation on the exercise of the |
power of eminent domain, but is not an independent grant of |
authority to exercise the power of eminent domain. |
Article 10. General Procedure
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(was 735 ILCS 5/7-101)
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Section 10-5-5
7-101 . Compensation; jury. |
(a) Private property shall not be taken
or damaged for |
public use without just compensation , and , in all cases in |
which
compensation is not made by the condemning authority,
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State in its corporate capacity, or a political
subdivision of |
the State, or municipality in its respective corporate |
capacity,
such compensation shall be ascertained by a jury, as |
provided in this Act
hereinafter prescribed .
When
Where
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compensation is so made by the condemning authority
State, a |
political subdivision of the
State, or municipality , any party ,
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upon application , may have a trial by jury to
ascertain the |
just compensation to be paid. A
Such demand on the part of the
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condemning authority for a trial by jury
State, a political |
subdivision of the State, or municipality, shall be filed
with |
the complaint for condemnation of the condemning authority
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State, a political subdivision of
the State, or municipality . |
When the condemning authority
Where the State, a political |
subdivision of the
State, or municipality is plaintiff, a |
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defendant desirous of a trial by
jury must file a demand for a |
trial by jury
therefor on or before the return date of the
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summons served on him or her or on or before the date fixed in |
the publication in case of defendants
served by publication. If
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In the event no party in the condemnation action
demands a |
trial by jury , as provided for by this Section, then the trial
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shall be before the court without a jury. |
(b) The right to just compensation , as
provided in this |
Act,
Article applies to the owner or owners of any lawfully |
erected
off-premises outdoor advertising sign that is |
compelled to be altered or
removed under this Act
Article or |
any other statute, or under any ordinance or
regulation of any |
municipality or other unit of local government, and also
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applies to the owner or owners of the property on which that |
sign is erected.
The right to just compensation , as provided in |
this Act,
Article applies to
property subject to a conservation |
right under the Real Property Conservation
Rights Act. The |
amount of compensation for the taking of the property shall not
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be diminished or reduced
by virtue of the existence of the |
conservation right. The holder of the
conservation right shall |
be entitled to just compensation for the value of the
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conservation right. |
(Source: P.A. 91-497, eff. 1-1-00.)
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(was 735 ILCS 5/7-102)
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Section 10-5-10
7-102 . Parties. |
(a) When
Where the right (i) to take private property for |
public
use, without the owner's consent , (ii)
or the right to |
construct or maintain any
public road, railroad, plankroad, |
turnpike road, canal , or other public
work or improvement , or |
(iii) to , or which may damage property not actually taken has
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been heretofore or is
shall hereafter be conferred by general |
law or
special charter upon any corporate or municipal |
authority, public body,
officer or agent, person, |
commissioner , or corporation and when (i) the
compensation to |
be paid for or in respect of the property sought to be
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appropriated or damaged for the purposes mentioned cannot be
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agreed upon by the parties interested , (ii) , or in case the |
owner of the
property is incapable of consenting , (iii) , or
the |
owner's name or residence is
unknown , or (iv) , or the owner is |
a nonresident of the State, then the party authorized to
take |
or damage the property so required, or to construct, operate ,
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and
maintain any public road, railroad, plankroad, turnpike |
road, canal , or
other public work or improvement, may apply to |
the circuit court of the
county where the property or any part |
of the property
thereof is situated, by filing
with the clerk a |
complaint . The complaint shall set forth
setting forth , by |
reference, (i) the complainant's
his, her or their
authority in |
the premises, (ii) the purpose for which the property is sought
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to be taken or damaged, (iii) a description of the property, |
and (iv) the names of all
persons interested in the property
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therein as owners or otherwise , as appearing of
record, if |
known, or if not known stating that fact ; , and shall pray the
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praying
such
court to cause the compensation to be paid to the |
owner to be assessed. |
(b) If it appears that any person not in being, upon coming |
into being, is,
or may become or may claim to be, entitled to |
any interest in the
property sought to be appropriated or |
damaged , the court shall appoint
some competent and |
disinterested person as guardian ad litem , to appear
for and |
represent that
such interest in the proceeding and to defend |
the
proceeding on behalf of the person not in being . Any
, and |
any judgment
entered in the proceeding shall be as effectual |
for all purposes
as though the person was in being and was a |
party to the proceeding. |
(c) If
the proceeding seeks to affect the property of |
persons under guardianship,
the guardians shall be made parties |
defendant. |
(d) Any interested persons
Persons interested, whose
names |
are unknown , may be made parties defendant by the same
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descriptions and in the same manner as provided in other civil |
cases. |
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(e) When
Where the property to be taken or damaged is a |
common element of
property subject to a declaration of |
condominium ownership , pursuant to the
Condominium Property |
Act , or of a common interest community, the complaint
shall |
name the unit owners' association in lieu of naming the |
individual
unit owners and lienholders on individual units. |
Unit owners, mortgagees ,
and other lienholders may intervene as |
parties defendant. For the purposes
of this Section, "common |
interest community" has
shall have the same meaning as
set |
forth in subsection (c) of Section 9-102 of the Code of Civil
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Procedure. "Unit owners' association" or "association" shall |
refer to both
the definition contained in Section 2 of the |
Condominium Property Act and
subsection (c) of Section 9-102 of |
the Code of Civil Procedure. |
(f) When
Where the property is sought to be taken or |
damaged by the State for the
purposes of establishing, |
operating , or maintaining any State house or
State charitable |
or other institutions or improvements, the complaint
shall be |
signed by the Governor , or the Governor's designee
or such |
other person as he or she shall
direct , or as otherwise
is
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provided by law. |
(g) No property, except property described in
either |
Section 3 of the Sports Stadium Act or Article 11, Division |
139, of
the Illinois Municipal Code and property described as |
Site B in Section 2
of the Metropolitan Pier and Exposition |
Authority Act, belonging to a
railroad or other public utility |
subject to the jurisdiction of the
Illinois Commerce Commission |
may be taken or damaged, pursuant to the
provisions of this Act
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Article , without the prior approval
of the Illinois Commerce |
Commission. This amendatory Act of 1991 (Public Act 87-760) is |
declaratory of existing law and is intended to remove possible |
ambiguities, thereby confirming the existing meaning of the |
Code of Civil Procedure and of the Illinois Municipal Code in |
effect before January 1, 1992 (the effective date of Public Act |
87-760). |
(Source: P.A. 89-683, eff.
6-1-97; 90-6, eff. 6-3-97.)
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(was 735 ILCS 5/7-102.1)
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Section 10-5-15
7-102.1 . State agency proceedings; |
information. |
(a) This Section applies only to the State and its |
agencies, and only
to matters arising after December 31, 1991.
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(b) Before any State agency initiates any proceeding under |
this
Act
Article , the agency must designate and provide for an |
appropriate person to
respond to requests arising from the |
notifications required under this
Section. The designated |
person may be an employee of the agency itself , or
an employee |
of any other appropriate State agency. The designated person
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shall respond to property owners' questions about the authority |
and
procedures of the State agency in acquiring property by |
condemnation , and
about the property owner's general rights |
under those procedures. However,
the designated person shall |
not provide property owners with specific legal
advice or |
specific legal referrals.
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(c) At the time of first contact with a property owner, |
whether in
person or by letter, the State agency shall advise |
the property owner , in
writing , of the following:
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(1) A description of the property that the agency seeks |
to acquire.
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(2) The name, address , and telephone number of the |
State official
designated under subsection (b) to answer |
the property owner's questions.
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(3) The identity of the State agency attempting to |
acquire the property.
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(4) The general purpose of the proposed acquisition.
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(5) The type of facility to be constructed on the |
property, if any.
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(d) At least 60 days before filing a petition with any |
court to initiate
a proceeding under this Act
Article , a State |
agency shall send a letter by
certified mail, return receipt |
requested, to the owner of the property to
be taken, giving the |
property owner the following information:
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(1) The amount of compensation for the taking of the
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property proposed by the agency , and the basis for |
computing it.
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(2) A statement that the agency continues to seek a |
negotiated
agreement with the property owner.
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(3) A statement that , in the absence of a negotiated |
agreement, it is
the intention of the agency to initiate a |
court proceeding under this Act
Article .
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The State agency shall maintain a record of the letters |
sent in
compliance with this Section for at least one year.
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(e) Any duty imposed on a State agency by this Section may |
be assumed by
the Office of the Attorney General, the Capital |
Development Board, or any
other agency of State government that |
is assisting or acting on behalf of
the State agency in the |
matter.
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(Source: P.A. 87-785.)
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(was 735 ILCS 5/7-113)
|
Section 10-5-20
7-113 . Construction easement. If
In any |
case where a taking is for a
construction easement
only, any |
structure that
which has been removed or taken shall be |
repaired,
reestablished , or relocated, at the option of the |
landowner, when the cost
of the action does not exceed the just |
compensation otherwise payable to
the landowner. |
(Source: P.A. 82-280.)
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(was 735 ILCS 5/7-114)
|
Section 10-5-25
7-114 . Service; notice. Service of summons |
and publication of
notice shall be made as
in other civil |
cases. |
(Source: P.A. 82-280.)
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(was 735 ILCS 5/7-115)
|
Section 10-5-30
7-115 . Hearing. Except as provided in |
Sections 20-5-10, 20-5-15, 20-5-20, and 20-5-45
7-404, 7-105, |
7-106 and 7-111 of this Act, no cause shall be heard earlier |
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than 20 days after
service upon defendant or upon due |
publication against non-residents.
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Any number of separate parcels of property, situated in the |
same
county, may be included in one complaint, and the |
compensation for each
shall be assessed separately by the same |
or different juries, as the
court may direct.
|
Amendments to the complaint, or to any paper or record in |
the cause,
may be permitted whenever necessary to a fair trial |
and final
determination of the questions involved.
|
Should it become necessary at any stage of the proceedings |
to bring in a
new party in the litigation, the court has the |
power to : (i) make any
such rule or order
in relation thereto |
as may be deemed reasonable and proper ; (ii)
and has the power |
to
make all necessary rules and orders for notice to parties of |
the pendency of
the proceedings ; , and (iii)
to issue all |
process necessary to the enforcement of
orders and judgments. |
(Source: P.A. 83-707.)
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(was 735 ILCS 5/7-116)
|
Section 10-5-35
7-116 . Challenge of jurors. The plaintiff, |
and every party interested
in the ascertaining of compensation, |
shall have the same right of challenge of
jurors as in other |
civil cases in the circuit courts. |
(Source: P.A. 82-280.)
|
(was 735 ILCS 5/7-117)
|
Section 10-5-40
7-117 . Oath of jury. When the jury is |
selected, the court shall
cause the following oath to be |
administered to the jury:
|
You and each of you do solemnly swear that you will well |
and truly
ascertain and report just compensation to the owner |
(and each owner) of
the property which it is sought to take or |
damage in this case, and to
each person therein interested, |
according to the facts in the case, as
the same may appear by |
the evidence, and that you will truly
report such compensation |
so ascertained: so help you God. |
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(Source: P.A. 82-280.)
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(was 735 ILCS 5/7-118)
|
Section 10-5-45
7-118 . View of premises ; jury's report . The |
jury shall, at the request of either
party, go upon the land |
sought to be taken or damaged, in person, and examine
the same . |
After , and after hearing the proof offered , the jury shall make |
its report in writing . The report , and
the same shall be |
subject to amendment by the jury, under the direction of the
|
court, so as to clearly set forth and show the compensation |
ascertained to each
person thereto entitled, and the verdict |
shall thereupon be recorded. However,
no benefits or advantages |
which may accrue to lands or property affected shall
be set off |
against or deducted from such compensation, in any case. |
(Source: P.A. 82-280.)
|
(was 735 ILCS 5/7-119)
|
Section 10-5-50
7-119 . Admissibility of evidence. Evidence |
is admissible as to :
(1) any benefit to the
landowner that will |
result from the public improvement for which the
eminent domain |
proceedings were instituted; (2) any unsafe, unsanitary,
|
substandard , or other illegal condition, use , or occupancy of |
the
property, including any violation of any environmental law
|
or regulation; (3) the effect of such condition on income from |
or the fair
market value of the property;
and (4) the |
reasonable cost of causing the property to be placed in a
legal |
condition, use , or occupancy, including compliance with |
environmental
laws and regulations. Such evidence is |
admissible
notwithstanding the absence of any official action |
taken to require the
correction or abatement of the
such
|
illegal condition, use , or occupancy. |
(Source: P.A. 90-393, eff. 1-1-98.)
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(was 735 ILCS 5/7-120)
|
Section 10-5-55
7-120 . Special benefits. In assessing |
damages or compensation for any taking or
property acquisition |
|
under this Act
Article , due consideration shall be given to
any |
special benefit that will result to the property owner from any
|
public improvement to be erected on the property. This Section |
is
applicable to all private property taken or acquired for |
public use and
applies whether damages or compensation are |
fixed by negotiation, by
a court, or by a jury. |
(Source: P.A. 82-280.)
|
(was 735 ILCS 5/7-121)
|
Section 10-5-60
7-121 . Value. Except as to property |
designated as possessing a special use, the
fair cash market |
value of property in a proceeding in eminent domain
shall be |
the amount of money that
which a purchaser, willing , but not
|
obligated , to buy the property, would pay to an owner willing ,
|
but not
obliged , to sell in a voluntary sale . , which |
For the acquisition or damaging of property under the |
O'Hare Modernization Act, the amount shall be determined as of |
the date of filing the complaint to condemn. For the |
acquisition of other property, the amount of money shall be
|
determined and ascertained as of the date of filing the |
complaint to
condemn , except that: |
(i) in the case of property not being acquired under |
Article 20 (quick-take), if the trial commences more than 2 |
years after the date of filing the complaint to condemn, |
the court may, in the interest of justice and equity, |
declare a valuation date no sooner than the date of filing |
the complaint to condemn and no later than the date of |
commencement of the trial; and |
(ii) in the case of property that is being acquired |
under Article 20 (quick-take), if the trial commences more |
than 2 years after the date of filing the complaint to |
condemn, the court may, in the interest of justice and |
equity, declare a valuation date no sooner than the date of |
filing the complaint to condemn and no later than the date |
on which the condemning authority took title to the |
property . |
|
In the condemnation of property for a public
improvement ,
|
there shall be excluded from the fair cash market value of the |
property
such amount of money
any
appreciation in value |
proximately caused by the
such
improvement , and any
|
depreciation in value proximately caused by the
such
|
improvement. However,
such appreciation or depreciation shall |
not be excluded
when
where property is condemned for a separate |
project conceived
independently of and subsequent to the |
original project. |
(Source: P.A. 82-280.)
|
Section 10-5-62. Relocation costs. Except when federal |
funds are available for the payment of direct financial |
assistance to persons displaced by the acquisition of their |
real property, in all condemnation proceedings for the taking |
or damaging of real property under the exercise of the power of |
eminent domain, the condemning authority shall pay to displaced |
persons reimbursement for their reasonable relocation costs, |
determined in the same manner as under the federal Uniform |
Relocation Assistance and Real Property Acquisition Policies |
Act of 1970, as amended from time to time, and as implemented |
by regulations promulgated under that Act. This Section does |
not apply to the acquisition or damaging of property under the |
O'Hare Modernization Act.
|
(was 735 ILCS 5/7-122)
|
Section 10-5-65
7-122 . Reimbursement ; inverse |
condemnation . When
Where the condemning authority
State of |
Illinois, a political subdivision
of the State or
a |
municipality is required by a court to initiate condemnation
|
proceedings for the actual physical taking of real property, |
the court
rendering judgment for the property owner and |
awarding just compensation
for the
such taking shall determine |
and award or allow to the property
owner, as part of that |
judgment or award, further sums , as will , in
the opinion of the |
court, reimburse the property owner for the owner's
reasonable |
|
costs, disbursements , and expenses, including reasonable
|
attorney, appraisal , and engineering fees actually incurred by |
the
property owner in those proceedings. |
(Source: P.A. 82-280.)
|
(was 735 ILCS 5/7-123)
|
Section 10-5-70
7-123 . Judgments. |
(a) If the plaintiff is not in possession pursuant to an |
order
entered under the provisions of Section 20-5-15 of this |
Act,
7-105 of this Article the
court, upon the report of the |
jury under Section 10-5-45
such report, or upon the court's |
ascertainment and finding
of the just compensation when
where
|
there was no jury, shall proceed to
adjudge and make such order |
as to right and justice shall pertain,
ordering that the |
plaintiff shall enter upon the
such property and the use of the
|
property
same upon payment of full compensation as ascertained,
|
within a reasonable time to be fixed by the court . That , and |
such order, together with
evidence of such payment, shall |
constitute complete justification of the
taking of the
such
|
property. Thereupon, the court in the same eminent domain
|
proceeding in which such
the orders have been made , shall have |
exclusive
authority to hear and determine all rights in and to |
such just
compensation and shall make findings as to the rights |
of the parties
therein , which shall be paid by the county |
treasurer out of the
respective awards deposited with him or |
her , as provided in Section 10-5-85
7-126 of this
Act, except |
when
where the parties claimant are engaged in litigation in a
|
court having acquired jurisdiction of the parties with respect |
to their
rights in the property condemned prior to the time of |
the filing of the
complaint to condemn. Appeals may be taken |
from any findings by the court
as to the rights of the parties |
in and to the
such compensation paid to the
county treasurer as |
in other civil cases. |
If in such case the plaintiff
dismisses the complaint |
before the entry of the order by the court
first mentioned in |
this subsection (a) or fails to make payment of
full |
|
compensation within the time named in that
such order , or if |
the final
judgment is that the plaintiff cannot acquire the |
property by
condemnation, the court shall, upon the application |
of the
defendants or any of them, enter an such order in the |
such
action for the payment by the plaintiff of all costs, |
expenses , and
reasonable attorney fees paid or incurred by the
|
of such defendant or defendants paid or
incurred by such
|
defendant or defendants in defense of the complaint, as
upon |
the hearing of the
such application shall be right and just, |
and also
for the payment of the taxable costs.
|
(b) If
In case the plaintiff is in possession pursuant to |
an order
entered under the provisions of Section 20-5-15 of |
this Act and if Section
20-5-45
7-105 of this Act and if |
Section 7-111 of this Act is inapplicable, then the court, upon |
the jury's report under Section 10-5-45 of this Act ,
or upon |
the court's determination of just compensation if there was no
|
jury, shall enter an order setting forth the amount of just
|
compensation so finally ascertained and ordering and directing |
the
payment of any amount of just compensation
thereof that may |
remain due to any of the
interested parties, directing the |
return of any excess in the deposit
remaining with the clerk of |
the court, and directing the refund of any
excess amount |
withdrawn from the deposit by any of the interested
parties , as |
the case may be . |
(Source: P.A. 83-707.)
|
(was 735 ILCS 5/7-124)
|
Section 10-5-75
7-124 . Intervening petition. Any person |
not made a party may
become a party
such by filing an
|
intervening petition , setting forth that the petitioner is the |
owner or has an
interest in property that , and which will be |
taken or damaged by the proposed
work . The ; and the rights of |
the
such petitioner shall thereupon be
fully considered and |
determined. |
(Source: P.A. 82-280.)
|
|
(was 735 ILCS 5/7-125)
|
Section 10-5-80
7-125 . Bond; use of premises. When
In cases |
in which compensation
is ascertained , as provided in this Act
|
hereinabove stated ,
if the party in whose favor the |
compensation
same is ascertained
appeals the
such order or |
judgment ascertaining just compensation , the plaintiff shall, |
notwithstanding, have the
right to enter upon the use of the |
property upon entering into bond,
with sufficient surety, |
payable to the party interested in the
such
compensation, |
conditioned for the payment of such compensation in the amount
|
as may be
finally adjudged in the case , and , in case of appeal |
by the plaintiff, the plaintiff
shall enter into like bond with |
approved surety. The bonds
shall be approved by the court in |
which the
wherein such proceeding is had ,
and executed and |
filed within the
such time as shall be fixed by the court.
|
However, if the plaintiff is the State of Illinois , no
bond |
shall be required. |
(Source: P.A. 82-280.)
|
(was 735 ILCS 5/7-126)
|
Section 10-5-85
7-126 . Payment to county treasurer. |
Payment of the final compensation
adjudged, including any |
balance
remaining due because of the insufficiency of any |
deposit made under
Section 20-5-15
7-105 of this Act to satisfy |
in full the amount finally adjudged
to be just compensation, |
may be made in all cases to the county
treasurer, who shall |
receive and disburse the final compensation,
same subject to an
|
order of
the court , as provided in subsection (a) of Section |
10-5-70
7-123 of
this Act or payment
may be made to the party |
entitled or , his, her , or their
guardian. |
(Source: P.A. 83-707.)
|
(was 735 ILCS 5/7-127)
|
Section 10-5-90
7-127 .
Distribution of compensation. The |
amount of just compensation shall be distributed among all
|
persons having an interest in the property according to the |
|
fair value
of their legal or equitable interests. If there is a |
contract for deed
to the property, the contract shall be |
abrogated and the amount of just
compensation distributed by |
allowing to the purchaser on the contract
for deed : (1) an |
amount equal to the down payment on the contract ; , (2) an
|
amount equal to the monthly payments made on the contract, less |
interest
and an amount equal to the fair rental value of the |
property for the
period the purchaser has enjoyed the use of |
the property under the
contract ; , and (3) an amount equal to |
amounts expended on improvements to
the extent the expenditures |
increased the fair market value of the
property ;
, and by |
allowing to the seller on the contract for deed the
amount of |
just compensation after allowing for amounts distributed under
|
(1), (2) , and (3) of this Section. However, the contract |
purchaser may
pay to the contract seller , the amount to be paid |
on the
such contract , and
shall then be entitled to the amount |
of just compensation paid by the
condemnor either through |
negotiation or awarded in judicial proceedings. |
(Source: P.A. 82-280.)
|
(was 735 ILCS 5/7-128)
|
Section 10-5-95
7-128 . Verdict and judgment to be filed of |
record. The court shall
cause the verdict of the jury and
the |
judgment of the court to be filed of record. |
(Source: P.A. 82-280.)
|
(was 735 ILCS 5/7-129)
|
Section 10-5-100
7-129 . Lands of State institutions not |
taken. No part of any land
heretofore or hereafter conveyed |
before, on, or after the effective date of this Act to the |
State of Illinois,
for the use of any benevolent institutions |
of the State (or to any such
institutions), shall be entered |
upon, appropriated, or used by any railroad
or other company |
for railroad or other purposes, without the previous consent
of |
the General Assembly . No ; and no court or other tribunal shall |
have or entertain
jurisdiction of any proceeding instituted or |
|
to be instituted for the purpose
of appropriating any such land |
for any of the purposes stated in this Section
above , without |
that
such previous consent. |
(Source: P.A. 83-707.) |
Section 10-5-105. Sale of certain property acquired by |
condemnation. |
(a) This Section applies only to property that (i) has been |
acquired after the effective date of this Act by condemnation |
or threat of condemnation, (ii) was acquired for public |
ownership and control by the condemning authority or another |
public entity, and (iii) has been under the ownership and |
control of the condemning authority or that other public entity |
for a total of less than 5 years. |
As used in this Section, "threat of condemnation" means |
that the condemning authority has made an offer to purchase |
property and has the authority to exercise the power of eminent |
domain with respect to that property. |
(b) Any governmental entity seeking to dispose of property |
to which this Section applies must dispose of that property in |
accordance with this Section, unless disposition of that |
property is otherwise specifically authorized or prohibited by |
law enacted by the General Assembly before, on, or after the |
effective date of this Act. |
(c) The sale or public auction by the State of property to |
which this Section applies must be conducted in the manner |
provided in the State Property Control Act for the disposition |
of surplus property. |
(d) The sale or public auction by a municipality of |
property to which this Section applies must be conducted in |
accordance with Section 11-76-4.1 or 11-76-4.2 of the Illinois |
Municipal Code. |
(e) The sale or public auction by any other unit of local |
government or school district of property to which this Section |
applies must be conducted in accordance with this subsection |
(e). The corporate
authorities of the the unit of local |
|
government or school district, by resolution, may authorize the |
sale or public
auction of
the property as surplus public real |
estate. The value of the real estate shall be
determined by a |
written MAI-certified appraisal or by a written certified
|
appraisal of a State-certified or State-licensed real estate |
appraiser. The
appraisal shall be available for public |
inspection. The resolution may direct
the sale to be conducted |
by the staff of the unit of local government or school |
district; by
listing
with local licensed real estate agencies, |
in which case the terms of the
agent's compensation shall be |
included in the resolution; or by public
auction. The |
resolution
shall be published at the first opportunity |
following its passage in a
newspaper or newspapers published in |
the county or counties in which the unit of local government or |
school district is located. The resolution
shall also contain |
pertinent information concerning the size, use, and
zoning of |
the real estate and the terms of sale. The corporate |
authorities of the unit of local government or school district |
may accept any contract proposal determined by them to be in |
the best
interest of the unit of local government or school |
district by a vote of two-thirds of
the
members of the |
corporate authority of the unit of local government or school |
district then holding office, but in no event at a price
less
|
than 80% of the appraised value. |
(f) This Section does not apply to the acquisition or |
damaging of property under the O'Hare Modernization Act. |
Section 10-5-110. Offers of settlement by defendant; |
attorney's fees and litigation expenses. |
(a) This Section applies only to proceedings for the |
acquisition of property for private ownership or control that |
are subject to subsection (c), (d), (e), or (f) of Section |
5-5-5. |
(b) At any time between (i) the close of discovery in |
accordance with Supreme Court Rule 218(c), as now or hereafter |
amended, or another date set by the court or agreed to by the |
|
parties, and (ii) 14 days before the commencement of trial to |
determine final just compensation, any defendant may serve upon |
the plaintiff a written offer setting forth the amount of |
compensation that the defendant will accept for the taking of |
that defendant's interest in the property. If the defendant |
does not make such an offer, the defendant shall not be |
entitled to the attorney's fees and other reimbursement |
provided under subsection (e) of this Section. |
(c) If, within 10 days after service of the offer, the |
plaintiff serves written notice upon that defendant that the |
offer is accepted, then either of those parties may file a copy |
of the offer and a copy of the notice of acceptance together |
with proof of service of the notice. The court shall then enter |
judgment. |
(d) An offer that is not accepted within the 10-day period |
is deemed to be withdrawn and evidence of the offer is not |
admissible at trial. |
(e) If a plaintiff does not accept an offer as provided in |
subsection (c) and if the final just compensation for the |
defendant's interest is determined by the trier of fact to be |
equal to or in excess of the amount of the defendant's last |
written offer under subsection (b), then the court must order |
the plaintiff to pay to the defendant that defendant's |
attorney's fees as calculated under subsection (f) of this |
Section. The plaintiff shall also pay to the defendant that |
defendant's reasonable costs and litigation expenses, |
including, without limitation, expert witness and appraisal |
fees, incurred after the making of the defendant's last written |
offer under subsection (b). |
(f) Any award of attorney's fees under this Section shall |
be based solely on the net benefit achieved for the property |
owner, except that the court may also consider any non-monetary |
benefits obtained for the property owner through the efforts of |
the attorney to the extent that the non-monetary benefits are |
specifically identified by the court and can be quantified by |
the court with a reasonable degree of certainty. "Net benefit" |
|
means the difference, exclusive of interest, between the final |
judgment or settlement and the last written offer made by the |
condemning authority before the filing date of the condemnation |
complaint. The award shall be calculated as follows, subject to |
the Illinois Rules of Professional Conduct: |
(1) 33% of the net benefit if the net benefit is |
$250,000 or less; |
(2) 25% of the net benefit if the net benefit is more |
than $250,000 but less than $1 million; or |
(3) 20% of the net benefit if the net benefit is $1 |
million or more. |
(g) This Section does not apply to the acquisition of |
property under the O'Hare Modernization Act. |
Section 10-5-115. Eligible costs. Any cost required to be |
paid by a condemning authority under this Act, including, but |
not limited to, relocation costs and attorney's fees, shall be |
deemed a redevelopment project cost or eligible cost under the |
statute pursuant to which the condemning authority exercised |
its power of eminent domain, even if those costs are not |
identified as such as of the effective date of this Act. |
Article 15. Express Eminent Domain Power |
Part 1. General Provisions |
Section 15-1-5. Grants of power in other statutes; this Act |
controls. The State of Illinois and its various subdivisions |
and agencies, and all units of local government, school |
districts, and other entities, have the powers of condemnation |
and eminent domain that are (i) expressly provided in this Act |
or (ii) expressly provided in any other provision of law. Those |
powers may be exercised, however, only in accordance with this |
Act. If any power of condemnation or eminent domain that arises |
under any other provision of law is in conflict with this Act, |
this Act controls. This Section does not apply to the |
|
acquisition or damaging of property under the O'Hare |
Modernization Act. |
Part 5. List of Eminent Domain Powers |
Section 15-5-1. Form and content of list. The Sections of |
this Part 5 are intended to constitute a list of the Sections |
of the Illinois Compiled Statutes that include express grants |
of the power to acquire property by condemnation or eminent |
domain. |
The list is intended to be comprehensive, but there may be |
accidental omissions and inclusions. Inclusion in the list does |
not create a grant of power, and it does not continue or revive |
a grant of power that has been amended or repealed or is no |
longer applicable. Omission from the list of a statute that |
includes an express grant of the power to acquire property by |
condemnation or eminent domain does not invalidate that grant |
of power. |
The list does not include the grants of quick-take power |
that are set forth in Article 25 of this Act, nor any other |
grants of power that are expressly granted under the other |
provisions of this Act. |
Items in the list are presented in the following form: |
ILCS citation; short title of the Act; condemning authority; |
brief statement of purpose for which the power is granted. |
Section 15-5-5. Eminent domain powers in ILCS Chapters 5 |
through 40. The following provisions of law may include express |
grants of the power to acquire property by condemnation or |
eminent domain: |
(5 ILCS 220/3.1); Intergovernmental Cooperation Act; |
cooperating entities; for Municipal Joint Action Water |
Agency purposes.
|
(5 ILCS 220/3.2); Intergovernmental Cooperation Act; |
cooperating entities; for Municipal Joint Action Agency |
|
purposes. |
(5 ILCS 585/1); National Forest Land Act; United States of |
America; for national forests.
|
(15 ILCS 330/2); Secretary of State Buildings in Cook County |
Act; Secretary of State; for office facilities in Cook |
County.
|
(20 ILCS 5/5-675); Civil Administrative Code of Illinois; the |
Secretary of Transportation, the Director of Natural |
Resources, and the Director of Central Management |
Services; for lands, buildings, and grounds for which an |
appropriation is made by the General Assembly.
|
(20 ILCS 620/9); Economic Development Area Tax Increment |
Allocation Act; municipalities; to achieve the objectives |
of the economic development project.
|
(20 ILCS 685/1); Particle Accelerator Land Acquisition Act; |
Department of Commerce and Economic Opportunity; for a |
federal high energy BEV Particle Accelerator.
|
(20 ILCS 835/2); State Parks Act; Department of Natural |
Resources; for State parks.
|
(20 ILCS 1110/3); Illinois Coal and Energy Development Bond |
Act; Department of Commerce and Economic Opportunity; for |
coal projects.
|
(20 ILCS 1920/2.06); Abandoned Mined Lands and Water |
Reclamation Act; Department of Natural Resources; for |
reclamation purposes.
|
(20 ILCS 1920/2.08); Abandoned Mined Lands and Water |
Reclamation Act; Department of Natural Resources; for |
reclamation purposes and for the construction or |
rehabilitation of housing.
|
(20 ILCS 1920/2.11); Abandoned Mined Lands and Water |
Reclamation Act; Department of Natural Resources; for |
eliminating hazards.
|
(20 ILCS 3105/9.08a); Capital Development Board Act; Capital |
Development Board; for lands, buildings and grounds for |
which an appropriation is made by the General Assembly.
|
(20 ILCS 3110/5); Building Authority Act; Capital Development |
|
Board; for purposes declared by the General Assembly to be |
in the public interest.
|
(40 ILCS 5/15-167); Illinois Pension Code; State Universities |
Retirement System; for real estate acquired for the use of |
the System. |
Section 15-5-10. Eminent domain powers in ILCS Chapters 45 |
through 65. The following provisions of law may include express |
grants of the power to acquire property by condemnation or |
eminent domain: |
(45 ILCS 30/3); Quad Cities Interstate Metropolitan Authority |
Compact Act; Quad Cities Interstate Metropolitan |
Authority; for the purposes of the Authority.
|
(45 ILCS 35/40); Quad Cities Interstate Metropolitan Authority |
Act; Quad Cities Interstate Metropolitan Authority; for |
metropolitan facilities.
|
(45 ILCS 110/1); Bi-State Development Powers Act; Bi-State |
Development Agency; for the purposes of the Bi-State |
Development Agency.
|
(50 ILCS 20/14); Public Building Commission Act; public |
building commissions; for general purposes.
|
(50 ILCS 30/6.4); Exhibition Council Act; exhibition councils; |
for council purposes.
|
(50 ILCS 605/4); Local Government Property Transfer Act; State |
of Illinois; for the removal of any restriction on land |
transferred to the State by a municipality.
|
(55 ILCS 5/5-1095); Counties Code; counties; for easements for |
community antenna television systems.
|
(55 ILCS 5/5-1119); Counties Code; any county that is bordered |
by the Mississippi River and that has a population in |
excess of 62,000 but less than 80,000; for the operation of |
ferries.
|
(55 ILCS 5/5-11001); Counties Code; counties; for motor vehicle |
parking lots or garages.
|
(55 ILCS 5/5-15007); Counties Code; counties; for water supply, |
|
drainage, and flood control, including bridges, roads, and |
waste management.
|
(55 ILCS 5/5-15009); Counties Code; counties; for water supply, |
drainage, and flood control.
|
(55 ILCS 5/5-30021); Counties Code; county preservation |
commissions; for historic preservation purposes.
|
(55 ILCS 85/9); County Economic Development Project Area |
Property
Tax Allocation Act; counties; for the objectives |
of the economic development plan.
|
(55 ILCS 90/60); County Economic Development Project Area Tax |
Increment
Allocation Act of 1991; counties; for the |
objectives of the economic development project.
|
(60 ILCS 1/115-20, 1/115-30, 1/115-35, 1/115-40, 1/115-55, and |
1/115-120); Township Code; townships with a population |
over 250,000; for an open space program.
|
(60 ILCS 1/120-10); Township Code; townships; for park |
purposes.
|
(60 ILCS 1/130-5); Township Code; townships; for cemeteries.
|
(60 ILCS 1/130-30); Township Code; any 2 or more cities, |
villages, or townships; for joint cemetery purposes.
|
(60 ILCS 1/135-5); Township Code; any 2 or more townships or |
road districts; for joint cemetery purposes.
|
(60 ILCS 1/205-40); Township Code; townships; for waterworks |
and sewerage systems.
|
(65 ILCS 5/Art. 9, Div. 2); Illinois Municipal Code; |
municipalities; for local improvements.
|
(65 ILCS 5/11-11-1); Illinois Municipal Code; municipalities; |
for the rehabilitation or redevelopment of blighted areas |
and urban community conservation areas.
|
(65 ILCS 5/11-12-8); Illinois Municipal Code; municipalities; |
for acquiring land for public purposes as designated on |
proposed subdivision plats.
|
(65 ILCS 5/11-13-17); Illinois Municipal Code; municipalities; |
for nonconforming structures under a zoning ordinance and |
for areas blighted by substandard buildings.
|
(65 ILCS 5/11-19-10); Illinois Municipal Code; municipalities; |
|
for waste disposal purposes.
|
(65 ILCS 5/11-28-1); Illinois Municipal Code; municipalities; |
for municipal hospital purposes.
|
(65 ILCS 5/11-29.3-1); Illinois Municipal Code; |
municipalities; for senior citizen housing.
|
(65 ILCS 5/11-42-11); Illinois Municipal Code; municipalities; |
for easements for community antenna television systems.
|
(65 ILCS 5/11-45.1-2); Illinois Municipal Code; |
municipalities; for establishing cultural centers.
|
(65 ILCS 5/11-48.2-2); Illinois Municipal Code; |
municipalities; for historical preservation purposes.
|
(65 ILCS 5/11-52.1-1); Illinois Municipal Code; |
municipalities; for cemeteries.
|
(65 ILCS 5/11-52.1-3); Illinois Municipal Code; any 2 or more |
cities, villages, or townships; for joint cemetery |
purposes.
|
(65 ILCS 5/11-61-1); Illinois Municipal Code; municipalities; |
for municipal purposes or public welfare.
|
(65 ILCS 5/11-61-1a); Illinois Municipal Code; municipality |
with a population over 500,000; quick-take power for rapid |
transit lines (obsolete).
|
(65 ILCS 5/11-63-5); Illinois Municipal Code; municipalities; |
for community buildings.
|
(65 ILCS 5/11-65-3); Illinois Municipal Code; municipalities; |
for municipal convention hall purposes.
|
(65 ILCS 5/11-66-10); Illinois Municipal Code; municipalities; |
for a municipal coliseum.
|
(65 ILCS 5/11-68-4); Illinois Municipal Code; board of stadium |
and athletic field commissioners; for a stadium and |
athletic field.
|
(65 ILCS 5/11-69-1); Illinois Municipal Code; any 2 or more |
municipalities with the same or partly the same territory; |
for their joint municipal purposes.
|
(65 ILCS 5/11-71-1); Illinois Municipal Code; municipalities; |
for parking facilities.
|
(65 ILCS 5/11-71-10); Illinois Municipal Code; municipalities; |
|
for the removal of a lessee's interest in the leased space |
over a municipally-owned parking lot.
|
(65 ILCS 5/11-74.2-8); Illinois Municipal Code; |
municipalities; for carrying out a final commercial |
redevelopment plan.
|
(65 ILCS 5/11-74.2-9); Illinois Municipal Code; |
municipalities; for commercial renewal and redevelopment |
areas.
|
(65 ILCS 5/11-74.3-3); Illinois Municipal Code; |
municipalities; for business district development or |
redevelopment.
|
(65 ILCS 5/11-74.4-4); Illinois Municipal Code; |
municipalities; for redevelopment project areas.
|
(65 ILCS 5/11-74.6-15); Illinois Municipal Code; |
municipalities; for projects under the Industrial Jobs |
Recovery Law.
|
(65 ILCS 5/11-75-5); Illinois Municipal Code; municipalities; |
for the removal of a lessee's interest in a building |
erected on space leased by the municipality.
|
(65 ILCS 5/11-80-21); Illinois Municipal Code; municipalities; |
for construction of roads or sewers on or under the track, |
right-of-way, or land of a railroad company.
|
(65 ILCS 5/11-87-3); Illinois Municipal Code; municipalities; |
for non-navigable streams.
|
(65 ILCS 5/11-87-5); Illinois Municipal Code; municipalities; |
for improvements along re-channeled streams.
|
(65 ILCS 5/11-92-3); Illinois Municipal Code; municipalities; |
for harbors for recreational use.
|
(65 ILCS 5/11-93-1); Illinois Municipal Code; municipalities; |
for bathing beaches and recreation piers.
|
(65 ILCS 5/11-94-1); Illinois Municipal Code; municipalities |
with a population of less than 500,000; for recreational |
facilities.
|
(65 ILCS 5/11-97-2); Illinois Municipal Code; municipalities; |
for driveways to parks owned by the municipality outside |
its corporate limits.
|
|
(65 ILCS 5/11-101-1); Illinois Municipal Code; municipalities; |
for public airport purposes.
|
(65 ILCS 5/11-102-4); Illinois Municipal Code; municipalities |
with a population over 500,000; for public airport |
purposes.
|
(65 ILCS 5/11-103-2); Illinois Municipal Code; municipalities |
with a population under 500,000; for public airport |
purposes.
|
(65 ILCS 5/11-110-3); Illinois Municipal Code; municipalities; |
for drainage purposes.
|
(65 ILCS 5/11-112-6); Illinois Municipal Code; municipalities; |
for levees, protective embankments, and structures.
|
(65 ILCS 5/11-117-1, 5/11-117-4, 5/11-117-7, and 5/11-117-11); |
Illinois Municipal Code; municipalities; for public |
utility purposes.
|
(65 ILCS 5/11-119.1-5, 5/11-119.1-7, and 5/11-119.1-10); |
Illinois Municipal Code; municipal power agencies; for |
joint municipal electric power agency purposes.
|
(65 ILCS 5/11-119.2-5 and 5/11-119.2-7); Illinois Municipal |
Code; municipal natural gas agencies; for joint municipal |
natural gas agency purposes.
|
(65 ILCS 5/11-121-2); Illinois Municipal Code; municipalities; |
for constructing and operating subways.
|
(65 ILCS 5/11-122-3); Illinois Municipal Code; municipalities; |
for street railway purposes.
|
(65 ILCS 5/1-123-4 and 5/11-123-24); Illinois Municipal Code; |
municipalities; for harbor facilities.
|
(65 ILCS 5/11-125-2); Illinois Municipal Code; municipalities; |
for waterworks purposes.
|
(65 ILCS 5/11-126-3); Illinois Municipal Code; municipalities; |
for water supply purposes, including joint construction of |
waterworks.
|
(65 ILCS 5/11-130-9); Illinois Municipal Code; municipalities; |
for waterworks purposes.
|
(65 ILCS 5/11-135-6); Illinois Municipal Code; municipal water |
commission; for waterworks purposes, including quick-take |
|
power.
|
(65 ILCS 5/11-136-6); Illinois Municipal Code; municipal sewer |
or water commission; for waterworks and sewer purposes.
|
(65 ILCS 5/11-138-2); Illinois Municipal Code; water |
companies; for pipes and waterworks.
|
(65 ILCS 5/11-139-12); Illinois Municipal Code; |
municipalities; for waterworks and sewerage systems.
|
(65 ILCS 5/11-140-3 and 5/11-140-5); Illinois Municipal Code; |
municipalities; for outlet sewers and works.
|
(65 ILCS 5/11-141-10); Illinois Municipal Code; |
municipalities; for sewerage systems.
|
(65 ILCS 5/11-148-6); Illinois Municipal Code; municipalities; |
for sewage disposal plants.
|
(65 ILCS 20/21-19 and 20/21-21); Revised Cities and Villages |
Act of 1941; City of Chicago; for municipal purposes or |
public welfare.
|
(65 ILCS 100/3); Sports Stadium Act; municipality with a |
population over 2,000,000; for sports stadium purposes, |
including quick-take power (obsolete).
|
(65 ILCS 110/60); Economic Development Project Area Tax |
Increment Allocation Act of
1995; municipalities; for |
economic development projects. |
Section 15-5-15. Eminent domain powers in ILCS Chapters 70 |
through 75. The following provisions of law may include express |
grants of the power to acquire property by condemnation or |
eminent domain: |
(70 ILCS 5/8.02 and 5/9); Airport Authorities Act; airport |
authorities; for public airport facilities.
|
(70 ILCS 5/8.05 and 5/9); Airport Authorities Act; airport |
authorities; for removal of airport hazards.
|
(70 ILCS 5/8.06 and 5/9); Airport Authorities Act; airport |
authorities; for reduction of the height of objects or |
structures.
|
(70 ILCS 10/4); Interstate Airport Authorities Act; interstate |
|
airport authorities; for general purposes.
|
(70 ILCS 15/3); Kankakee River Valley Area Airport Authority |
Act; Kankakee River Valley Area Airport Authority; for |
acquisition of land for airports.
|
(70 ILCS 200/2-20); Civic Center Code; civic center |
authorities; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/5-35); Civic Center Code; Aledo Civic Center |
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/10-15); Civic Center Code; Aurora Metropolitan |
Exposition, Auditorium and Office Building Authority; for |
grounds, centers, buildings, and parking.
|
(70 ILCS 200/15-40); Civic Center Code; Benton Civic Center |
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/20-15); Civic Center Code; Bloomington Civic |
Center Authority; for grounds, centers, buildings, and |
parking.
|
(70 ILCS 200/35-35); Civic Center Code; Brownstown Park |
District Civic Center Authority; for grounds, centers, |
buildings, and parking.
|
(70 ILCS 200/40-35); Civic Center Code; Carbondale Civic Center |
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/55-60); Civic Center Code; Chicago South Civic |
Center Authority; for grounds, centers, buildings, and |
parking.
|
(70 ILCS 200/60-30); Civic Center Code; Collinsville |
Metropolitan Exposition, Auditorium and Office Building |
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/70-35); Civic Center Code; Crystal Lake Civic |
Center Authority; for grounds, centers, buildings, and |
parking.
|
(70 ILCS 200/75-20); Civic Center Code; Decatur Metropolitan |
Exposition, Auditorium and Office Building Authority; for |
grounds, centers, buildings, and parking.
|
(70 ILCS 200/80-15); Civic Center Code; DuPage County |
Metropolitan Exposition, Auditorium and Office Building |
Authority; for grounds, centers, buildings, and parking.
|
|
(70 ILCS 200/85-35); Civic Center Code; Elgin Metropolitan |
Exposition, Auditorium and Office Building Authority; for |
grounds, centers, buildings, and parking.
|
(70 ILCS 200/95-25); Civic Center Code; Herrin Metropolitan |
Exposition, Auditorium and Office Building Authority; for |
grounds, centers, buildings, and parking.
|
(70 ILCS 200/110-35); Civic Center Code; Illinois Valley Civic |
Center Authority; for grounds, centers, buildings, and |
parking.
|
(70 ILCS 200/115-35); Civic Center Code; Jasper County Civic |
Center Authority; for grounds, centers, buildings, and |
parking.
|
(70 ILCS 200/120-25); Civic Center Code; Jefferson County |
Metropolitan Exposition, Auditorium and Office Building |
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/125-15); Civic Center Code; Jo Daviess County |
Civic Center Authority; for grounds, centers, buildings, |
and parking.
|
(70 ILCS 200/130-30); Civic Center Code; Katherine Dunham |
Metropolitan Exposition, Auditorium and Office Building |
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/145-35); Civic Center Code; Marengo Civic Center |
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/150-35); Civic Center Code; Mason County Civic |
Center Authority; for grounds, centers, buildings, and |
parking.
|
(70 ILCS 200/155-15); Civic Center Code; Matteson Metropolitan |
Civic Center Authority; for grounds, centers, buildings, |
and parking.
|
(70 ILCS 200/160-35); Civic Center Code; Maywood Civic Center |
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/165-35); Civic Center Code; Melrose Park |
Metropolitan Exposition Auditorium and Office Building |
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/170-20); Civic Center Code; certain Metropolitan |
Exposition, Auditorium and Office Building Authorities; |
|
for general purposes.
|
(70 ILCS 200/180-35); Civic Center Code; Normal Civic Center |
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/185-15); Civic Center Code; Oak Park Civic Center |
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/195-35); Civic Center Code; Ottawa Civic Center |
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/200-15); Civic Center Code; Pekin Civic Center |
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/205-15); Civic Center Code; Peoria Civic Center |
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/210-35); Civic Center Code; Pontiac Civic Center |
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/215-15); Civic Center Code; Illinois Quad City |
Civic Center Authority; for grounds, centers, buildings, |
and parking.
|
(70 ILCS 200/220-30); Civic Center Code; Quincy Metropolitan |
Exposition, Auditorium and Office Building Authority; for |
grounds, centers, buildings, and parking.
|
(70 ILCS 200/225-35); Civic Center Code; Randolph County Civic |
Center Authority; for grounds, centers, buildings, and |
parking.
|
(70 ILCS 200/230-35); Civic Center Code; River Forest |
Metropolitan Exposition, Auditorium and Office Building |
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/235-40); Civic Center Code; Riverside Civic Center |
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/245-35); Civic Center Code; Salem Civic Center |
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/255-20); Civic Center Code; Springfield |
Metropolitan Exposition and Auditorium Authority; for |
grounds, centers, and parking.
|
(70 ILCS 200/260-35); Civic Center Code; Sterling Metropolitan |
Exposition, Auditorium and Office Building Authority; for |
grounds, centers, buildings, and parking.
|
(70 ILCS 200/265-20); Civic Center Code; Vermilion County |
|
Metropolitan Exposition, Auditorium and Office Building |
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/270-35); Civic Center Code; Waukegan Civic Center |
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/275-35); Civic Center Code; West Frankfort Civic |
Center Authority; for grounds, centers, buildings, and |
parking.
|
(70 ILCS 200/280-20); Civic Center Code; Will County |
Metropolitan Exposition and Auditorium Authority; for |
grounds, centers, and parking.
|
(70 ILCS 210/5); Metropolitan Pier and Exposition Authority |
Act; Metropolitan Pier and Exposition Authority; for |
general purposes, including quick-take power.
|
(70 ILCS 405/22.04); Soil and Water Conservation Districts Act; |
soil and water conservation districts; for general |
purposes.
|
(70 ILCS 410/10 and 410/12); Conservation District Act; |
conservation districts; for open space, wildland, scenic |
roadway, pathway, outdoor recreation, or other |
conservation benefits.
|
(70 ILCS 507/15); Fort Sheridan Redevelopment Commission Act; |
Fort Sheridan Redevelopment Commission; for general |
purposes or to carry out comprehensive or redevelopment |
plans.
|
(70 ILCS 520/8); Southwestern Illinois Development Authority |
Act; Southwestern Illinois Development Authority; for |
general purposes, including quick-take power.
|
(70 ILCS 605/4-17 and 605/5-7); Illinois Drainage Code; |
drainage districts; for general purposes.
|
(70 ILCS 615/5 and 615/6); Chicago Drainage District Act; |
corporate authorities; for construction and maintenance of |
works.
|
(70 ILCS 705/10); Fire Protection District Act; fire protection |
districts; for general purposes.
|
(70 ILCS 805/6); Downstate Forest Preserve District Act; |
certain forest preserve districts; for general purposes.
|
|
(70 ILCS 805/18.8); Downstate Forest Preserve District Act; |
certain forest preserve districts; for recreational and |
cultural facilities.
|
(70 ILCS 810/8); Cook County Forest Preserve District Act; |
Forest Preserve District of Cook County; for general |
purposes.
|
(70 ILCS 810/38); Cook County Forest Preserve District Act; |
Forest Preserve District of Cook County; for recreational |
facilities.
|
(70 ILCS 910/15 and 910/16); Hospital District Law; hospital |
districts; for hospitals or hospital facilities.
|
(70 ILCS 915/3); Illinois Medical District Act; Illinois |
Medical District Commission; for general purposes.
|
(70 ILCS 915/4.5); Illinois Medical District Act; Illinois |
Medical District Commission; quick-take power for the |
Illinois State Police Forensic Science Laboratory |
(obsolete).
|
(70 ILCS 920/5); Tuberculosis Sanitarium District Act; |
tuberculosis sanitarium districts; for tuberculosis |
sanitariums.
|
(70 ILCS 925/20); Illinois Medical District at Springfield Act; |
Illinois Medical District at Springfield; for general |
purposes.
|
(70 ILCS 1005/7); Mosquito Abatement District Act; mosquito |
abatement districts; for general purposes.
|
(70 ILCS 1105/8); Museum District Act; museum districts; for |
general purposes.
|
(70 ILCS 1205/7-1); Park District Code; park districts; for |
streets and other purposes.
|
(70 ILCS 1205/8-1); Park District Code; park districts; for |
parks.
|
(70 ILCS 1205/9-2 and 1205/9-4); Park District Code; park |
districts; for airports and landing fields.
|
(70 ILCS 1205/11-2 and 1205/11-3); Park District Code; park |
districts; for State land abutting public water and certain |
access rights.
|
|
(70 ILCS 1205/11.1-3); Park District Code; park districts; for |
harbors.
|
(70 ILCS 1225/2); Park Commissioners Land Condemnation Act; |
park districts; for street widening.
|
(70 ILCS 1230/1 and 1230/1-a); Park Commissioners Water Control |
Act; park districts; for parks, boulevards, driveways, |
parkways, viaducts, bridges, or tunnels.
|
(70 ILCS 1250/2); Park Commissioners Street Control (1889) Act; |
park districts; for boulevards or driveways.
|
(70 ILCS 1290/1); Park District Aquarium and Museum Act; |
municipalities or park districts; for aquariums or |
museums.
|
(70 ILCS 1305/2); Park District Airport Zoning Act; park |
districts; for restriction of the height of structures.
|
(70 ILCS 1310/5); Park District Elevated Highway Act; park |
districts; for elevated highways.
|
(70 ILCS 1505/15); Chicago Park District Act; Chicago Park |
District; for parks and other purposes.
|
(70 ILCS 1505/25.1); Chicago Park District Act; Chicago Park |
District; for parking lots or garages.
|
(70 ILCS 1505/26.3); Chicago Park District Act; Chicago Park |
District; for harbors.
|
(70 ILCS 1570/5); Lincoln Park Commissioners Land Condemnation |
Act; Lincoln Park Commissioners; for land and interests in |
land, including riparian rights.
|
(70 ILCS 1805/8); Havana Regional Port District Act; Havana |
Regional Port District; for general purposes.
|
(70 ILCS 1810/7); Illinois International Port District Act; |
Illinois International Port District; for general |
purposes.
|
(70 ILCS 1815/13); Illinois Valley Regional Port District Act; |
Illinois Valley Regional Port District; for general |
purposes.
|
(70 ILCS 1820/4); Jackson-Union Counties Regional Port |
District Act; Jackson-Union Counties Regional Port |
District; for removal of airport hazards or reduction of |
|
the height of objects or structures.
|
(70 ILCS 1820/5); Jackson-Union Counties Regional Port |
District Act; Jackson-Union Counties Regional Port |
District; for general purposes.
|
(70 ILCS 1825/4.9); Joliet Regional Port District Act; Joliet |
Regional Port District; for removal of airport hazards.
|
(70 ILCS 1825/4.10); Joliet Regional Port District Act; Joliet |
Regional Port District; for reduction of the height of |
objects or structures.
|
(70 ILCS 1825/4.18); Joliet Regional Port District Act; Joliet |
Regional Port District; for removal of hazards from ports |
and terminals.
|
(70 ILCS 1825/5); Joliet Regional Port District Act; Joliet |
Regional Port District; for general purposes.
|
(70 ILCS 1830/7.1); Kaskaskia Regional Port District Act; |
Kaskaskia Regional Port District; for removal of hazards |
from ports and terminals.
|
(70 ILCS 1830/14); Kaskaskia Regional Port District Act; |
Kaskaskia Regional Port District; for general purposes.
|
(70 ILCS 1835/5.10); Mt. Carmel Regional Port District Act; Mt. |
Carmel Regional Port District; for removal of airport |
hazards.
|
(70 ILCS 1835/5.11); Mt. Carmel Regional Port District Act; Mt. |
Carmel Regional Port District; for reduction of the height |
of objects or structures.
|
(70 ILCS 1835/6); Mt. Carmel Regional Port District Act; Mt. |
Carmel Regional Port District; for general purposes.
|
(70 ILCS 1845/4.9); Seneca Regional Port District Act; Seneca |
Regional Port District; for removal of airport hazards.
|
(70 ILCS 1845/4.10); Seneca Regional Port District Act; Seneca |
Regional Port District; for reduction of the height of |
objects or structures.
|
(70 ILCS 1845/5); Seneca Regional Port District Act; Seneca |
Regional Port District; for general purposes.
|
(70 ILCS 1850/4); Shawneetown Regional Port District Act; |
Shawneetown Regional Port District; for removal of airport |
|
hazards or reduction of the height of objects or |
structures.
|
(70 ILCS 1850/5); Shawneetown Regional Port District Act; |
Shawneetown Regional Port District; for general purposes.
|
(70 ILCS 1855/4); Southwest Regional Port District Act; |
Southwest Regional Port District; for removal of airport |
hazards or reduction of the height of objects or |
structures.
|
(70 ILCS 1855/5); Southwest Regional Port District Act; |
Southwest Regional Port District; for general purposes. |
(70 ILCS 1860/4); Tri-City Regional Port District Act; Tri-City |
Regional Port District; for removal of airport hazards.
|
(70 ILCS 1860/5); Tri-City Regional Port District Act; Tri-City |
Regional Port District; for the development of facilities.
|
(70 ILCS 1865/4.9); Waukegan Port District Act; Waukegan Port |
District; for removal of airport hazards.
|
(70 ILCS 1865/4.10); Waukegan Port District Act; Waukegan Port |
District; for restricting the height of objects or |
structures.
|
(70 ILCS 1865/5); Waukegan Port District Act; Waukegan Port |
District; for the development of facilities.
|
(70 ILCS 1870/8); White County Port District Act; White County |
Port District; for the development of facilities.
|
(70 ILCS 1905/16); Railroad Terminal Authority Act; Railroad |
Terminal Authority (Chicago); for general purposes.
|
(70 ILCS 1915/25); Grand Avenue Railroad Relocation Authority |
Act; Grand Avenue Railroad Relocation Authority; for |
general purposes, including quick-take power (now |
obsolete).
|
(70 ILCS 2105/9b); River Conservancy Districts Act; river |
conservancy districts; for general purposes.
|
(70 ILCS 2105/10a); River Conservancy Districts Act; river |
conservancy districts; for corporate purposes.
|
(70 ILCS 2205/15); Sanitary District Act of 1907; sanitary |
districts; for corporate purposes.
|
(70 ILCS 2205/18); Sanitary District Act of 1907; sanitary |
|
districts; for improvements and works.
|
(70 ILCS 2205/19); Sanitary District Act of 1907; sanitary |
districts; for access to property.
|
(70 ILCS 2305/8); North Shore Sanitary District Act; North |
Shore Sanitary District; for corporate purposes.
|
(70 ILCS 2305/15); North Shore Sanitary District Act; North |
Shore Sanitary District; for improvements.
|
(70 ILCS 2405/8); Sanitary District Act of 1917; sanitary |
districts; for corporate purposes.
|
(70 ILCS 2405/15); Sanitary District Act of 1917; sanitary |
districts; for improvements.
|
(70 ILCS 2405/16.9 and 2405/16.10); Sanitary District Act of |
1917; sanitary districts; for waterworks.
|
(70 ILCS 2405/17.2); Sanitary District Act of 1917; sanitary |
districts; for public sewer and water utility treatment |
works.
|
(70 ILCS 2405/18); Sanitary District Act of 1917; sanitary |
districts; for dams or other structures to regulate water |
flow.
|
(70 ILCS 2605/8); Metropolitan Water Reclamation District Act; |
Metropolitan Water Reclamation District; for corporate |
purposes.
|
(70 ILCS 2605/16); Metropolitan Water Reclamation District |
Act; Metropolitan Water Reclamation District; quick-take |
power for improvements.
|
(70 ILCS 2605/17); Metropolitan Water Reclamation District |
Act; Metropolitan Water Reclamation District; for bridges.
|
(70 ILCS 2605/35); Metropolitan Water Reclamation District |
Act; Metropolitan Water Reclamation District; for widening |
and deepening a navigable stream.
|
(70 ILCS 2805/10); Sanitary District Act of 1936; sanitary |
districts; for corporate purposes.
|
(70 ILCS 2805/24); Sanitary District Act of 1936; sanitary |
districts; for improvements.
|
(70 ILCS 2805/26i and 2805/26j); Sanitary District Act of 1936; |
sanitary districts; for drainage systems.
|
|
(70 ILCS 2805/27); Sanitary District Act of 1936; sanitary |
districts; for dams or other structures to regulate water |
flow.
|
(70 ILCS 2805/32k); Sanitary District Act of 1936; sanitary |
districts; for water supply.
|
(70 ILCS 2805/32l); Sanitary District Act of 1936; sanitary |
districts; for waterworks.
|
(70 ILCS 2905/2-7); Metro-East Sanitary District Act of 1974; |
Metro-East Sanitary District; for corporate purposes.
|
(70 ILCS 2905/2-8); Metro-East Sanitary District Act of 1974; |
Metro-East Sanitary District; for access to property.
|
(70 ILCS 3010/10); Sanitary District Revenue Bond Act; sanitary |
districts; for sewerage systems.
|
(70 ILCS 3205/12); Illinois Sports Facilities Authority Act; |
Illinois Sports Facilities Authority; quick-take power for |
its corporate purposes (obsolete).
|
(70 ILCS 3405/16); Surface Water Protection District Act; |
surface water protection districts; for corporate |
purposes.
|
(70 ILCS 3605/7); Metropolitan Transit Authority Act; Chicago |
Transit Authority; for transportation systems.
|
(70 ILCS 3605/8); Metropolitan Transit Authority Act; Chicago |
Transit Authority; for general purposes.
|
(70 ILCS 3605/10); Metropolitan Transit Authority Act; Chicago |
Transit Authority; for general purposes, including |
railroad property.
|
(70 ILCS 3610/3 and 3610/5); Local Mass Transit District Act; |
local mass transit districts; for general purposes.
|
(70 ILCS 3615/2.13); Regional Transportation Authority Act; |
Regional Transportation Authority; for general purposes.
|
(70 ILCS 3705/8 and 3705/12); Public Water District Act; public |
water districts; for waterworks.
|
(70 ILCS 3705/23a); Public Water District Act; public water |
districts; for sewerage properties.
|
(70 ILCS 3705/23e); Public Water District Act; public water |
districts; for combined waterworks and sewerage systems.
|
|
(70 ILCS 3715/6); Water Authorities Act; water authorities; for |
facilities to ensure adequate water supply.
|
(70 ILCS 3715/27); Water Authorities Act; water authorities; |
for access to property.
|
(75 ILCS 5/4-7); Illinois Local Library Act; boards of library |
trustees; for library buildings.
|
(75 ILCS 16/30-55.80); Public Library District Act of 1991; |
public library districts; for general purposes.
|
(75 ILCS 65/1 and 65/3); Libraries in Parks Act; corporate |
authorities of city or park district, or board of park |
commissioners; for free public library buildings. |
Section 15-5-20. Eminent domain powers in ILCS Chapters 105 |
through 115. The following provisions of law may include |
express grants of the power to acquire property by condemnation |
or eminent domain: |
(105 ILCS 5/10-22.35A); School Code; school boards; for school |
buildings.
|
(105 ILCS 5/16-6); School Code; school boards; for adjacent |
property to enlarge a school site.
|
(105 ILCS 5/22-16); School Code; school boards; for school |
purposes.
|
(105 ILCS 5/32-4.13); School Code; special charter school |
districts; for school purposes.
|
(105 ILCS 5/34-20); School Code; Chicago Board of Education; |
for school purposes.
|
(105 ILCS 5/35-5); School Code; School Building Commission; for |
school buildings and equipment.
|
(105 ILCS 5/35-8); School Code; School Building Commission; for |
school building sites.
|
(110 ILCS 305/7); University of Illinois Act; Board of Trustees |
of the University of Illinois; for general purposes, |
including quick-take power.
|
(110 ILCS 325/2); University of Illinois at Chicago Land |
Transfer Act; Board of Trustees of the University of |
|
Illinois; for removal of limitations or restrictions on |
property conveyed by the Chicago Park District.
|
(110 ILCS 335/3); Institution for Tuberculosis Research Act; |
Board of Trustees of the University of Illinois; for the |
Institution for Tuberculosis Research.
|
(110 ILCS 525/3); Southern Illinois University Revenue Bond |
Act; Board of Trustees of Southern Illinois University; for |
general purposes.
|
(110 ILCS 615/3); State Colleges and Universities Revenue Bond |
Act of 1967; Board of Governors of State Colleges and |
Universities; for general purposes.
|
(110 ILCS 660/5-40); Chicago State University Law; Board of |
Trustees of Chicago State University; for general |
purposes.
|
(110 ILCS 661/6-10); Chicago State University Revenue Bond Law; |
Board of Trustees of Chicago State University; for general |
purposes.
|
(110 ILCS 665/10-40); Eastern Illinois University Law; Board of |
Trustees of Eastern Illinois University; for general |
purposes.
|
(110 ILCS 666/11-10); Eastern Illinois University Revenue Bond |
Law; Board of Trustees of Eastern Illinois University; for |
general purposes.
|
(110 ILCS 670/15-40); Governors State University Law; Board of |
Trustees of Governors State University; for general |
purposes.
|
(110 ILCS 671/16-10); Governors State University Revenue Bond |
Law; Board of Trustees of Governors State University; for |
general purposes.
|
(110 ILCS 675/20-40); Illinois State University Law; Board of |
Trustees of Illinois State University; for general |
purposes.
|
(110 ILCS 676/21-10); Illinois State University Revenue Bond |
Law; Board of Trustees of Illinois State University; for |
general purposes.
|
(110 ILCS 680/25-40); Northeastern Illinois University Law; |
|
Board of Trustees of Northeastern Illinois University; for |
general purposes.
|
(110 ILCS 681/26-10); Northeastern Illinois University Revenue |
Bond Law; Board of Trustees of Northeastern Illinois |
University; for general purposes.
|
(110 ILCS 685/30-40); Northern Illinois University Law; Board |
of Trustees of Northern Illinois University; for general |
purposes.
|
(110 ILCS 685/30-45); Northern Illinois University Law; Board |
of Trustees of Northern Illinois University; for buildings |
and facilities.
|
(110 ILCS 686/31-10); Northern Illinois University Revenue |
Bond Law; Board of Trustees of Northern Illinois |
University; for general purposes.
|
(110 ILCS 690/35-40); Western Illinois University Law; Board of |
Trustees of Western Illinois University; for general |
purposes.
|
(110 ILCS 691/36-10); Western Illinois University Revenue Bond |
Law; Board of Trustees of Western Illinois University; for |
general purposes.
|
(110 ILCS 710/3); Board of Regents Revenue Bond Act of 1967; |
Board of Regents; for general purposes.
|
(110 ILCS 805/3-36); Public Community College Act; community |
college district boards; for sites for college purposes. |
Section 15-5-25. Eminent domain powers in ILCS Chapters 205 |
through 430. The following provisions of law may include |
express grants of the power to acquire property by condemnation |
or eminent domain: |
(220 ILCS 5/8-509); Public Utilities Act; public utilities; for |
construction of certain improvements.
|
(220 ILCS 15/1); Gas Storage Act; corporations engaged in the |
distribution, transportation, or storage of natural gas or |
manufactured gas; for their operations.
|
(220 ILCS 15/2 and 15/6); Gas Storage Act; corporations engaged |
|
in the distribution, transportation, or storage of natural |
gas or manufactured gas; for use of an underground |
geological formation for gas storage.
|
(220 ILCS 30/13); Electric Supplier Act; electric |
cooperatives; for general purposes.
|
(220 ILCS 55/3); Telegraph Act; telegraph companies; for |
telegraph lines.
|
(220 ILCS 65/4); Telephone Company Act; telecommunications |
carriers; for telephone company purposes.
|
(225 ILCS 435/23); Ferries Act; ferry operators; for a landing, |
ferryhouse, or approach.
|
(225 ILCS 440/9); Highway Advertising Control Act of 1971; |
Department of Transportation; for removal of signs |
adjacent to highways.
|
(310 ILCS 5/6 and 5/38); State Housing Act; housing |
corporations; for general purposes.
|
(310 ILCS 10/8.3); Housing Authorities Act; housing |
authorities; for general purposes.
|
(310 ILCS 10/8.15); Housing Authorities Act; housing |
authorities; for implementation of conservation plans and |
demolition.
|
(310 ILCS 10/9); Housing Authorities Act; housing authorities; |
for general purposes.
|
(310 ILCS 20/5); Housing Development and Construction Act; |
housing authorities; for development or redevelopment.
|
(310 ILCS 35/2); House Relocation Act; political subdivisions |
and municipal corporations; for relocation of dwellings |
for highway construction.
|
(315 ILCS 5/14); Blighted Areas Redevelopment Act of 1947; land |
clearance commissions; for redevelopment projects.
|
(315 ILCS 10/5); Blighted Vacant Areas Development Act of 1949; |
State of Illinois; for housing development.
|
(315 ILCS 20/9 and 20/42); Neighborhood Redevelopment |
Corporation Law; neighborhood redevelopment corporations; |
for general purposes. |
(315 ILCS 25/4 and 25/6); Urban Community Conservation Act; |
|
municipal conservation boards; for conservation areas.
|
(315 ILCS 30/12); Urban Renewal Consolidation Act of 1961; |
municipal departments of urban renewal; for blighted area |
redevelopment projects.
|
(315 ILCS 30/20 and 30/22); Urban Renewal Consolidation Act of |
1961; municipal departments of urban renewal; for |
implementing conservation areas.
|
(315 ILCS 30/24); Urban Renewal Consolidation Act of 1961; |
municipal departments of urban renewal; for general |
purposes.
|
(415 ILCS 95/6); Junkyard Act; Department of Transportation; |
for junkyards or scrap processing facilities.
|
(420 ILCS 35/1); Radioactive Waste Storage Act; Illinois |
Emergency Management Agency; for radioactive by-product |
and waste storage. |
Section 15-5-30. Eminent domain powers in ILCS Chapters 505 |
through 525. The following provisions of law may include |
express grants of the power to acquire property by condemnation |
or eminent domain: |
(515 ILCS 5/1-145); Fish and Aquatic Life Code; Department of |
Natural Resources; for fish or aquatic life purposes.
|
(520 ILCS 5/1.9); Wildlife Code; Department of Natural |
Resources; for conservation, hunting, and fishing |
purposes.
|
(520 ILCS 25/35); Habitat Endowment Act; Department of Natural |
Resources; for habitat preservation with the consent of the |
landowner.
|
(525 ILCS 30/7.05); Illinois Natural Areas Preservation Act; |
Department of Natural Resources; for the purposes of the |
Act.
|
(525 ILCS 40/3); State Forest Act; Department of Natural |
Resources; for State forests. |
Section 15-5-35. Eminent domain powers in ILCS Chapters 605 |
|
through 625. The following provisions of law may include |
express grants of the power to acquire property by condemnation |
or eminent domain: |
(605 ILCS 5/4-501); Illinois Highway Code; Department of |
Transportation and counties; for highway purposes.
|
(605 ILCS 5/4-502); Illinois Highway Code; Department of |
Transportation; for ditches and drains.
|
(605 ILCS 5/4-505); Illinois Highway Code; Department of |
Transportation; for replacement of railroad and public |
utility property taken for highway purposes.
|
(605 ILCS 5/4-509); Illinois Highway Code; Department of |
Transportation; for replacement of property taken for |
highway purposes.
|
(605 ILCS 5/4-510); Illinois Highway Code; Department of |
Transportation; for rights-of-way for future highway |
purposes.
|
(605 ILCS 5/4-511); Illinois Highway Code; Department of |
Transportation; for relocation of structures taken for |
highway purposes.
|
(605 ILCS 5/5-107); Illinois Highway Code; counties; for county |
highway relocation.
|
(605 ILCS 5/5-801); Illinois Highway Code; counties; for |
highway purposes.
|
(605 ILCS 5/5-802); Illinois Highway Code; counties; for |
ditches and drains.
|
(605 ILCS 5/6-309); Illinois Highway Code; highway |
commissioners or county superintendents; for township or |
road district roads.
|
(605 ILCS 5/6-801); Illinois Highway Code; highway |
commissioners; for road district or township roads.
|
(605 ILCS 5/6-802); Illinois Highway Code; highway |
commissioners; for ditches and drains.
|
(605 ILCS 5/8-102); Illinois Highway Code; Department of |
Transportation, counties, and municipalities; for limiting |
freeway access.
|
|
(605 ILCS 5/8-103); Illinois Highway Code; Department of |
Transportation, counties, and municipalities; for freeway |
purposes.
|
(605 ILCS 5/8-106); Illinois Highway Code; Department of |
Transportation and counties; for relocation of existing |
crossings for freeway purposes.
|
(605 ILCS 5/9-113); Illinois Highway Code; highway |
authorities; for utility and other uses in rights-of-ways.
|
(605 ILCS 5/10-302); Illinois Highway Code; counties; for |
bridge purposes.
|
(605 ILCS 5/10-602); Illinois Highway Code; municipalities; |
for ferry and bridge purposes.
|
(605 ILCS 5/10-702); Illinois Highway Code; municipalities; |
for bridge purposes.
|
(605 ILCS 5/10-901); Illinois Highway Code; Department of |
Transportation; for ferry property.
|
(605 ILCS 10/9); Toll Highway Act; Illinois State Toll Highway |
Authority; for toll highway purposes.
|
(605 ILCS 10/9.5); Toll Highway Act; Illinois State Toll |
Highway Authority; for its authorized purposes.
|
(605 ILCS 10/10); Toll Highway Act; Illinois State Toll Highway |
Authority; for property of a municipality or political |
subdivision for toll highway purposes.
|
(605 ILCS 115/14); Toll Bridge Act; counties; for toll bridge |
purposes.
|
(605 ILCS 115/15); Toll Bridge Act; counties; for the purpose |
of taking a toll bridge to make it a free bridge.
|
(610 ILCS 5/17); Railroad Incorporation Act; railroad |
corporation; for real estate for railroad purposes.
|
(610 ILCS 5/18); Railroad Incorporation Act; railroad |
corporations; for materials for railways.
|
(610 ILCS 5/19); Railroad Incorporation Act; railways; for land |
along highways.
|
(610 ILCS 70/1); Railroad Powers Act; purchasers and lessees of |
railroad companies; for railroad purposes.
|
(610 ILCS 115/2 and 115/3); Street Railroad Right of Way Act; |
|
street railroad companies; for street railroad purposes.
|
(615 ILCS 5/19); Rivers, Lakes, and Streams Act; Department of |
Natural Resources; for land along public waters for |
pleasure, recreation, or sport purposes.
|
(615 ILCS 10/7.8); Illinois Waterway Act; Department of Natural |
Resources; for waterways and appurtenances.
|
(615 ILCS 15/7); Flood Control Act of 1945; Department of |
Natural Resources; for the purposes of the Act.
|
(615 ILCS 30/9); Illinois and Michigan Canal Management Act; |
Department of Natural Resources; for dams, locks, and |
improvements.
|
(615 ILCS 45/10); Illinois and Michigan Canal Development Act; |
Department of Natural Resources; for development and |
management of the canal.
|
(620 ILCS 5/72); Illinois Aeronautics Act; Division of |
Aeronautics of the Department of Transportation; for |
airport purposes.
|
(620 ILCS 5/73); Illinois Aeronautics Act; Division of |
Aeronautics of the Department of Transportation; for |
removal of airport hazards.
|
(620 ILCS 5/74); Illinois Aeronautics Act; Division of |
Aeronautics of the Department of Transportation; for |
airport purposes.
|
(620 ILCS 25/33); Airport Zoning Act; Division of Aeronautics |
of the Department of Transportation; for air rights.
|
(620 ILCS 40/2 and 40/3); General County Airport and Landing |
Field Act; counties; for airport purposes.
|
(620 ILCS 40/5); General County Airport and Landing Field Act; |
counties; for removing hazards.
|
(620 ILCS 45/6 and 45/7); County Airport Law of 1943; boards of |
directors of airports and landing fields; for airport and |
landing field purposes.
|
(620 ILCS 50/22 and 50/31); County Airports Act; counties; for |
airport purposes.
|
(620 ILCS 50/24); County Airports Act; counties; for removal of |
airport hazards.
|
|
(620 ILCS 50/26); County Airports Act; counties; for |
acquisition of airport protection privileges.
|
(620 ILCS 52/15); County Air Corridor Protection Act; counties; |
for airport zones.
|
(620 ILCS 55/1); East St. Louis Airport Act; Department of |
Transportation; for airport in East St. Louis metropolitan |
area.
|
(620 ILCS 65/15); O'Hare Modernization Act; Chicago; for the |
O'Hare modernization program, including quick-take power.
|
(625 ILCS 5/2-105); Illinois Vehicle Code; Secretary of State; |
for general purposes.
|
(625 ILCS 5/18c-7501); Illinois Vehicle Code; rail carriers; |
for railroad purposes, including quick-take power.
|
Section 15-5-40. Eminent domain powers in ILCS Chapters 705 |
through 820. The following provisions of law may include |
express grants of the power to acquire property by condemnation |
or eminent domain: |
(765 ILCS 230/2); Coast and Geodetic Survey Act; United States |
of America; for carrying out coast and geodetic surveys.
|
(765 ILCS 505/1); Mining Act of 1874; mine owners and |
operators; for roads, railroads, and ditches.
|
(805 ILCS 25/2); Corporation Canal Construction Act; general |
corporations; for levees, canals, or tunnels for |
agricultural, mining, or sanitary purposes.
|
(805 ILCS 30/7); Gas Company Property Act; consolidating gas |
companies; for acquisition of stock of dissenting |
stockholder.
|
(805 ILCS 120/9); Merger of Not For Profit Corporations Act; |
merging or consolidating corporations; for acquisition of |
interest of objecting member or owner.
|
(805 ILCS 320/16 through 320/20); Cemetery Association Act; |
cemetery associations; for cemetery purposes. |
Article 20. Quick-take Procedure
|
|
(was 735 ILCS 5/7-103)
|
Section 20-5-5
7-103 . Quick-take. |
(a) This Section applies only to proceedings under this |
Article that are
authorized in this Article and in Article 25 |
of this Act
the Sections following this Section and Section |
7-104 .
|
(b) In a proceeding subject to this Section,
the plaintiff, |
at any time after the complaint has been filed and before
|
judgment is entered in the proceeding, may file a written |
motion requesting
that, immediately or at some specified later |
date, the plaintiff either : (i) be
vested with the fee simple |
title (or such lesser estate, interest , or
easement, as may be |
required) to the real property, or a specified portion
of that |
property
thereof , which is the subject of the proceeding, and |
be authorized to take
possession of and use the
such property; |
or (ii) only be authorized to take
possession of and to use the
|
such property, if such possession and use, without
the vesting |
of title, are sufficient to permit the plaintiff to proceed
|
with the project until the final ascertainment of compensation . |
No ; however, no
land or interests in land
therein now or |
hereafter owned, leased, controlled , or
operated and used by, |
or necessary for the actual operation of, any common
carrier |
engaged in interstate commerce, or any other public utility |
subject
to the jurisdiction of the Illinois Commerce |
Commission, shall be taken or
appropriated under this Section
|
hereunder by the State of Illinois, the Illinois Toll Highway
|
Authority, the sanitary district, the St. Louis Metropolitan |
Area Airport
Authority , or the Board of Trustees of the |
University of Illinois without
first securing the approval of |
the Illinois Commerce Commission.
|
Except as otherwise provided in this Article
hereinafter |
stated , the motion for taking shall
state: (1) an accurate |
description of the property to which the motion
relates and the |
estate or interest sought to be acquired in that property
|
therein ; (2)
the formally adopted schedule or plan of operation |
|
for the execution of
the plaintiff's project; (3) the situation |
of the property to which the
motion relates, with respect to |
the schedule or plan; (4) the necessity
for taking the
such
|
property in the manner requested in the motion; and (5)
if the |
property (except property described in Section 3 of the Sports
|
Stadium Act , or property described as Site B in Section 2 of |
the
Metropolitan Pier and Exposition Authority Act) to be taken |
is owned,
leased, controlled , or operated and used by, or |
necessary for the actual
operation of, any interstate common |
carrier or other public utility subject
to the jurisdiction of |
the Illinois Commerce Commission, a statement to the
effect |
that the approval of the
such proposed taking has been secured |
from the
Commission, and attaching to the
such motion a |
certified copy of the order of
the Illinois Commerce Commission |
granting such approval. If the schedule or plan of
operation is |
not set forth fully in the motion, a copy of the
such schedule |
or
plan shall be attached to the motion.
|
(Source: P.A. 91-357, eff. 7-29-99; 91-367, eff. 7-30-99; |
92-16, eff.
6-28-01.)
|
(was 735 ILCS 5/7-104)
|
Section 20-5-10
7-104 . Preliminary finding of |
compensation. |
(a) The court shall fix a date, not less than 5 days after
|
the filing of a
such motion under Section 20-5-5 , for the |
hearing on that motion
thereon, and shall require
due notice to |
be given to each party to the proceeding whose interests
would |
be affected by the taking requested, except that any party who |
has
been or is being served by publication and who has not |
entered his or her
appearance in the proceeding need not be |
given notice unless the court
so requires, in its discretion |
and in the interests of justice.
|
(b) At the hearing, if the court has not previously, in the |
same
proceeding, determined that the plaintiff has authority to |
exercise the
right of eminent domain, that the property sought |
to be taken is subject
to the exercise of that
such right, and |
|
that the
such right of eminent domain is not being
improperly |
exercised in the particular proceeding, then the court shall |
first
hear and determine those
such matters. The court's order |
on those matters
thereon is
appealable , and an appeal may be |
taken from that order
therefrom by either party within
30 days |
after the entry of the
such order, but not thereafter , unless |
the
court, on good cause shown, extends the time for taking the
|
such
appeal. However, no appeal shall stay the further |
proceedings herein
prescribed in this Act unless the appeal is |
taken by the plaintiff , or unless an
order staying such further |
proceedings is entered either by the
trial court or by the |
court to which the
such appeal is taken.
|
(c) If the foregoing matters are determined in favor of the
|
plaintiff and further proceedings are not stayed, or if further
|
proceedings are stayed and the appeal results in a |
determination in
favor of the plaintiff, the court then shall |
hear the issues raised by
the plaintiff's motion for taking. If |
the court finds that reasonable
necessity exists for taking the |
property in the manner requested in the
motion, then the court |
shall hear such evidence as it may consider
necessary and |
proper for a preliminary finding of just compensation . In ; and,
|
in its discretion, the court may appoint 3 competent and |
disinterested
appraisers as agents of the court to evaluate the |
property to which the
motion relates and to report their |
conclusions to the court; and their
fees shall be paid by the |
plaintiff. The court shall then make a
preliminary finding of |
the amount constituting just compensation.
|
(d) The court's
Such preliminary finding of just |
compensation , and any deposit
made or security provided |
pursuant to that finding
thereto, shall not be evidence in the
|
further proceedings to ascertain finally the just compensation |
to be
paid , and shall not be disclosed in any manner to a jury |
impaneled in
the
such proceedings . If ; and if appraisers have |
been appointed , as herein
authorized under this Article , their |
report shall not be evidence in those
such further
proceedings, |
but the appraisers may be called as witnesses by the
parties to |
|
the proceedings.
|
(Source: P.A. 82-280.)
|
(was 735 ILCS 5/7-105)
|
Section 20-5-15
7-105 . Deposit in court; possession. |
(a) If the plaintiff deposits with the county treasurer |
money in
the amount preliminarily found by the court to be just |
compensation, the
court shall enter an order of taking, vesting |
in the plaintiff the fee
simple title (or such lesser estate, |
interest , or easement, as may be
required) to the property, if |
such vesting has been requested , and has
been found necessary |
by the court, at a
such date as the court considers
proper, and |
fixing a date on which the plaintiff is authorized to take
|
possession of and to use the property.
|
(b) If, at the request of any interested party and upon his |
or her showing
of undue hardship or other good cause, the |
plaintiff's authority to
take possession of the property is |
postponed for more than 10 days after
the date of such vesting |
of title , or more than 15 days after the entry
of the such
|
order of taking when the order does not vest title in the |
plaintiff, then
that party shall pay to the plaintiff a |
reasonable rental for the
such
property in an , the amount |
thereof to be determined by the court. Injunctive relief
or any |
other appropriate judicial process or
procedure shall be |
available to place the plaintiff in possession of
the property |
on and after the date fixed by the court for the taking of
such
|
possession , and to prevent any unauthorized interference with |
such
possession and the plaintiff's proper use of the property. |
The county
treasurer shall refund to the plaintiff the amount |
deposited prior to
October 1, 1973 that , which is in excess of
|
the amount preliminarily found by the court to be just |
compensation.
|
(c) When property is taken by a unit of local government |
for the
purpose of constructing a body of water to
be used by a |
local government - owned "public utility" , as defined in Section
|
11-117-2 of the Illinois Municipal Code, and the unit of local |
|
government intends to sell or lease the
such property to a
|
non-governmental entity, the defendants holding title before |
the order
that
which transferred title shall be allowed first |
opportunity to repurchase
the
such property for a fair market |
value or first opportunity to lease the
property for a fair |
market value.
|
(Source: P.A. 86-974.)
|
(was 735 ILCS 5/7-106)
|
Section 20-5-20
7-106 . Withdrawal by persons having an |
interest. At any time after the plaintiff has taken possession |
of the property
pursuant to the order of taking, if an appeal |
has not been and will not
be taken from the court's order |
described in subsection (b) of Section
20-5-10
7-104 of this |
Act, or if such an appeal has been taken and has been
|
determined in favor of the plaintiff, any party interested in |
the
property may apply to the court for authority to withdraw ,
|
for his or her own
use , his or her share (or any part thereof) |
of the amount preliminarily found by
the court to be just |
compensation , and deposited by the plaintiff , in
accordance |
with the provisions of subsection (a) of Section
20-5-15
7-105
|
of this Act,
as that
such share is
shall have been determined |
by the court. The court
shall then fix a date for a hearing on |
the
such application for authority to withdraw , and shall
|
require due notice of the
such application to be given to each |
party whose
interests would be affected by the
such withdrawal. |
After the hearing, the
court may authorize the withdrawal |
requested, or any
such part thereof as
is proper, but upon the |
condition that the party making the
such
withdrawal shall |
refund to the clerk of the court, upon the entry of a
proper |
court order, any portion of the amount so withdrawn that
which
|
exceeds the amount finally ascertained in the proceeding to be |
just
compensation (or damages, costs, expenses, or attorney |
fees) owing to
that
such party.
|
(Source: P.A. 83-707.)
|
|
(was 735 ILCS 5/7-107)
|
Section 20-5-25
7-107 . Persons contesting not to be |
prejudiced. Neither the
plaintiff nor any party interested in |
the property, by taking any action
authorized by Sections |
20-5-5 through 20-5-20
7-103 to 7-106 , inclusive, of this Act, |
or authorized under Article 25 of this Act, shall be
prejudiced |
in any way in contesting, in later stages of the proceeding, |
the
amount to be finally ascertained to be just compensation. |
(Source: P.A. 82-280.)
|
(was 735 ILCS 5/7-108)
|
Section 20-5-30
7-108 . Interest payments. The plaintiff |
shall pay, in addition to
the just compensation
finally |
adjudged in the proceeding, interest at the rate of 6% per |
annum
upon:
|
(1) Any excess of the just compensation so finally |
adjudged, over
the amount preliminarily found by the court |
to be just compensation in
accordance with Section 20-5-10
|
7-104 of this Act, from the date on which the
parties |
interested in the property surrendered possession of the
|
property in accordance with the order of taking, to the |
date of payment
of the
such excess by the plaintiff.
|
(2) Any portion of the amount preliminarily found by |
the court to be
just compensation and deposited by the |
plaintiff, to which any
interested party is entitled, if |
the
such interested party applied for
authority to withdraw |
that
such portion in accordance with Section 20-5-20
7-106
|
of
this Act, and upon objection by the plaintiff (other |
than on grounds
that an appeal under subsection (b) of |
Section 20-5-10
7-104 of
this Act is pending
or |
contemplated ) , such authority to withdraw was denied; |
interest shall be paid to that
such
party from the date of |
the plaintiff's deposit to the date of payment
to that
such
|
party.
|
When interest is allowable as provided under item (1) of |
this
Section, no further interest shall be allowed under the |
|
provisions of
Section 2-1303 of the Code of Civil Procedure
|
this Act or any other law. |
(Source: P.A. 83-707.)
|
(was 735 ILCS 5/7-109)
|
Section 20-5-35
7-109 . Refund of excess deposit. If the |
amount withdrawn from
deposit by any interested party
under the |
provision of Section 20-5-20
7-106 of this Act exceeds the |
amount
finally adjudged to be just compensation (or damages, |
costs, expenses,
and attorney fees) due to that
such party, the |
court shall order that
such party
to refund the
such excess to |
the clerk of the court , and , if refund is not
made within a |
reasonable time fixed by the court, shall enter judgment
for |
the
such excess in favor of the plaintiff and against that
such
|
party. |
(Source: P.A. 82-280.)
|
(was 735 ILCS 5/7-110)
|
Section 20-5-40
7-110 . Dismissal; abandonment. After the |
plaintiff has taken possession
of the property
pursuant to the |
order of taking, the plaintiff shall have no right to
dismiss |
the complaint , or to abandon the proceeding, as to all or any
|
part of the property so taken, except upon the consent of all |
parties to
the proceeding whose interests would be affected by |
the
such dismissal or
abandonment. |
(Source: P.A. 83-707.)
|
(was 735 ILCS 5/7-111)
|
Section 20-5-45
7-111 . Payment of costs. If, on an appeal |
taken under the provisions
of Section 20-5-10
7-104 of this |
Act, the plaintiff is determined not to have the
authority to |
maintain the proceeding as to any property , which
that is the
|
subject of that appeal
thereof, or if, with the consent of all |
parties to the
proceeding whose interests are affected, the |
plaintiff dismisses
the complaint or abandons the proceedings |
as to any such property that is the subject of the appeal , the
|
|
trial court then shall enter an order : (i) revesting the title |
to the
such
property in the parties entitled thereto, if the |
order of taking vested
title in the plaintiff; (ii) requiring |
the plaintiff to deliver possession
of the
such property to the |
parties entitled to the possession thereof ; and
(iii) making |
such provision as is just , for the payment of damages
arising |
out of the plaintiff's taking and use of the
such property , and
|
also for costs, expenses, and attorney fees , as provided in |
Section 10-5-70
7-123 of this Act . The ; and the court may order |
the clerk of the court to pay those
such
sums to the parties |
entitled thereto , out of the money deposited by the
plaintiff |
in accordance with the provisions of subsection (a) of Section |
20-5-15
7-105 of this
Act. |
(Source: P.A. 82-280.)
|
(was 735 ILCS 5/7-112)
|
Section 20-5-50
7-112 . Construction of Article. The right |
to take possession and
title prior to the final
judgment ,
as |
prescribed in this Article and Article 25
Sections
7-103 to |
7-111
of this Act shall be in
addition to any other right, |
power, or authority otherwise conferred by
law , and shall not |
be construed as abrogating, limiting , or modifying any
such
|
other right, power, or authority. |
(Source: P.A. 82-280.) |
Article 25. Express Quick-take Powers |
Part 5. New Quick-take Powers |
(Reserved) |
Part 7. Existing Quick-take Powers
|
(was 735 ILCS 5/7-103.1)
|
Sec. 25-7-103.1
7-103.1 . Quick-take; highway purposes.
|
Quick-take proceedings under Article 20
Section 7-103 may be |
used
by the State of Illinois, the Illinois Toll Highway |
|
Authority or the St. Louis
Metropolitan Area Airport Authority |
for the acquisition of land or interests
therein for highway |
purposes.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.3)
|
Sec. 25-7-103.3
7-103.3 . Quick-take; coal development |
purposes.
Quick-take proceedings under Article 20
Section |
7-103 may be used
by the Department of Commerce and Economic |
Opportunity
Community Affairs for the purpose
specified in the |
Illinois Coal Development Bond Act.
|
(Source: P.A. 91-357, eff. 7-29-99; revised 12-6-03.)
|
(was 735 ILCS 5/7-103.5)
|
Sec. 25-7-103.5
7-103.5 . Quick-take; St.
Louis |
Metropolitan Area Airport Authority
purposes. Quick-take |
proceedings under Article 20
Section 7-103 may be used
for the |
purpose specified in the St. Louis Metropolitan Area Airport |
Authority
Act.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.6)
|
Sec. 25-7-103.6
7-103.6 . Quick-take; Southwestern Illinois |
Development Authority
purposes. Quick-take proceedings under |
Article 20
Section 7-103 may be used
for a period of 24 months |
after May 24, 1996, by the Southwestern
Illinois Development |
Authority pursuant to the Southwestern Illinois
Development |
Authority Act.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.7)
|
Sec. 25-7-103.7
7-103.7 . Quick-take; Quad Cities Regional |
Economic Development
Authority purposes. Quick-take |
proceedings under Article 20
Section 7-103 may be used
for a |
period of 3 years after December 30, 1987, by the Quad Cities
|
Regional Economic Development Authority (except for the |
|
acquisition of land or
interests therein that is farmland, or |
upon which is situated a farm dwelling
and appurtenant |
structures, or upon which is situated a residence, or which is
|
wholly within an area that is zoned for residential use) |
pursuant to the
Quad Cities Regional Economic Development |
Authority Act.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.8)
|
Sec. 25-7-103.8
7-103.8 . Quick-take;
Metropolitan Water |
Reclamation District
purposes. Quick-take proceedings under |
Article 20
Section 7-103 may be used
by a sanitary district |
created under the Metropolitan Water Reclamation
District Act |
for the acquisition of land or interests therein for purposes
|
specified in that Act.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.9)
|
Sec. 25-7-103.9
7-103.9 . Quick-take; rail carriers.
|
Quick-take proceedings under Article 20
Section 7-103 may be |
used
by a rail carrier within the time limitations and subject |
to the
terms and conditions set forth in Section 18c-7501 of |
the Illinois Vehicle
Code.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.10)
|
Sec. 25-7-103.10
7-103.10 . Quick-take; water commissions.
|
Quick-take proceedings under Article 20
Section 7-103 may be |
used
for a period of 18 months after January 26, 1987, for the |
purpose
specified in Division 135 of Article 11 of the Illinois |
Municipal Code, by
a commission created under Section 2 of the |
Water Commission Act of 1985.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.11)
|
Sec. 25-7-103.11
7-103.11 . Quick-take; refuse-derived fuel |
|
system purposes.
Quick-take proceedings under Article 20
|
Section 7-103 may be used
by a village containing a population |
of less than 15,000 for the
purpose of acquiring property to be |
used for a refuse derived fuel system
designed to generate |
steam and electricity, and for industrial development
that will |
utilize such steam and electricity, pursuant to Section |
11-19-10
of the Illinois Municipal Code.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.12)
|
Sec. 25-7-103.12
7-103.12 . Quick-take; certain municipal |
purposes.
Quick-take proceedings under Article 20
Section |
7-103 may be used
after receiving the prior approval of the |
City Council, by a
municipality having a population of more |
than 500,000 for the purposes set
forth in Section 11-61-1a and |
Divisions 74.2 and 74.3 of Article 11 of the
Illinois Municipal |
Code, and for the same purposes when established
pursuant to |
home rule powers.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.13)
|
Sec. 25-7-103.13
7-103.13 . Quick-take; enterprise zone |
purposes.
Quick-take proceedings under Article 20
Section |
7-103 may be used
by a home rule municipality, after a public |
hearing held by the
corporate authorities or by a committee of |
the corporate authorities and
after approval by a majority of |
the corporate authorities, within an area
designated as an |
enterprise zone by the municipality under the Illinois
|
Enterprise Zone Act.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.14)
|
Sec. 25-7-103.14
7-103.14 . Quick-take;
Illinois Sports |
Facilities Authority purposes.
Quick-take proceedings under |
Article 20
Section 7-103 may be used
by the Illinois Sports |
Facilities Authority for the purpose
specified in Section 12 of |
|
the Illinois Sports Facilities Authority Act.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.15)
|
Sec. 25-7-103.15
7-103.15 . Quick-take;
sports stadium |
purposes.
Quick-take proceedings under Article 20
Section |
7-103 may be used
by a municipality having a population of more |
than 2,000,000 for
the purpose of acquiring the property |
described in Section 3 of the Sports
Stadium Act.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.16)
|
Sec. 25-7-103.16
7-103.16 . Quick-take;
University of |
Illinois.
Quick-take proceedings under Article 20
Section |
7-103 may be used
for a period of 18 months after July 29, |
1986, in any proceeding
by the Board of Trustees of the |
University of Illinois for the acquisition
of land in Champaign |
County or interests therein as a site for a building
or for any |
educational purpose.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.17)
|
Sec. 25-7-103.17
7-103.17 . Quick-take;
industrial harbour |
port.
Quick-take proceedings under Article 20
Section 7-103 may |
be used
for a period of 2 years after July 1, 1990, by a home
|
rule municipality and a county board, upon approval of a |
majority of the
corporate authorities of both the county board |
and the municipality, within
an area designated as an |
enterprise zone by the municipality and the county
board |
through an intergovernmental agreement under the Illinois |
Enterprise
Zone Act, when the purpose of the condemnation |
proceeding is to acquire
land for the construction of an |
industrial harbor port, and when the total
amount of land to be |
acquired for that purpose is less than 75 acres and is
adjacent |
to the Illinois River.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
|
(was 735 ILCS 5/7-103.18)
|
Sec. 25-7-103.18
7-103.18 . Quick-take;
airport authority |
purposes.
Quick-take proceedings under Article 20
Section |
7-103 may be used
by an airport authority located solely within |
the boundaries of
Madison County, Illinois, and which is |
organized pursuant to the provisions of
the Airport Authorities |
Act, (i) for the acquisition of 160 acres, or less, of
land or |
interests therein for the purposes specified in that Act which |
may be
necessary to extend, mark, and light runway 11/29 for a |
distance of 1600 feet
in length by 100 feet in width with |
parallel taxiway, to relocate and mark
County Highway 19, |
Madison County, known as Moreland Road, to relocate the
|
instrument landing system including the approach lighting |
system and to
construct associated drainage, fencing and |
seeding required for the foregoing
project and (ii) for a |
period of 6 months after December 28, 1989, for the
acquisition |
of 75 acres, or less, of land or interests therein for the |
purposes
specified in that Act which may be necessary to |
extend, mark and light the
south end of runway 17/35 at such |
airport.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.19)
|
Sec. 25-7-103.19
7-103.19 . Quick-take;
Little Calumet |
River.
Quick-take proceedings under Article 20
Section 7-103
|
may be used
by any unit of local government for a permanent |
easement for the
purpose of maintaining, dredging or cleaning |
the Little Calumet River.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.20)
|
Sec. 25-7-103.20
7-103.20 . Quick-take;
Salt Creek.
|
Quick-take proceedings under Article 20
Section 7-103 may be |
used
by any unit of local government for a permanent easement |
for the purpose of
maintaining, dredging or cleaning the Salt |
|
Creek in DuPage County.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.21)
|
Sec. 25-7-103.21
7-103.21 . Quick-take;
Scott Air Force |
Base.
Quick-take proceedings under Article 20
Section 7-103 may |
be used
by St. Clair County, Illinois, for the development of a |
joint use
facility at Scott Air Force Base.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.22)
|
Sec. 25-7-103.22
7-103.22 . Quick-take;
Village of Summit.
|
Quick-take proceedings under Article 20
Section 7-103 may be |
used
by the Village of Summit, Illinois, to acquire
land for a |
waste to energy plant.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.23)
|
Sec. 25-7-103.23
7-103.23 . Quick-take;
Chanute Air Force |
Base.
Quick-take proceedings under Article 20
Section 7-103 may |
be used
for a period of 15 months after September 7, 1990, by |
the
Department of Transportation or by any unit of local |
government under the
terms of an intergovernmental cooperation |
agreement between the Department
of Transportation and the unit |
of local government for the purpose of
developing aviation |
facilities in and around Chanute Air Force Base in
Champaign |
County, Illinois.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.24)
|
Sec. 25-7-103.24
7-103.24 . Quick-take;
Morris Municipal |
Airport.
Quick-take proceedings under Article 20
Section 7-103
|
may be used
for a period of 1 year after December 12, 1990, by |
the
City of Morris for the development of the Morris Municipal |
Airport.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
|
(was 735 ILCS 5/7-103.25)
|
Sec. 25-7-103.25
7-103.25 . Quick-take;
Greater Rockford |
Airport Authority.
Quick-take proceedings under Article 20
|
Section 7-103 may be used
for a period of 1 year after June 19, |
1991, by the
Greater Rockford Airport Authority for airport |
expansion purposes.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.26)
|
Sec. 25-7-103.26
7-103.26 . Quick-take;
Aurora Municipal |
Airport.
Quick-take proceedings under Article 20
Section 7-103
|
may be used
for a period of 24 months after June 30, 1991, by |
the City of Aurora
for completion of an instrument landing |
system and construction of an
east-west runway at the Aurora |
Municipal Airport.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.27)
|
Sec. 25-7-103.27
7-103.27 . Quick-take;
Metropolitan Pier |
and Exposition Authority purposes.
Quick-take proceedings |
under Article 20
Section 7-103 may be used
for the acquisition |
by the Metropolitan Pier and
Exposition Authority of property |
described in subsection (f) of Section 5
of the Metropolitan |
Pier and Exposition Authority Act for the purposes of
providing |
additional grounds, buildings, and facilities related to the
|
purposes of the Metropolitan Pier and Exposition Authority.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.28)
|
Sec. 25-7-103.28
7-103.28 . Quick-take;
road realignment.
|
Quick-take proceedings under Article 20
Section 7-103 may be |
used
for a period of 24 months after March 1, 1992, by the |
Village of
Wheeling and the City of Prospect Heights, owners of |
the Palwaukee Municipal
Airport, to allow for the acquisition |
of right of way to complete the
realignment of Hintz Road and |
|
Wolf Road.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.29)
|
Sec. 25-7-103.29
7-103.29 . Quick-take;
Bloomington-Normal |
Airport Authority.
Quick-take proceedings under Article 20
|
Section 7-103 may be used
for a period of one year from the |
effective date of this
amendatory Act of 1992, by the |
Bloomington-Normal Airport Authority for
airport expansion |
purposes.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.30)
|
Sec. 25-7-103.30
7-103.30 . Quick-take;
Lake-Cook Road.
|
Quick-take proceedings under Article 20
Section 7-103 may be |
used
for a period of 24 months after September 10, 1993, by the |
Cook
County Highway Department and Lake County Department of |
Transportation to allow
for the acquisition of necessary |
right-of-way for construction of underpasses
for Lake-Cook |
Road at the Chicago Northwestern Railroad crossing, west of
|
Skokie Boulevard, and the Chicago, Milwaukee, St. Paul and |
Pacific Railroad
crossing, west of Waukegan Road.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.31)
|
Sec. 25-7-103.31
7-103.31 . Quick-take;
Arcola/Tuscola |
Water Transmission Pipeline Project.
Quick-take proceedings |
under Article 20
Section 7-103 may be used
for a period of one |
year after December 23, 1993, by the City of Arcola
and the |
City of Tuscola for the development of the Arcola/Tuscola Water
|
Transmission Pipeline Project pursuant to the |
intergovernmental
agreement between the City of Arcola and the |
City of Tuscola.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.32)
|
|
Sec. 25-7-103.32
7-103.32 . Quick-take;
Bensenville Ditch.
|
Quick-take proceedings under Article 20
Section 7-103 may be |
used
for a period of 24 months from December 23, 1993, by the |
Village of
Bensenville for the acquisition of property bounded |
by Illinois Route 83 to the
west and O'Hare International |
Airport to the east to complete a flood control
project known |
as the Bensenville Ditch.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.33)
|
Sec. 25-7-103.33
7-103.33 . Quick-take;
Medical Center |
Commission.
Quick-take proceedings under Article 20
Section |
7-103 may be used
for a period of 9 months after November 1, |
1993, by the
Medical Center Commission for the purpose of |
acquiring a site for the Illinois
State Police Forensic Science |
Laboratory at Chicago, on the block bounded by
Roosevelt Road |
on the north, Wolcott Street on the east, Washburn Street on |
the
south, and Damen Avenue on the west in Chicago, Illinois.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.34)
|
Sec. 25-7-103.34
7-103.34 . Quick-take;
White County.
|
Quick-take proceedings under Article 20
Section 7-103 may be |
used
for a period of 36 months after July 14, 1995, by White |
County for
the acquisition of a
3 1/2 mile section of Bellaire |
Road, which is described as follows:
Commencing at the |
Northwest Corner of the Southeast 1/4 of Section 28, Township
6 |
South, Range 10 East of the 3rd Principal Meridian; thence |
South to a point
at the Southwest Corner of the Southeast 1/4 |
of Section 9, Township 7 South,
Range 10 East of the 3rd |
Principal Meridian.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.35)
|
Sec. 25-7-103.35
7-103.35 . Quick-take;
Indian Creek Flood |
Control Project.
|
|
(a) Quick-take proceedings under Article 20
Section 7-103
|
may be used
for a period of one year after July 14, 1995, by the |
City of Aurora
for permanent and
temporary easements except |
over land adjacent to Indian Creek and west of
Selmarten Creek |
located within the City of Aurora for the construction of Phase
|
II of the Indian Creek Flood Control Project.
|
(b) Quick-take proceedings under Article 20
Section 7-103
|
may be used
for a period beginning June 24, 1995 (the day
|
following the effective date of Public Act 89-29) and ending on |
July 13, 1995
(the day preceding the effective date of Public |
Act 89-134), by the City of
Aurora for permanent and temporary |
easements for the construction of Phase II
of the Indian Creek |
Flood Control Project.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.36)
|
Sec. 25-7-103.36
7-103.36 . Quick-take;
Grand Avenue |
Railroad Relocation Authority.
Quick-take proceedings under |
Article 20
Section 7-103 may be used
for a period beginning |
July 14, 1995, and ending
one year after the effective date of |
this amendatory
Act of the 93rd General Assembly, by the
Grand |
Avenue Railroad Relocation Authority
for the Grand Avenue |
Railroad Grade Separation Project within the
Village of |
Franklin Park, Illinois.
|
(Source: P.A. 92-525, eff. 2-8-02; 93-61, eff. 6-30-03.)
|
(was 735 ILCS 5/7-103.37)
|
Sec. 25-7-103.37
7-103.37 . Quick-take;
135th Street Bridge |
Project.
|
(a) Quick-take proceedings under Article 20
Section 7-103
|
may be used
for a period of 3 years after July 14, 1995, by the |
Village of Romeoville for
the acquisition of rights-of-way for |
the 135th Street Bridge Project, lying
within the South 1/2 of |
Section 34, Township 37 North, Range 10 East and the
South 1/2 |
of Section 35, Township 37 North, Range 10 East of the Third
|
Principal Meridian, and the North 1/2 of Section 2, Township 36 |
|
North, Range
10 East and the North 1/2 of Section 3, Township |
36 North, Range 10 East of
the 3rd Principal Meridian, in Will |
County, Illinois.
|
(b) Quick-take proceedings under Article 20
Section 7-103
|
may be used
for a period of 3 years after June 23, 1995, by the |
Illinois Department of
Transportation for the acquisition of |
rights-of-way for the 135th Street Bridge
Project between the |
Des Plaines River and New Avenue lying within the South 1/2
of |
Section 35, Township 37 North, Range 10 East of the Third |
Principal
Meridian and the North 1/2 of Section 2, Township 36 |
North, Range 10 East of
the 3rd Principal Meridian, in Will |
County, Illinois.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.38)
|
Sec. 25-7-103.38
7-103.38 . Quick-take;
Anna-Jonesboro |
Water Commission.
Quick-take proceedings under Article 20
|
Section 7-103 may be used
for a period beginning June 24, 1995 |
(the day after the effective date of
Public Act 89-29) and |
ending 18 months after July 14, 1995 (the effective date
of |
Public Act 89-134), by the Anna-Jonesboro Water Commission for |
the
acquisition of land and easements for improvements to its |
water treatment and
storage facilities and water transmission |
pipes.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.39)
|
Sec. 25-7-103.39
7-103.39 . Quick-take;
City of Effingham.
|
Quick-take proceedings under Article 20
Section 7-103 may be |
used
for a period of 36 months after July 14, 1995, by the City |
of Effingham for the
acquisition of property which is described |
as follows:
|
Tract 1:
|
Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO THE |
TOWN (NOW CITY) OF
EFFINGHAM (reference made to Plat |
thereof recorded in Book "K", Page 769, in
the Recorder's |
|
Office of Effingham County), situated in the City of |
Effingham,
County of Effingham and State of Illinois.
|
Tract 2:
|
The alley lying South and adjoining Tract 1, as vacated |
by Ordinance
recorded on July 28, 1937 in Book 183, Page |
465, and all right, title and
interest in and to said alley |
as established by the Contract for Easement
recorded on |
August 4, 1937 in Book 183, Page 472.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.40)
|
Sec. 25-7-103.40
7-103.40 . Quick-take;
Village of |
Palatine.
Quick-take proceedings under Article 20
Section |
7-103 may be used
for a period of one year after July 14, 1995, |
by the Village of Palatine for
the acquisition of property |
located along the south side of Dundee Road between
Rand Road |
and Hicks Road for redevelopment purposes.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.41)
|
Sec. 25-7-103.41
7-103.41 . Quick-take;
Medical Center |
District.
Quick-take proceedings under Article 20
Section |
7-103 may be used
for a period of 6 years after July 1, 1995, |
for the
acquisition by the Medical Center District of property |
described in Section 3
of the Illinois Medical District Act |
within the District Development Area as
described in Section 4 |
of that Act for the purposes set forth in that
Act.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.41a)
|
Sec. 25-7-103.41a
7-103.41a . Quick-take;
South Raney |
Street Improvement Project Phase I.
Quick-take proceedings |
under Article 20
Section 7-103 may be used
for a period of 24 |
months after June 21, 1996 by the City of
Effingham, Illinois |
for acquisition of property for the
South Raney Street |
Improvement Project Phase I.
|
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.42)
|
Sec. 25-7-103.42
7-103.42 . Quick-take;
Village of |
Deerfield.
Quick-take proceedings under Article 20
Section |
7-103 may be used
for a period of 3 years after June 21, 1996, |
by the Village of
Deerfield for the acquisition of territory |
within the Deerfield Village Center,
as designated as of that |
date by the Deerfield Comprehensive Plan, with the
exception of |
that area north of Jewett Park Drive (extended) between |
Waukegan
Road and the Milwaukee Railroad Tracks, for |
redevelopment purposes.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.43)
|
Sec. 25-7-103.43
7-103.43 . Quick-take;
City of Harvard.
|
Quick-take proceedings under Article 20
Section 7-103 may be |
used
for a period of 12 months after June 21, 1996, by the City |
of Harvard
for the acquisition of property lying west of |
Harvard Hills Road of sufficient
size to widen the Harvard |
Hills Road right of way and to install and maintain
city |
utility services not more than 200 feet west of the center
line |
of Harvard Hills Road.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.44)
|
Sec. 25-7-103.44
7-103.44 . Quick-take;
Village of River |
Forest.
Quick-take proceedings under Article 20
Section 7-103
|
may be used
for a period of 5 years after June 21, 1996, by the |
Village of River Forest,
Illinois, within the area designated |
as a tax increment financing district when
the purpose of the |
condemnation proceeding is to acquire land for any of the
|
purposes contained in the River Forest Tax Increment Financing |
Plan or
authorized by the Tax Increment Allocation |
Redevelopment Act, provided that
condemnation of any property |
zoned and used exclusively for residential
purposes shall be |
|
prohibited.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.45)
|
Sec. 25-7-103.45
7-103.45 . Quick-take;
Village of |
Schaumburg.
Quick-take proceedings under Article 20
Section |
7-103 may be used
for a period of 18 months after June 28, |
1996, by the Village of Schaumburg
for the acquisition of land, |
easements, and aviation easements for the purpose
of a public |
airport in Cook and DuPage Counties; provided that if any
|
proceedings under the provisions of this Article are pending on |
that date,
"quick-take" may be utilized by the Village of |
Schaumburg.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.46)
|
Sec. 25-7-103.46
7-103.46 . Quick-take;
City of |
Pinckneyville.
Quick-take proceedings under Article 20
Section |
7-103 may be used
for a period of one year after June 28, 1996, |
by the
City of Pinckneyville for the acquisition of land and |
easements
to provide for improvements to its water treatment |
and storage facilities and
water transmission pipes, and for |
the construction of a sewerage treatment
facility and sewerage |
transmission pipes to serve the Illinois Department of
|
Corrections Pinckneyville Correctional Facility.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.47)
|
Sec. 25-7-103.47
7-103.47 . Quick-take;
City of Streator.
|
Quick-take proceedings under Article 20
Section 7-103 may be |
used
for a period of 6 months after June 28, 1996, by the City |
of Streator
for the acquisition of property described as |
follows for a first flush basin
sanitary sewer system:
|
Tract 5: That part of lots 20 and 21 in Block 6 in |
Moore and Plumb's
addition to the city of Streator, |
Illinois, lying south of the right of way of
the switch |
|
track of the Norfolk and Western Railroad (now abandoned) |
in the
county of LaSalle, state of Illinois;
|
Tract 6: That part of lots 30, 31 and 32 in Block 7 in |
Moore and Plumb's
Addition to the city of Streator, |
Illinois, lying north of the centerline of
Coal Run Creek |
and south of the right of way of the switch track of the |
Norfolk
and Western Railroad (now abandoned) in the county |
of LaSalle, state of
Illinois.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.48)
|
Sec. 25-7-103.48
7-103.48 . Quick-take; MetroLink Light |
Rail System. Quick-take proceedings under Article 20
Section |
7-103 may be used
for a period of 48 months after January 16, |
1997, by
the Bi-State Development Agency of the |
Missouri-Illinois Metropolitan District
for the acquisition of |
rights of way and related property necessary for the
|
construction and operation of the MetroLink Light Rail System, |
beginning in
East St. Louis, Illinois, and terminating at Mid |
America Airport, St. Clair
County, Illinois.
|
(Source: P.A. 91-357, eff. 7-29-99; 91-367, eff. 7-30-99; |
92-16, eff.
6-28-01.)
|
(was 735 ILCS 5/7-103.49)
|
Sec. 25-7-103.49
7-103.49 . Quick-take;
Village of |
Schaumburg.
Quick-take proceedings under Article 20
Section |
7-103 may be used
for a period of 2 years after January 16, |
1997, by the Village of Schaumburg
for the acquisition of |
rights-of-way,
permanent easements, and temporary easements |
for the purpose of improving the
Roselle Road/Illinois Route |
58/Illinois Route 72 corridor, including
rights-of-way along |
Roselle Road, Remington Road, Valley Lake Drive, State
Parkway, |
Commerce Drive, Kristin Circle, and Hillcrest Boulevard, a |
permanent
easement along Roselle Road, and temporary easements |
along Roselle Road, State
Parkway, Valley Lake Drive, Commerce |
Drive, Kristin Circle, and Hillcrest
Boulevard, in Cook County.
|
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.51)
|
Sec. 25-7-103.51
7-103.51 . Quick-take;
Village of |
Bloomingdale.
Quick-take proceedings under Article 20
Section |
7-103 may be used
for a period of 12 months after July 25, |
1997, by the Village of Bloomingdale
for utility relocations |
necessitated by the Lake Street Improvement Project on
Lake |
Street between Glen Ellyn Road and Springfield Drive in the |
Village of
Bloomingdale.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.52)
|
Sec. 25-7-103.52
7-103.52 . Quick-take;
City of Freeport.
|
Quick-take proceedings under Article 20
Section 7-103 may be |
used
for a period of 36 months after July 25, 1997, by the
City |
of Freeport, owners of the Freeport Albertus Municipal Airport, |
to allow
for acquisition of any land, rights, or other property |
lying between East Lamm
Road and East Borchers Road to complete |
realignment of South Hollywood Road and
to establish the |
necessary runway safety zone in accordance with Federal
|
Aviation Administration and Illinois Department of |
Transportation design
criteria.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.53)
|
Sec. 25-7-103.53
7-103.53 . Quick-take;
Village of Elmwood |
Park.
Quick-take proceedings under Article 20
Section 7-103 may |
be used
for a period of 3 years after July 1, 1997, by the
|
Village of Elmwood Park
to be used only for the acquisition of |
commercially zoned property within the
area designated as the |
Tax Increment Redevelopment Project Area by ordinance
passed |
and approved on December 15, 1986, as well as to be used only |
for the
acquisition of commercially zoned property located at |
the northwest corner of
North Avenue and Harlem Avenue and |
commercially zoned property located at the
southwest corner of |
|
Harlem Avenue and Armitage Avenue for redevelopment
purposes, |
as set forth in Division 74.3 of Article 11 of the Illinois |
Municipal
Code.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.54)
|
Sec. 25-7-103.54
7-103.54 . Quick-take; Village of Oak |
Park.
|
(a) Quick-take proceedings under Article 20
Section 7-103
|
may be used
for a period of 3 years after July 25, 1997, by the |
Village of Oak Park for the
acquisition of property located |
along the south side of North Avenue between
Austin Boulevard |
and Harlem Avenue or along the north and south side of
Harrison |
Street between Austin Boulevard and Elmwood Avenue, not |
including
residentially zoned properties within these areas, |
for commercial redevelopment
goals.
|
(b) Quick-take proceedings under Article 20
Section 7-103
|
may be used
for a period of 3 years after August 14, 1997, by |
the Village of Oak Park for
the acquisition of property within |
the areas designated as the Greater Downtown
Area Tax Increment |
Financing District, the Harlem/Garfield Tax Increment
|
Financing District, and the Madison Street Tax Increment |
Financing District,
not including residentially zoned |
properties within these areas, for commercial
redevelopment |
goals.
|
(c) Quick-take proceedings under Article 20
Section 7-103
|
may be used
for a period of 3 years after August 14, 1997, by |
the Village of Oak Park for
the acquisition of property within |
the areas designated as the North Avenue
Commercial Strip and |
the Harrison Street Business Area, not including
residentially |
zoned properties within these areas, for commercial |
redevelopment
goals.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.55)
|
Sec. 25-7-103.55
7-103.55 . Quick-take;
Village of Morton |
|
Grove.
Quick-take proceedings under Article 20
Section 7-103
|
may be used
for a period of 3 years after August 14, 1997 by the |
Village of
Morton Grove, within the area designated as the
|
Waukegan Road Tax Increment Financing District to be used only |
for acquiring
commercially zoned properties located on |
Waukegan Road for tax increment
redevelopment projects |
contained in the redevelopment plan for the area.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.56)
|
Sec. 25-7-103.56
7-103.56 . Quick-take;
Village of |
Rosemont.
Quick-take proceedings under Article 20
Section |
7-103 may be used
for a period of 2 years after August 14, |
1997, by the Village of
Rosemont for the acquisition of the |
property
described as Tract 1, and the acquisition of any |
leasehold interest of the
property described as Tract 2, both |
described as follows:
|
Tract 1
|
PARCEL 1:
|
THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP
41 |
NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
|
DESCRIBED AS FOLLOWS:
|
COMMENCING AT THE INTERSECTION OF A LINE 50.00 FEET, AS
|
MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH
THE |
SOUTH LINE OF SAID SOUTHWEST 1/4 WITH A LINE 484.69
FEET, |
AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL
WITH THE |
WEST LINE OF SAID SOUTHWEST 1/4 (THE WEST LINE
OF SAID |
SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF
NORTH 00 DEGREES |
00 MINUTES 00 SECONDS EAST FOR THIS
LEGAL DESCRIPTION); |
THENCE NORTH 00 DEGREES 00 MINUTES
00 SECONDS EAST ALONG |
SAID LAST DESCRIBED PARALLEL LINE,
427.26 FEET TO A POINT |
FOR A PLACE OF BEGINNING; THENCE
CONTINUING NORTH 00 |
DEGREES 00 MINUTES 00 SECONDS EAST
ALONG SAID LAST |
DESCRIBED PARALLEL LINE, 251.92 FEET;
THENCE NORTH 45 |
DEGREES 00 MINUTES 00 SECONDS EAST,
32.53 FEET; THENCE |
NORTH 90 DEGREES 00 MINUTES 00
SECONDS EAST, 53.70 FEET; |
|
THENCE SOUTH 72 DEGREES 34
MINUTES 18 SECONDS EAST, 149.63 |
FEET; THENCE SOUTH 00
DEGREES 00 MINUTES 00 SECONDS WEST, |
230.11 FEET; THENCE
SOUTH 90 DEGREES 00 MINUTES 00 SECONDS |
WEST, 219.46 FEET,
TO THE POINT OF BEGINNING IN COOK |
COUNTY, ILLINOIS.
|
PARCEL 2:
|
THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP
41 |
NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
|
DESCRIBED AS FOLLOWS:
|
COMMENCING AT THE INTERSECTION OF A LINE 50.00 FEET, AS
|
MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH
THE |
SOUTH LINE OF SAID SOUTHWEST 1/4 WITH A LINE 484.69
FEET, |
AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL
WITH THE |
WEST LINE OF SAID SOUTHWEST 1/4 (THE WEST LINE
OF SAID |
SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF
NORTH 00 |
DEGREES, 00 MINUTES, 00 SECONDS EAST FOR THIS
LEGAL |
DESCRIPTION); THENCE NORTH 00 DEGREES, 00 MINUTES,
00 |
SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE,
|
153.00 FEET; THENCE NORTH 90 DEGREES, 00 MINUTES, 00
|
SECONDS EAST, 89.18 FEET; THENCE NORTH 00 DEGREES, 00
|
MINUTES, 00 SECONDS EAST, 48.68 FEET; THENCE NORTH 90
|
DEGREES, 00 MINUTES, 00 SECONDS EAST, 43.53 FEET; THENCE
|
SOUTH 00 DEGREES, 00 MINUTES, 00 SECONDS EAST, 8.00 FEET;
|
THENCE NORTH 90 DEGREES, 00 MINUTES, 00 SECONDS EAST,
44.23 |
FEET; THENCE NORTH 45 DEGREES, 00 MINUTES, 00
SECONDS EAST, |
60.13 FEET; THENCE NORTH 00 DEGREES, 00
MINUTES, 00 SECONDS |
EAST, 141.06 FEET TO A POINT FOR A
PLACE OF BEGINNING, SAID |
POINT BEING 447.18 FEET NORTH AND
704.15 FEET EAST OF THE |
SOUTHWEST CORNER OF THE
SOUTHWEST 1/4 OF SAID SECTION 33, |
AS MEASURED ALONG THE
WEST LINE OF SAID SOUTHWEST 1/4 AND |
ALONG A LINE AT RIGHT
ANGLES THERETO; THENCE NORTH 00 |
DEGREES, 00 MINUTES, 00
SECONDS EAST, 280.11 FEET; THENCE |
NORTH 72 DEGREES, 34
MINUTES, 18 SECONDS WEST, 149.63 FEET; |
THENCE SOUTH 90
DEGREES, 00 MINUTES, 00 SECONDS WEST, 53.70 |
FEET; THENCE
SOUTH 45 DEGREES, 00 MINUTES, 00 SECONDS WEST, |
32.53 FEET
TO A POINT ON A LINE 484.69 FEET, AS MEASURED AT |
|
RIGHT
ANGLES, EAST OF AND PARALLEL WITH THE WEST LINE OF |
SAID
SOUTHWEST 1/4, SAID POINT BEING 679.18 FEET, AS |
MEASURED
ALONG SAID PARALLEL LINE, NORTH OF THE |
AFOREDESCRIBED
POINT OF COMMENCEMENT; THENCE NORTH 00 |
DEGREES, 00
MINUTES, 00 SECONDS EAST ALONG SAID LAST |
DESCRIBED
PARALLEL LINE, 158.10 FEET; THENCE NORTH 39 |
DEGREES, 39
MINUTES, 24 SECONDS EAST, 27.09 FEET TO AN |
INTERSECTION
WITH THE SOUTHERLY LINE OF HIGGINS ROAD, BEING |
A LINE
50.00 FEET, AS MEASURED AT RIGHT ANGLES, SOUTHERLY |
OF
AND PARALLEL WITH THE CENTER LINE OF SAID ROAD; THENCE
|
SOUTH 72 DEGREES, 34 MINUTES, 18 SECONDS EAST ALONG SAID
|
LAST DESCRIBED SOUTHERLY LINE, 382.55 FEET TO AN
|
INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF THE
|
MINNEAPOLIS, ST. PAUL AND SAULT STE. MARIE RAILROAD
|
(FORMERLY THE CHICAGO AND WISCONSIN RAILROAD); THENCE
|
SOUTH 14 DEGREES, 51 MINUTES, 36 SECONDS EAST ALONG SAID
|
LAST DESCRIBED WESTERLY LINE, 378.97 FEET; THENCE SOUTH
90 |
DEGREES, 00 MINUTES, 00 SECONDS WEST, 260.00 FEET TO
THE |
PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS.
|
Generally comprising approximately 3.8 acres along the |
south side of
Higgins Road, East of Mannheim Road.
|
Tract 2
|
PARCEL 1:
|
Any leasehold interest of any portion of the property |
legally described as
follows:
|
THAT PART OF THE EAST 8 ACRES OF LOT 2 IN FREDERICK JOSS'S
|
DIVISION OF LAND IN SECTION 9, TOWNSHIP 40 NORTH, RANGE 12
|
EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THE NORTH
500 |
FEET THEREOF AS MEASURED ON THE EAST LINE) LYING
EASTERLY |
OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A
POINT ON |
THE NORTH LINE OF SAID LOT 2, 19.07 FEET WEST OF
THE |
NORTHEAST CORNER THEREOF; THENCE SOUTHWESTERLY
ALONG A |
LINE FORMING AN ANGLE OF 73 DEGREES 46 MINUTES
40 SECONDS |
(AS MEASURED FROM WEST TO SOUTHWEST) WITH
THE AFORESAID |
NORTH LINE OF LOT 2, A DISTANCE OF 626.69
FEET TO A POINT; |
THENCE SOUTHEASTERLY ALONG A LINE
FORMING AN ANGLE OF 20 |
|
DEGREES 58 MINUTES 25 SECONDS
(AS MEASURED TO THE LEFT) |
WITH A PROLONGATION OF THE
LAST DESCRIBED COURSE A DISTANCE |
OF 721.92 FEET TO A
POINT IN THE SOUTH LINE OF SAID LOT |
WHICH IS 85.31 FEET
WEST OF THE SOUTHEAST CORNER OF SAID |
LOT 2, EXCEPTING
THEREFROM THE FOLLOWING DESCRIBED |
PREMISES: THE SOUTH
50 FEET OF LOT 2 LYING EAST OF THE |
FOLLOWING DESCRIBED
LINE; BEGINNING AT A POINT IN THE SOUTH |
LINE OF LOT 2, WHICH
IS 85.31 FEET WEST OF THE SOUTHEAST |
CORNER OF SAID LOT;
THENCE NORTHERLY ON A LINE WHICH FORMS |
AN ANGLE OF 85
DEGREES 13 MINUTES 25 SECONDS IN THE |
NORTHWEST 1/4 WITH
SAID LAST DESCRIBED LINE IN FREDERICK |
JOSS'S DIVISION OF
LANDS IN THE NORTHEAST 1/4 OF SECTION 9, |
TOWNSHIP 40
NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL |
MERIDIAN.
|
PARCEL 2:
|
Plus any rights of ingress and egress which the said |
holder of the
leasehold interest may have pursuant to the |
following described easement:
|
GRANT OF EASEMENT FOR THE BENEFIT OF PARCEL 1 AS
CREATED BY |
GRANT FROM FRACAP SHEET METAL
MANUFACTURING COMPANY, INC. |
TO JUNE WEBER POLLY DATED
NOVEMBER 16, 1970 AND RECORDED |
APRIL 7, 1971 AS DOCUMENT
21442818 FOR PASSAGEWAY OVER THE |
EAST 20 FEET AS
MEASURED AT RIGHT ANGLES TO THE EAST LINE |
THEREOF OF
THE NORTH 500 FEET OF THAT PART OF THE EAST 8 |
ACRES OF
LOT 2 IN FREDERICK JOSS'S DIVISION OF LAND IN |
SECTION 9,
TOWNSHIP 40 NORTH, RANGE 12 EAST OF THE THIRD |
PRINCIPAL
MERIDIAN, LYING EASTERLY OF THE FOLLOWING |
DESCRIBED
LINE: BEGINNING AT A POINT ON THE NORTH LINE OF |
SAID LOT 2,
19.07 FEET WEST OF THE NORTHEAST CORNER |
THEREOF;
THENCE SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE |
OF
73 DEGREES 46 MINUTES 40 SECONDS (AS MEASURED FROM
WEST |
TO SOUTHWEST) WITH THE AFORESAID NORTH LINE OF LOT
2, A |
DISTANCE OF 626.69 FEET TO A POINT; THENCE
SOUTHEASTERLY |
ALONG A LINE FORMING AN ANGLE OF 20
DEGREES 58 MINUTES 25 |
SECONDS (AS MEASURED TO THE LEFT)
WITH A PROLONGATION OF |
THE LAST DESCRIBED COURSE A
DISTANCE OF 721.92 FEET TO A |
|
POINT IN THE SOUTH LINE OF
SAID LOT 2, WHICH IS 85.31 FEET |
WEST OF THE SOUTHEAST
CORNER OF SAID LOT 2, IN COOK COUNTY, |
ILLINOIS.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.57)
|
Sec. 25-7-103.57
7-103.57 . Quick-take;
City of Champaign.
|
Quick-take proceedings under Article 20
Section 7-103 may be |
used
for a period of 24 months from August 14, 1997, by the |
City of
Champaign for the acquisition of land
and easements in |
and adjacent to the City of Champaign for the improvement of
|
Windsor Road and Duncan Road and for the construction of the |
Boneyard Creek
Improvement Project.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.58)
|
Sec. 25-7-103.58
7-103.58 . Quick-take;
City of Rochelle.
|
Quick-take proceedings under Article 20
Section 7-103 may be |
used
for a period of 24 months from July 30, 1998, by the City |
of Rochelle, to
allow the acquisition of easements for the |
construction and maintenance of
overhead utility lines and |
poles along a route within and adjacent to
existing roadway |
easements on Twombley, Mulford, and Paw Paw
roads in Ogle and |
Lee counties.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.59)
|
Sec. 25-7-103.59
7-103.59 . Quick-take;
Village of |
Bolingbrook.
Quick-take proceedings under Article 20
Section |
7-103 may be used
for a period of 3 years after July 30, 1998, |
by the Village
of Bolingbrook for acquisition of property |
within a
Regional Stormwater Detention Project Area, when the |
purpose of the
condemnation proceeding is to acquire land for |
one or more of the following
public purposes: drainage, |
stormwater management, open space, recreation,
improvements |
for water service and related appurtenances, or wetland |
|
mitigation
and banking; the project area is in Wheatland |
Township, Will County, bounded
generally by Essington Road, |
127th Street, and Kings Road and is more
particularly described |
as follows: That part of Section 25 Township 37 N Range
9 E of |
the 3rd Principal Meridian all in Wheatland Township, Will |
County,
except the Northeast Quarter; the North 1/2 of the |
Northwest Quarter; and the
Southwest Quarter of the Southwest |
Quarter.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.60)
|
Sec. 25-7-103.60
7-103.60 . Quick-take;
Village of Franklin |
Park.
Quick-take proceedings under Article 20
Section 7-103 may |
be used
for a period of 36 months after July 1, 1998, by
the |
Village of Franklin Park, for the acquisition for school
|
purposes, including, but not limited to, school parking lot |
purposes, of
property bounded on the west by Rose Street, on |
the north by Nerbonne Street,
on the east by Pearl Street |
extended north on Nerbonne Street, and on the
south by King |
Street, except that no portion used for residential purposes
|
shall be taken.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.61)
|
Sec. 25-7-103.61
7-103.61 . Quick-take;
Village of Melrose |
Park.
Quick-take proceedings under Article 20
Section 7-103 may |
be used
for a period of 5 years after June 1, 1998 by the |
Village of
Melrose Park to acquire the following described |
property, for the
purpose of redeveloping blighted areas:
|
Golfland
|
That part of the North half of the South East Quarter |
of the South West
quarter of Section 35, Township 40 North, |
Range 12, East of the Third
Principal Meridian, lying |
Northeast of the Northeasterly right-of-way line of
the |
Minneapolis, St. Paul and Sault Ste. Marie Railroad; lying |
South of a line
443.00 feet North of and parallel to the |
|
South line of the North half of the
South
East Quarter of |
the South West Quarter of Section 35, aforesaid; and lying
|
west of the West line of the East 490 feet of the North |
half of the South East
Quarter of the South West Quarter of |
Section 35, aforesaid (excepting
therefrom the East 50 feet |
of the North 80 feet thereof and except that part
taken and |
dedicated for 5th Avenue);
|
ALSO
|
That part of the South half of the South East Quarter |
of the South West
Quarter of Section 35, Township 30 North, |
Range 12, East of the Third
Principal Meridian, lying |
Northeast of the Northeasterly right-of-way line of
the |
Minneapolis, St. Paul and Sault Ste. Marie Railroad, |
described as follows:
commencing at the intersection of the |
West line of the South East Quarter of
the South West |
Quarter of Section 35, aforesaid, with the North line of |
the
South half of the South East Quarter of the South West |
Quarter of said Section
35;
thence East along the |
aforementioned North line 67.91 Feet to the point of
|
beginning of land herein described; thence continue East |
along said North line
297.59 feet; thence Southwesterly |
along a line forming an angle of 17 degrees
41 minutes 34 |
seconds,
measured from West to South West with last |
described course, from a
distance of 240.84 feet to a point |
100 feet Southeasterly of the point of
beginning; thence |
Northwesterly 100 feet to the point of beginning; all in
|
Cook County.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.62)
|
Sec. 25-7-103.62
7-103.62 . Quick-take;
Village of Melrose |
Park.
Quick-take proceedings under Article 20
Section 7-103 may |
be used
for a period of 3 years after June 1, 1998, by the |
Village of
Melrose Park to acquire property described as |
follows for the purpose of
redeveloping blighted areas:
|
THAT PART OF THE WEST 340 FEET OF THE EAST 1360 FEET OF |
|
THE NORTH HALF OF
THE NORTHEAST QUARTER OF SECTION 2, |
TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE
THIRD PRINCIPAL |
MERIDIAN, LYING NORTH OF THE CENTERLINE OF DES PLAINES |
RIVER
(EXCEPT THAT PART OF THE WEST 340 FEET OF THE EAST |
1360 FEET OF THE NORTH HALF
OF THE NORTHEAST QUARTER OF |
SECTION 2, TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE
THIRD |
PRINCIPAL MERIDIAN, LYING NORTH OF THE CENTERLINE OF DES |
PLAINES RIVER
AND LYING SOUTH OF A LINE DESCRIBED AS |
COMMENCING ON THE EAST LINE OF SAID
TRACT 880 FEET SOUTH OF |
THE NORTH LINE OF SAID SECTION 2 RUNNING WESTERLY TO A
|
POINT IN THE WEST LINE OF SAID TRACT WHICH IS 976 FEET |
SOUTH OF THE NORTH LINE
OF SAID SECTION AND EXCEPT THE |
NORTH 99.2 FEET AS MEASURED ON THE WEST LINE
AND BY 99.6 |
FEET AS MEASURED ON THE EAST LINE OF SAID WEST 340 FEET AND
|
DEDICATED AND CONVEYED TO STATE OF ILLINOIS FOR ROAD OR |
PUBLIC HIGHWAY
PURPOSES), IN COOK COUNTY, ILLINOIS.
|
THAT PART OF THE WEST 170 FEET OF THE EAST 1530 FEET OF |
THE NORTH 1/2 OF
THE NORTHEAST 1/4 OF SECTION 2, TOWNSHIP |
39 NORTH, RANGE 12, EAST OF THE THIRD
PRINCIPAL MERIDIAN, |
LYING NORTH OF THE CENTER LINE OF DES PLAINES RIVER.
|
(EXCEPT THAT PART OF THE WEST 170 FEET OF THE EAST 1530 |
FEET OF THE NORTH 1/2
OF
THE NORTHEAST 1/4 OF SECTION 2, |
TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD
PRINCIPAL |
MERIDIAN, LYING NORTH OF THE CENTER LINE OF DES PLAINES |
RIVER AND
LYING SOUTH OF A LINE DESCRIBED AS COMMENCING ON |
THE EAST LINE OF SAID TRACT
976 FEET SOUTH OF THE NORTH |
LINE OF SAID SECTION 2, RUNNING WESTERLY TO A POINT
IN THE |
WEST LINE OF SAID TRACT WHICH IS 1095.50 FEET SOUTH OF THE |
NORTH LINE OF
SAID SECTION AND EXCEPT THE NORTH 100.00 FEET |
AS MEASURED ON THE WEST LINE AND
BY 99.2 FEET AS MEASURED |
ON THE EAST LINE OF SAID WEST 170 FEET AND DEDICATED
AND |
CONVEYED TO THE STATE OF ILLINOIS FOR ROAD OR PUBLIC |
HIGHWAY PURPOSES), IN
COOK COUNTY, ILLINOIS.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.63)
|
|
Sec. 25-7-103.63
7-103.63 . Quick-take;
City of Peru.
|
Quick-take proceedings under Article 20
Section 7-103 may be |
used
for a period of 24 months after July 30, 1998 by the City |
of Peru
for removal of existing residential deed restrictions |
on
the use of property, and the rights of other property
owners |
in the subdivision to enforce those restrictions,
as they apply |
to lots 10, 11, 12, 13, 14, 15, and 16 in
Urbanowski's |
Subdivision to the City of Peru, all of
which are owned by the |
Illinois Valley Community Hospital
and adjacent to the existing |
hospital building, for the
limited purpose of allowing the |
Illinois Valley Community
Hospital to expand its hospital |
facility, including
expansion for needed emergency room and |
outpatient
services; under this Section 7-103.63 compensation |
shall be
paid to those other property owners for the removal of
|
their rights to enforce the residential deed restrictions
on |
property owned by the Illinois Valley Community
Hospital, but |
no real estate owned by those other
property owners may be |
taken.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.64)
|
Sec. 25-7-103.64
7-103.64 . Quick-take;
Village of South |
Barrington.
Quick-take proceedings under Article 20
Section |
7-103 may be used
for a period of 3 years after July 30, 1998, |
by the Village
of South Barrington for the
acquisition of land |
and temporary and permanent easements for the
purposes of |
construction and maintenance of sewerage facilities and
|
sewerage transmission pipes along an area not to exceed 100 |
feet
north of the Northwest Tollway between Barrington Road and |
Route
72.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.65)
|
Sec. 25-7-103.65
7-103.65 . Quick-take;
Village of |
Northlake.
Quick-take proceedings under Article 20
Section |
7-103 may be used
for a period of 18 months after July 30,
|
|
1998, by the Village of Northlake for the
acquisition of the |
following described property for stormwater
management and |
public recreation purposes:
|
LOT 10 IN BLOCK 7 IN TOWN MANOR SUBDIVISION OF
THE |
NORTH 100 ACRES OF THE NORTH EAST 1/4 OF
SECTION 5, |
TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE
THIRD PRINCIPAL |
MERIDIAN, IN COOK COUNTY, ILLINOIS.
|
Commonly known as 315 E. Morse Drive, Northlake, |
Illinois,
60164;
|
LOT 17 IN BLOCK 2 IN MIDLAND DEVELOPMENT COMPANY'S |
NORTHLAKE VILLAGE, A
SUBDIVISION OF THE NORTH HALF OF THE |
NORTHWEST QUARTER OF SECTION 5, TOWNSHIP
39 NORTH, RANGE |
12, EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THE SOUTH
|
208.7 FEET OF THE WEST 208.7 FEET EAST OF WOLF ROAD OF THE |
NORTH HALF OF THE
NORTHWEST QUARTER,
AFORESAID), IN COOK |
COUNTY, ILLINOIS.
|
PIN: 15-05-115-001
|
Commonly known as 101 S. Wolf Road, Northlake, |
Illinois, 60164.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.66)
|
Sec. 25-7-103.66
7-103.66 . Quick-take;
City of Carbondale.
|
Quick-take proceedings under Article 20
Section 7-103 may be |
used
for a period of 48 months after July 30, 1998, by the City |
of Carbondale,
for the acquisition of property bounded by the |
following lines
for the Mill Street Underpass Project (which is |
part of the Carbondale Railroad
Relocation Project): a line 300 |
feet west of the centerline of Thompson Street;
a line 100 feet |
east of the centerline of Wall Street; a line 700 feet north of
|
the centerline of College Street; and the centerline of Grand |
Avenue.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.67)
|
Sec. 25-7-103.67
7-103.67 . Quick-take;
Village of Round |
|
Lake Park.
Quick-take proceedings under Article 20
Section |
7-103 may be used
for a period of 3 years after July 30, 1998,
|
by the Village of Round Lake Park in Lake County for |
acquisition of temporary
construction easements and permanent |
easement corridors for providing off-site
water and sewer |
service for the Alter Business Park, generally described as
|
follows:
|
Commencing at the Joint Action Water Agency (JAWA) |
facility on the south
side of Winchester Road (County Route |
A34) and west of Midlothian Road, the
proposed public water |
line will be located in the Winchester Road (County Route
|
A34) right-of-way or immediately adjacent to the |
right-of-way from the JAWA
facility west to Illinois State |
Route 83. The water line will then extend
under Illinois |
State Route 83 and continue in the Winchester Road (County |
Route
A34) right-of-way or immediately adjacent to the |
right-of-way as it extends
westerly from Illinois State |
Route 83 to the proposed pump station and delivery
|
structure at the most southerly west property line of the |
Alter property
located south of Peterson Road (County Route |
A33) and west of Illinois
State Route 83. Also, the |
proposed public water line will be located in the
Peterson |
Road (County Route A33) right-of-way or immediately |
adjacent to the
right-of-way from Illinois State Route 83 |
west to the westerly property line
of the Alter property, |
which property line lies approximately 2600' west of
|
Alleghany Road (County Route V68).
|
The proposed sanitary sewer route will commence at a |
location on Fairfield
Road (County Route V61) north of |
Illinois State Route 134 at the Lake County
Interceptor |
(which ultimately extends into the Fox Lake Sanitary |
District
System); the route of the sanitary sewer will |
continue south of Illinois State
Route 134 in the |
right-of-way of Fairfield Road (County Route V61) or
|
immediately adjacent thereto from its extension
north of |
Illinois State Route 134 to its intersection with Townline |
|
Road. The
sanitary sewer will then extend east in the |
right-of-way of Townline Road or
immediately adjacent |
thereto to its intersection with Bacon Road. The sanitary
|
sewer will then extend in the Bacon Road right-of-way line |
or immediately
adjacent thereto continuing in a |
southeasterly direction until its intersection
with |
Illinois State Route 60. The sanitary line will then extend |
in the
Illinois State Route 60 right-of-way by permit or |
immediately adjacent thereto
continuing easterly along |
said right-of-way to the point of intersection with
|
Peterson Road (County Route A33). The sanitary line will |
then continue
easterly in the right-of-way of Peterson Road |
(County Route A33) or immediately
adjacent thereto to the |
point of intersection with Alleghany Road (County Route
|
V68) and then will extend within the Alter property.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.68)
|
Sec. 25-7-103.68
7-103.68 . Quick-take; Village of |
Rosemont. Quick-take proceedings under Article 20
Section |
7-103 may be used
for a period of 3 years after July 30, 1998, |
by the Village of Rosemont for
redevelopment purposes, |
including infrastructure improvements,
construction of |
streets, stormwater facilities, and drainage areas, and
flood |
plain improvements, for the acquisition of property described
|
as follows:
|
That part of the Northwest Quarter and that part of the |
Southwest Quarter
of Section 3, Township 40 North, Range |
12, East of the Third Principal
Meridian, and being more |
particularly described as follows:
|
Beginning at the point of intersection of the west |
right-of-way line of
River
Road (as shown on the plat of |
subdivision for Gerhart Huehl Estates Division
per |
document number 4572711) and the southerly line of Lot 7 in |
said Gerhart
Huehl Estates Division; thence north 14 |
degrees 38 minutes 19 seconds west,
along the aforesaid |
|
west
right-of-way of River Road, to the point of |
intersection with a line drawn
490.0 feet south of and |
parallel to the north line of Lot 3 in the said Gerhart
|
Huehl Estates Division; thence north 89 degrees 07 minutes |
41 seconds west,
along the previously
described parallel |
line 554.77 feet to the point, said point being 540.00 feet
|
east of the easterly right-of-way line of Schafer Court |
(Schafer Court being an
unrecorded roadway); thence, north |
0 degrees 00 minutes 00 seconds east, 284.12
feet to the |
point of
intersection with south line of the aforesaid Lot |
3 (said south line also being
the north line of Lot 6 in |
Gerhart Huehl Estates Division); thence north 89
degrees 04 |
minutes
45 seconds west, along the said south line of Lot |
3, 478.29 feet to the point
of intersection with the |
aforesaid easterly right-of-way line of Schafer Court;
|
thence south 12 degrees 16 minutes 34 seconds west, along |
the said easterly
right-of-way line, 312.83
feet; thence |
south 18 degrees 09 minutes 05 seconds west, continuing |
along the
said easterly
right-of-way line, 308.16 feet to |
the point of intersection with the northerly
right-of-way |
line of Higgins Road as dedicated per document number |
11056708;
thence, north 66 degrees 43 minutes 09 seconds |
west along said northerly
right-of-way line of Higgins
Road |
to the easterly right-of-way of the Northwest Toll Road; |
thence southerly
along said easterly right-of-way of the |
Northwest Toll Road to the southerly
right-of-way of Maple |
Avenue extended westerly; thence easterly along said
|
southerly right-of-way line of Maple Avenue (recorded as |
Bock Avenue) to the
easterly right-of-way line of Gage |
Street; thence northerly along said easterly
right-of-way |
line of Gage Street to the southerly line of Lot 2 in River |
Rose
Subdivision Unit 2 per document number 19594706; |
thence easterly along the
southerly line of said Lot 2 in |
River Rose Subdivision Unit Number 2 and said
southerly |
line extended easterly to the easterly
right-of-way line of |
Glen Lake Drive (as dedicated in River Rose Subdivision
per |
|
Document Number 19352146 and dedicated as Willow Creek |
Drive); thence
southwesterly along said easterly |
right-of-way line to the northwest corner of
Lot 1 in said |
River Rose Subdivision; thence south 59 degrees 08 minutes |
47
seconds east, along the
northerly lines of Lots 1 |
through 13 (both inclusive) in the said River Rose
|
subdivision, 757.48 feet to the most northeasterly corner |
of said Lot 13;
thence south 11 degrees 05 minutes 25 |
seconds west, along the easterly line of
said lot 13 in |
said
River Rose Subdivision, 14.08 feet to the northerly |
line of Glen J. Nixon's
subdivision as per document |
19753046; thence easterly along said northerly
line, |
237.43 feet to the westerly right-of-way of said Des |
Plaines River Road;
|
Thence southerly along said westerly right-of-way of |
Des Plaines River Road
to the southerly line of the |
Northerly 90 feet of Lot 2 in said Glen J. Nixon's
|
subdivision; thence westerly along said southerly line to |
the westerly line of
said Glen J. Nixon's subdivision; |
thence southerly along the said westerly line
of Glen J. |
Nixon's subdivision to the southerly right-of-way of an |
unrecorded
roadway; thence south 70 degrees 43 minutes 16 |
seconds west, along the
southerly line of the unrecorded |
roadway, 108.23 feet; thence
continuing along the |
southerly right-of-way of the unrecorded roadway, 95.34
|
feet along an arc of a circle whose radius is 110.00 feet |
and being convex to
the south; thence north 56 degrees 32 |
minutes 25 seconds west, continuing along
the southerly
|
right-of-way
of the said unrecorded roadway, 216.00 feet to |
the southwest corner of said
Glen Lake Drive as dedicated |
in the aforesaid River Rose subdivision; thence
north 59 |
degrees 10 minutes 12 seconds west, along the southerly |
right-of-way
of said Glen Lake
Drive, 327.48 feet, to the |
point of intersection with east line of Lot 8 in
Block 1 in |
Higgins Road Ranchettes Subdivision per Document Number |
13820089;
thence northerly along the east line of said Lot |
|
8, 97.24 feet to a point; said
point being 66.00 feet south |
of the northeast corner of said Lot 8; thence
north 89 |
degrees 36 minutes 54 seconds west, along a line which is |
66.00 feet
south of and parallel
to the north line of Lots |
3, 4, 5, 6, 7, and 8 in said Higgins Road Ranchettes
|
Subdivision (said parallel line also being the south line |
of an unrecorded
street known as Glenlake Street), 621.61 |
feet to the point of intersection with
the northeasterly |
right-of-way line of Toll Road; the next four courses being
|
along the said northeasterly right-of-way line of
the Toll |
Road; thence south 21 degrees 28 minutes
12 seconds east, |
219.81 feet; thence south 34 degrees 29 minutes 34 seconds
|
east, 261.77 feet; thence south
52 degrees 02 minutes 04 |
seconds east, 114.21 feet; thence south 52 degrees 07
|
minutes 21 seconds east to the westerly line
(extended |
northerly) of Lots 83 through 87 inclusive in Frederick H. |
Bartlett's
River View Estates recorded as Document Number |
853426 in Cook County; thence
southerly along said westerly |
line to the southerly right-of-way line of
Thorndale |
Avenue; thence easterly along said southerly right-of-way |
line of
Thorndale Avenue 14.65 feet; thence southerly along |
a line parallel with the
said westerly line of Lots 83 |
through 87 inclusive and 14.38 feet easterly,
139.45 feet; |
thence southwesterly along a line which ends in the |
southerly line
of said Lot 84 extended westerly, 85.35 feet |
westerly from the southwest corner
of said Lot 84; thence |
easterly along said southerly line to the westerly
|
right-of-way of Des Plaines River Road; thence northerly |
along said westerly
right-of-way line to the said northerly |
line of the Toll Road; thence south 52
degrees 07 minutes |
21 seconds east, along said right-of-way to the centerline
|
of said Des Plaines River
Road; thence south 11 degrees 06 |
minutes 48 seconds west, along said
centerline, 1.47 feet; |
thence
south 55 degrees 56 minutes 09 seconds east, |
continuing along the said
northeasterly right-of-way
line |
of the Toll Road (said line also being the south line of |
|
Lot 1 in Rosemont
Industrial Center per Document Number |
20066369), 411.98 feet; thence south 61
degrees 51 minutes |
06 seconds
east, continuing along the said northeasterly |
right-of-way line of the Toll
Road (said line also being |
along the south line of Lots 1, 2, and 5 in said
Rosemont |
Industrial Center), 599.13 feet to the southeast corner of |
said
Lot 5; thence north 12 degrees 45 minutes 47 seconds |
east, along the east lines
of Lots 3 and 5 in
said Rosemont |
Industrial Center, 424.40 feet; thence north 33 degrees 51
|
minutes 39 seconds east,
along the east lines of Lots 3 and |
4 in the said Rosemont Industrial Center,
241.42 feet to |
the northeast corner of said Lot 4; thence north 33 degrees |
51
minutes 40 seconds
east, 189.38 feet to the center of |
said Section 3; thence north 2 degrees 42
minutes 55 |
seconds east,
along the east line of the northwest quarter |
of said Section 3, 375.90 feet to
the point of intersection |
with
the south line of Higgins Road, as widened per |
Document Number 11045055; the
next three courses being |
along the said south right-of-way line of Higgins
Road; |
thence north 64 degrees 30 minutes 51 seconds west, 53.65 |
feet; thence
northwesterly, 436.47
feet along an arc of a |
circle whose radius is 1,482.69 feet and being convex to
|
the southwest; thence north 47 degrees 57 minutes 51 |
seconds west, 73.57 feet;
thence northeasterly,
along an |
arc of a circle whose radius is 5,679.65 feet and being |
convex to the
northeast, to a point of intersection of said |
southerly right-of-way of Higgins
Road and the |
southeasterly line of the land conveyed to James H. Lomax |
by
Document Number 1444990; thence northeasterly along |
said southeasterly line
extended, 197 feet to the center |
line of the Des Plaines River; thence north 49
degrees 11 |
minutes 20 seconds west 325.90 feet; thence continuing in |
the said
center line of the Des
Plaines River, north 27 |
degrees 56 minutes 17 seconds west 370.53 feet; thence
|
north 12 degrees 10 minutes 40 seconds east,
16.0 feet; |
thence southwesterly along said southeasterly line of Lot 7 |
|
extended
in Gerhart Huehl Estates Division, to said place |
of beginning;
|
Plus,
|
That part of the West half of the Northwest quarter of |
Section 3, Township
40 North, Range 12 East of the Third |
Principal Meridian, in Cook County,
Illinois, described as |
follows:
|
Beginning at the intersection of the South line of |
Devon Avenue with the
East line of Shafer Court being a |
point 281.01 feet East of the West line of
the |
aforementioned West half of the Northwest quarter of |
Section 33; thence
Southerly along the East line of said |
Shafer Court, 193.91 feet to the South
line of Lot 3 in |
Gerhart Huehl Estate Division according to the plat thereof
|
recorded June 3, 1910, as Document 4572711, being a point |
241.74 feet East of
the aforementioned West half of the |
Northwest quarter of Section 33; thence
East along the |
South line of said Lot 3, a distance of 508.5 feet to a |
point
487.69 feet West of the centerline of River Road; |
thence continuing easterly
along the last described line as |
extended to the west line of River Road;
thence northerly |
along the west line of River Road to the South line of |
Devon
Avenue; thence westerly along the south line of Devon |
Avenue to the point of
beginning;
|
Plus,
|
That part of the Southwest quarter of Section 3, |
Township 40 North, Range
12 East of the Third Principal |
Meridian, in Cook County, Illinois, described as
follows:
|
Beginning at the Southeast corner of Rosemont |
Industrial Center, being a
subdivision recorded February |
17, 1967 as Document 20066369; thence
Northwesterly along |
the South line of Rosemont Industrial Center aforesaid, and
|
said South line extended to the Westerly line of River Road |
to the South;
thence Southwesterly along said Westerly |
line, to the North line of Interstate
290; thence Easterly |
along said North line, to the West line of property owned
|
|
by the Forest Preserve; thence along and then Northerly |
along the irregular
West line of property owned by the |
Forest Preserve and extended across the
Interstate 290 |
right-of-way, to the point of beginning;
|
Plus,
|
The Northerly 90 feet of Lot 2 in Glen J. Nixon's |
Subdivision of part of
Lot 15 in Assessor's Division of |
part of Section 3, Township 40 North, Range
12, East of the |
Third Principal Meridian, according to the plat thereof
|
recorded March 1, 1966 as Document 19753046, in Cook |
County, Illinois, (except
therefrom that part used for |
River Road), all in Cook County.
|
PLUS,
|
THAT PART OF THE NORTHWEST QUARTER OF SECTION 3 |
TOWNSHIP 40 NORTH, RANGE
12, EAST OF THE THIRD PRINCIPAL |
MERIDIAN, AND BEING MORE PARTICULARLY DESCRIBED
AS |
FOLLOWS:
|
BEGINNING AT THE POINT OF INTERSECTION OF THE EASTERLY |
RIGHT-OF-WAY LINE OF
THE NORTHWEST TOLL ROAD AND THE |
SOUTHERLY RIGHT-OF-WAY LINE OF MAPLE AVENUE
EXTENDED |
WESTERLY; THENCE EASTERLY ALONG SAID SOUTHERLY |
RIGHT-OF-WAY LINE OF
MAPLE AVENUE (RECORDED AS BOCK AVENUE) |
TO THE EASTERLY RIGHT-OF-WAY LINE OF
GAGE STREET; THENCE |
NORTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF GAGE
|
STREET TO THE SOUTHERLY LINE OF LOT 2 IN RIVER ROSE |
SUBDIVISION UNIT 2 PER
DOCUMENT NUMBER 19594706; THENCE |
EASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT
2 IN RIVER |
ROSE SUBDIVISION UNIT NUMBER 2 AND SAID SOUTHERLY LINE |
EXTENDED
EASTERLY TO THE EASTERLY RIGHT-OF-WAY LINE OF GLEN |
LAKE DRIVE (AS DEDICATED IN
RIVER ROSE SUBDIVISION PER |
DOCUMENT NUMBER 19352146 AND DEDICATED AS WILLOW
CREEK |
DRIVE); THENCE SOUTHWESTERLY ALONG SAID EASTERLY |
RIGHT-OF-WAY LINE TO
THE NORTHWEST CORNER OF LOT 1 IN SAID |
RIVER ROSE SUBDIVISION; THENCE
SOUTHEASTERLY ALONG THE |
NORTHERLY LINE OF SAID LOT 1 IN SAID RIVER ROSE
|
SUBDIVISION, 86.0 FEET TO THE NORTHEAST CORNER OF SAID LOT |
|
1; THENCE
SOUTHWESTERLY ALONG THE EASTERLY LINE OF SAID LOT |
1, 120.0 FEET TO THE
SOUTHEAST CORNER OF SAID LOT 1; THENCE |
NORTHWESTERLY ALONG THE SOUTHERLY LINE
OF SAID LOT 1 AND |
THE NORTHERLY RIGHT-OF-WAY LINE OF RIVER ROSE STREET (AS
|
DEDICATED IN RIVER ROSE SUBDIVISION PER DOCUMENT NUMBER |
19352146), 34.3 FEET TO
THE INTERSECTION OF THE NORTHERLY |
RIGHT-OF-WAY LINE OF SAID RIVER ROSE STREET
AND THE |
EASTERLY LINE OF SAID WILLOW CREEK DRIVE, ALSO BEING THE |
SOUTHWEST
CORNER OF SAID LOT 1; THENCE SOUTHEASTERLY ALONG |
THE EASTERLY RIGHT-OF-WAY LINE
OF SAID WILLOW CREEK DRIVE |
TO THE MOST SOUTHWESTERLY CORNER OF LOT 27 IN SAID
RIVER |
ROSE SUBDIVISION; THENCE SOUTHWESTERLY TO THE INTERSECTION |
OF THE
NORTHWESTERLY CORNER OF LOT "B" IN SAID RIVER ROSE |
SUBDIVISION WITH THE EAST
LOT LINE OF LOT 8 IN BLOCK 1 IN |
HIGGINS ROAD RANCHETTES SUBDIVISION PER
DOCUMENT NUMBER |
13820089; THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT |
8,
97.24 FEET TO A POINT; SAID POINT BEING 66.00 FEET SOUTH |
OF THE NORTHEAST
CORNER OF SAID LOT 8; THENCE WESTERLY, |
ALONG A LINE WHICH IS 66.00 FEET SOUTH
OF AND PARALLEL TO |
THE NORTH LINE OF LOTS 3, 4, 5, 6, 7, AND 8 IN SAID HIGGINS
|
ROAD RANCHETTES SUBDIVISION AND THEN WESTERLY THEREOF |
(SAID PARALLEL LINE ALSO
BEING THE SOUTH LINE OF AN |
UNRECORDED STREET KNOWN AS GLENLAKE STREET), TO THE
POINT |
OF INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF THE |
AFORESAID
NORTHWEST TOLL ROAD; THENCE NORTHWESTERLY ALONG |
THE EASTERLY RIGHT-OF-WAY
LINE OF SAID NORTHWEST TOLL ROAD |
TO THE POINT OF BEGINNING;
|
AREA 1:
|
That part of the South West Quarter of Section 33, |
Township 41 North, Range
12 East of the third Principal |
Meridian, lying North of a line 575 feet north
(measured at |
90 degrees) of the South line of said South West Quarter, |
lying
West of a line 451.45 feet East (measured at 90 |
degrees) of the West line of
said South West Quarter and |
South of the center line of Higgins Road (except
parts |
taken or used for highway purposes, including the land |
|
taken by
condemnation in Case No. 65 L 8179 Circuit Court |
of Cook County, Illinois,
described as follows: That part |
of the South West Quarter of Section 33,
Township 41 North, |
Range 12 East of the Third Principal Meridian, bounded and
|
described as follows: Beginning at a point of intersection |
of the center line
of Higgins Road, as now located and |
established with the West line of the South
West Quarter of |
said Section 33; thence South along said West line of the |
South
West Quarter of said Section, a distance of 560.2 |
feet to a point in the North
line of the South 575.0 feet |
of said South West Quarter of said Section 33;
thence East |
along said North line of the South 575.0 feet of the South |
West
Quarter of said Section 33,
a distance of 45.0 feet to |
a point; thence Northeasterly in a straight line a
distance |
of 179.27 feet to a point, distance 50.0 feet East, |
measured at right
angles from the West line of the South |
West Quarter of said Section 33; thence
Northeasterly in a |
straight line a distance of 187.38 feet to a point, distant
|
62.0 feet East, measured at right angles from said West |
line of the South West
Quarter of said Section 33; thence |
North parallel with the said West line of
the South West |
Quarter of said Section 33 a distance of 44.74 feet to a |
point
of curvature; thence Northeasterly along a curved |
line, concave to the
Southeast, having a radius of 50.0 |
feet and a central angle of 107 degrees 28
minutes, a |
distance of 93.73 feet to a point of tangency, distant 50.0 |
feet
Southwest measured at right angles from the center |
line of Higgins Road; thence
Southeasterly parallel with |
the center line of Higgins Road, a distance of
345.09 feet |
to a point on a line distant, 16.0 feet west of the east |
line of
the west 467.34 feet of the South West Quarter of |
said Section 33; thence North
in a straight line a distance |
of 58.71 feet to a point on said center line of
Higgins |
Road; thence Northwesterly along said center line of |
Higgins Road a
distance of 478.23 feet to the place of |
beginning) in Cook County, Illinois.
|
|
AREA 2:
|
That part of the South West 1/4 of Section 33, Township |
41 North, Range 12,
East of the Third Principal Meridian, |
lying West of the West Right of Way Line
of the |
Minneapolis, St. Paul and Sault Ste. Marie Railroad |
(formerly the
Chicago
and Wisconsin Railroad) and South of |
the center line of Higgins Road (except
therefrom the South |
200 feet of the West 467.84 feet of said South West 1/4 and
|
also excepting therefrom that part of said South West 1/4 |
lying
North of the North line of the South 575 feet of said |
South West
1/4 and West of a line 16 feet West of and |
parallel with the West line of the
Tract of land described |
in a Deed dated May 22, 1929, and recorded July 9,
1929, as |
Document Number 10422646 (the Tract described in said Deed |
being the
East 10 acres of that part of the South West 1/4 |
of Section 33, Township 41
North, Range 12, East of
the |
Third Principal Meridian, lying South of the Center line of |
Higgins Road
and West of the West line extended North to |
the center of said Higgins Road of
the East 20.62 chains of |
the North West 1/4 of Section 4, Township 40 North,
Range |
12, East of the Third Principal Meridian (excepting |
therefrom the right
of way of the Minneapolis, St. Paul and |
Sault Ste. Marie Railroad, formerly the
Chicago and |
Wisconsin Railroad) and also excepting the South 50 feet of |
the
said South West 1/4 lying East of the West 467.84 feet |
thereof) and also
excepting that portion of the land |
condemned for the widening of Higgins Road
and Mannheim |
Road in Case Number 65 L7109, in Cook County, Illinois.
|
AREA 3:
|
The North 150 feet of the South 200 feet of that part |
of the South West 1/4
of
Section 33, Township 41 North, |
Range 12 East of the Third Principal Meridian
(except the |
East 10 acres conveyed by George Deamantopulas and others, |
to
Krowka by Document 10422646) lying South of the Center |
of Higgins Road (so
called) and West of the West line |
extended North to center of Higgins Road of
East 20.62 |
|
chains in the North West 1/4 of Section 4, Township 40 |
North, Range
12 East of the Third Principal Meridian |
(except the Right of Way of Chicago and
Wisconsin Railroad) |
in Cook County, Illinois.
|
AREA 4:
|
That part of the Southwest quarter of Section 33, |
Township 41 North, Range
12
East of the Third Principal |
Meridian, in Cook County, Illinois, described as
follows:
|
Beginning at the intersection of the South line of the |
Southwest quarter of
Section 33 aforesaid with the West |
line, extended South, of Lot 7 in Frederick
H. Bartlett's |
Higgins Road Farms, being a subdivision recorded December |
8, 1938
as Document 12246559; thence North along the |
aforementioned West line of Lot 7,
to the center line of |
Higgins Road; thence Westerly along the center line of
|
Higgins Road, to the Westerly right-of-way line of the |
Minneapolis, St. Paul
and
Sault Ste. Marie Railroad; thence |
Southerly along said Westerly right-of-way
line, to the |
South line of the Southwest quarter of Section 33 |
aforesaid;
thence East along said South line to the point |
of beginning.
|
Area 5
|
The North 195.00 feet of the west 365.67 feet of the |
West 1/2 of the
Northeast
1/4 of Section 4, Township 40 |
North, Range 12 East of the Third Principal
Meridian.
|
And also
|
The north 50.00 feet of the East 1/2 of the Northwest |
1/4 of said Section
4 (except that part lying westerly of |
the easterly right-of-way line of the
Wisconsin Central |
Railroad, formerly known as the Minneapolis, St. Paul and
|
Sault Ste. Marie Railroad), the east 40.00 feet of the |
north 195.00 feet except
the north 50.00 feet thereof of |
said East 1/2, and all that part of said East
1/2 described |
as follows: Beginning at the northwest corner of Origer and
|
Davis' Addition to Rosemont, being a subdivision of part of |
said 1/4 Section
according to the plat thereof recorded May |
|
27, 1963 as Document Number
18807143, in Cook County, |
Illinois; thence westerly along the northerly line of
said |
Subdivision extended westerly to said easterly Railroad |
right-of-way line;
thence northwesterly along said |
right-of-way line to the southerly line of
north 50.00 feet |
of said 1/4 Section; thence easterly along said southerly |
line
to the easterly right-of-way line of Kirschoff Avenue;
|
thence southerly along said right-of-way line to its |
intersection with
the southerly line of Schullo's |
Resubdivision extended easterly, said
Resubdivision being |
a Resubdivision of part of said 1/4 section according to
|
the plat thereof recorded June 17, 1960 as Document Number |
17885160 in Cook
County, Illinois; thence westerly along |
said southerly line extended and said
southerly line to the |
southwest corner of said Resubdivision; thence
|
northwesterly along the westerly line of said |
Resubdivision to the northwest
corner thereof; thence |
westerly along the northerly line of said Resubdivision
|
extended westerly to a line parallel with and 40.00 feet |
easterly of the
easterly right-of-way line of said |
Railroad; thence northwesterly along said
parallel line to |
said point of beginning.
|
And also
|
That part of the Southwest 1/4 of Section 33, Township |
41 North, Range 12
East
of the Third Principal Meridian |
lying southerly of the centerline of Higgins
Road and |
easterly of a north line parallel to the south line of said |
1/4
Section, beginning 565.84 feet west of the northeast |
corner of the Northwest
1/4
of Section 4, Township 40 |
North, Range 12 East of the Third Principal Meridian
all in |
Cook County, Illinois.
|
That part of the Southwest quarter of Section 3, the |
Southeast quarter of
Section 4, the Northeast quarter of |
Section 9, and the Northwest quarter of
Section 10, |
Township 40 North, Range 12 East of the Third Principal |
Meridian,
in the Village of Rosemont, Cook County, |
|
Illinois, described as follows:
|
Beginning in the West half of the Northeast quarter of |
Section 9 aforesaid,
at the intersection of the South line |
of 61st Street with the Easterly right of
way line of the |
Minneapolis, St. Paul and Sault Ste. Marie Railroad
|
right-of-way;
thence East along the South line of 61st |
Street and its Easterly extension, to
the East line of |
Pearl Street; thence North along the East line of Pearl |
Street
to the South line of 62nd Street; thence East along |
the South line of 62nd
Street to the Westerly right-of-way |
line of the Illinois State Toll Road;
thence Southerly |
along the Westerly right-of-way line of the Toll Road to a
|
point on a Westerly extension of the South line of Allen |
Avenue; thence East
along said Westerly extension, and |
along the South line of Allen Avenue to the
West line of |
Otto Avenue; thence South along the West line of Otto |
Avenue to a
point on a Westerly extension of the North line |
of the South 30 feet of Lot 12
in
First Addition to B.L. |
Carlsen's Industrial Subdivision, being a Resubdivision
in |
the Northeast quarter of Section 9 aforesaid, according to |
the plat thereof
recorded March 5, 1962 as Document |
18416079; thence East along said Westerly
extension, and |
along the aforementioned North line of the South 30 feet of |
Lot
12, to the East line of Lot 12; thence North along the |
East line of Lot 12,
being also the East line of the |
Northeast quarter of Section 9, to the North
line of |
Owner's Division of parts of Lots 4 and 5 of Henry |
Hachmeister's
Division, in the Northwest quarter of |
Section 10, aforesaid, according to the
plat thereof |
recorded April 25, 1949 as Document 14539019; thence East |
along
the North line of said Owner's Division to the West |
line of Lot 3 in said
Owner's Division; thence South along |
the West line of Lot 3 to the Southwest
corner thereof; |
thence East along the South line of Lot 3 to the Northwest
|
corner of Lot 4 in said Owner's Division; thence South |
along the West line of
Lot 4 to the Southwest corner |
|
thereof; thence East along the South line of Lot
4, and |
said South line extended Easterly, to the Easterly right of |
way line of
River Road; thence Northerly along the Easterly |
line of River Road to the South
line of Crossroads |
Industrial Park, being a Subdivision in the Northwest
|
quarter of Section 10 aforesaid, according to the plat |
thereof recorded August
8, 1957 as Document 16980725; |
thence East along the South line of said
Crossroads |
Industrial Park to the Southeast corner thereof; thence
|
Northeasterly along the Easterly line of said Crossroads |
Industrial Park, and
said Easterly line extended, to the |
North line of Bryn Mawr Avenue, in the
Southwest quarter of |
Section 3 aforesaid; thence Northerly along the
Westerly |
line of the Forest Preserve District of Cook County, to the |
Southerly
right-of-way line of the Kennedy Expressway, |
thence west along and following
the southerly right-of-way |
line of the Kennedy Expressway to the Easterly
right-of-way |
line of the Minneapolis, St. Paul, and Sault Ste. Marie |
Railroad
right-of-way; thence Southeasterly along said |
Easterly right-of-way line to the
point of beginning;
|
AND ALSO, THAT PART OF THE NORTHEAST QUARTER OF SECTION |
9 AND THE
NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 40 |
NORTH, RANGE 12 EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN |
THE VILLAGE OF ROSEMONT, COOK COUNTY, ILLINOIS,
DESCRIBED |
AS FOLLOWS:
|
BEGINNING IN THE WEST HALF OF THE NORTHEAST QUARTER OF |
SECTION 9 AFORESAID,
AT THE INTERSECTION OF THE SOUTH LINE |
OF 61ST STREET WITH THE EASTERLY
RIGHT-OF-WAY LINE OF THE |
MINNEAPOLIS, ST. PAUL AND ST. STE. MARIE RAILROAD
|
RIGHT-OF-WAY; THENCE EAST ALONG THE SOUTH LINE OF 61ST |
STREET AND ITS EASTERLY
EXTENSION, TO THE EAST LINE OF |
PEARL STREET; THENCE NORTH ALONG THE EAST LINE
OF PEARL |
STREET TO THE SOUTH LINE OF 62ND STREET; THENCE EAST ALONG |
THE SOUTH
LINE OF 62ND STREET TO THE WESTERLY RIGHT-OF-WAY |
LINE OF THE ILLINOIS STATE
TOLL ROAD; THENCE SOUTHERLY, |
ALONG THE WESTERLY RIGHT-OF-WAY LINE OF THE TOLL
ROAD TO A |
|
POINT ON A WESTERLY EXTENSION OF THE SOUTH LINE OF ALLEN |
AVENUE;
THENCE EAST ALONG SAID WESTERLY EXTENSION, AND |
ALONG THE SOUTH LINE OF ALLEN
AVENUE TO THE WEST LINE OF |
OTTO AVENUE; THENCE SOUTH ALONG THE WEST LINE OF
OTTO |
AVENUE TO A POINT ON A WESTERLY EXTENSION OF THE NORTH LINE |
OF THE SOUTH
30 FEET OF LOT 12 IN FIRST ADDITION TO B.L. |
CARLSEN'S INDUSTRIAL SUBDIVISION,
BEING A RESUBDIVISION IN |
THE NORTHEAST QUARTER OF SECTION 9 AFORESAID,
ACCORDING TO |
THE PLAT THEREOF RECORDED MARCH 5, 1962 AS DOCUMENT |
18416079;
THENCE EAST ALONG SAID WESTERLY EXTENSION, AND |
ALONG THE AFOREMENTIONED NORTH
LINE OF THE SOUTH 30 FEET OF |
LOT 12, TO THE EAST LINE OF LOT 12; THENCE NORTH
ALONG THE |
EAST LINE OF LOT 12, BEING ALSO THE EAST LINE OF THE |
NORTHEAST
QUARTER OF SECTION 9, TO THE NORTH LINE OF |
OWNER'S DIVISION OF PARTS OF LOTS 4
AND 5 OF HENRY |
HACHMEISTER'S DIVISION, IN THE NORTHWEST QUARTER OF |
SECTION 10,
AFORESAID, ACCORDING TO THE PLAT THEREOF |
RECORDED APRIL 25, 1949 AS DOCUMENT
14539019; THENCE EAST |
ALONG THE NORTH LINE OF SAID OWNER'S DIVISION TO THE WEST
|
LINE OF LOT 3 IN SAID OWNER'S DIVISION; THENCE SOUTH ALONG |
THE WEST LINE OF LOT
3 TO THE SOUTHWEST CORNER THEREOF; |
THENCE EAST ALONG THE SOUTH LINE OF LOT 3 TO
THE NORTHWEST |
CORNER OF LOT 4 IN SAID OWNER'S SUBDIVISION; THENCE SOUTH |
ALONG
THE WEST LINE OF LOT 4 TO THE SOUTHWEST CORNER |
THEREOF; THENCE EAST ALONG THE
SOUTH LINE OF LOT 4, AND |
SAID SOUTH LINE EXTENDED EASTERLY, TO THE EASTERLY
|
RIGHT-OF-WAY LINE OF RIVER ROAD; THENCE SOUTHEASTERLY |
ALONG THE EASTERLY
RIGHT-OF-WAY LINE OF SAID RIVER ROAD TO |
A POINT BEING 198.00 FEET NORTH OF
AND PARALLEL TO THE |
SOUTH LINE OF LOT 5 EXTENDED EASTERLY, IN HENRY
|
HACHMEISTER'S DIVISION PER DOCUMENT NUMBER 4183101; THENCE |
WESTERLY, ALONG A
LINE WHICH IS 198.00 FEET NORTH OF AND |
PARALLEL TO THE SOUTH LINE OF SAID LOT 5
IN HENRY |
HACHMEISTER'S DIVISION, TO THE NORTHWEST CORNER OF LOT 6 IN |
B.L.
CARLSEN'S INDUSTRIAL SUBDIVISION PER DOCUMENT NUMBER |
1925132; THENCE NORTHERLY
TO A POINT BEING THE NORTHEAST |
|
CORNER OF A PARCEL BEING DESCRIBED PER DOCUMENT
T1862127, |
SAID POINT BEING 293.73 FEET NORTH OF AND PARALLEL TO THE |
SOUTH LINE
OF SAID LOT 5 IN HENRY HACHMEISTER'S DIVISION; |
THENCE WESTERLY ALONG A LINE,
293.73 FEET NORTH OF AND |
PARALLEL TO THE SOUTH LINE OF SAID LOT 5, 91.50 FEET
TO THE |
NORTHWEST CORNER OF SAID PARCEL PER DOCUMENT T1862127; |
THENCE
SOUTHERLY ALONG A LINE BEING THE EAST LINE OF THE
|
WEST 200.00 FEET OF SAID LOT 5, 71.88 FEET TO THE SOUTHEAST |
CORNER
OF A PARCEL BEING DESCRIBED PER DOCUMENT T2257298; |
THENCE WESTERLY ALONG THE
SOUTH LINE AND THE SOUTH LINE |
EXTENDED WESTERLY OF SAID PARCEL, 233 FEET TO THE
POINT OF |
INTERSECTION WITH THE WEST LINE OF MICHIGAN AVENUE |
RIGHT-OF-WAY;
THENCE NORTHERLY ALONG SAID WEST |
RIGHT-OF-WAY LINE OF MICHIGAN AVENUE TO THE
NORTHEAST |
CORNER OF LOT 1, BLOCK 12 IN J. TAYLOR'S ADD. TO FAIRVIEW |
HEIGHTS PER
DOCUMENT NUMBER 1876526, SAID POINT ALSO BEING |
ON THE SOUTH RIGHT-OF-WAY LINE
OF 60TH STREET; THENCE |
WESTERLY ALONG SAID SOUTH RIGHT-OF-WAY LINE OF 60TH
STREET |
TO A POINT OF INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY |
LINE OF THE
AFORESAID MINNEAPOLIS, ST. PAUL AND ST. STE. |
MARIE RAILROAD RIGHT-OF-WAY;
THENCE NORTHWESTERLY ALONG |
SAID EASTERLY RIGHT-OF-WAY LINE TO THE POINT OF
BEGINNING.
|
(Source: P.A. 91-357, eff. 7-29-99; 91-367, eff. 7-30-99; |
92-16, eff.
6-28-01.)
|
(was 735 ILCS 5/7-103.69)
|
Sec. 25-7-103.69
7-103.69 . Quick-take;
City of Evanston.
|
Quick-take proceedings under Article 20
Section 7-103 may be |
used
for a period of one year after July 30, 1998,
by the City |
of Evanston for the acquisition for
redevelopment purposes of |
the real property legally
described as:
|
Lots 5 and 6 in Dempster's Subdivision of Block 66 in |
the Village (now
City) of Evanston in the South West 1/4 of |
Section 18, Township 41 North, Range
14 East of the Third |
Principal Meridian, in Cook County, Illinois and commonly
|
known as 906-08 Church Street, Evanston, Illinois; and
|
|
Lots 7, 8, 9, 10, 11, and
12 in Dempster's Subdivision |
of Block 66 in Village (now City) of Evanston, in
the South |
West 1/4 of Section 18, Township 41 North, Range 14 East of |
the Third
Principal Meridian, in Cook County, Illinois and |
commonly known as 910-926
Church Street, Evanston, |
Illinois.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(was 735 ILCS 5/7-103.70) |
Sec. 25-7-103.70
7-103.70 . Quick-take;
Southwestern |
Illinois Development Authority.
Quick-take proceedings under |
Article 20
Section 7-103 may be used
for a period from August |
30, 2003 to August 30, 2005
by the
Southwestern
Illinois |
Development Authority pursuant to the Southwestern Illinois
|
Development Authority Act for a project as defined in Section 3 |
of that Act.
|
(Source: P.A. 93-602, eff. 11-18-03.)
|
(was 735 ILCS 5/7-103.71)
|
Sec. 25-7-103.71
7-103.71 . Quick-take; Village of Franklin |
Park. Quick-take proceedings under Article 20
Section 7-103 may |
be used
for a period of 3 years after December 1, 1998, by the |
Village of Franklin
Park, for the redevelopment of blighted |
areas, for the acquisition of property
within the area legally |
described as:
|
BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT NO. 2 |
(SAID CORNER BEING
50.0 FEET WEST OF THE CENTERLINE OF |
MANNHEIM ROAD); THENCE SOUTH ALONG THE EAST
LINE OF SAID |
TRACT NO. 2, A DISTANCE OF 305.46 FEET; THENCE WEST, |
PARALLEL WITH
THE NORTH LINE OF SAID TRACT NO. 2, A |
DISTANCE OF 175.0 FEET; THENCE SOUTH,
PARALLEL WITH THE |
EAST LINE OF SAID TRACT NO. 2, A DISTANCE OF 164.46 FEET TO
|
THE SOUTHERLY LINE OF SAID TRACT NO. 2 (SAID LINE BEING |
50.0 FEET NORTHERLY OF
THE CENTERLINE OF GRAND AVENUE); |
THENCE WESTERLY ALONG SAID LINE, 672.75 FEET;
THENCE NORTH |
ALONG A LINE THAT IS 227.30 FEET EAST OF (AS MEASURED AT |
|
RIGHT
ANGLES) AND PARALLEL WITH THE EAST LINE OF MIKE |
LATORIA SR. INDUSTRIAL
SUBDIVISION, 429.87 FEET TO THE |
NORTH LINE OF SAID TRACT NO. 2; THENCE EAST
ALONG SAID |
NORTH LINE, 845.71 FEET TO THE POINT OF BEGINNING, IN |
OWNER'S
DIVISION OF THAT PART OF THE
EAST HALF OF THE |
NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 40 NORTH, RANGE |
12
EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE |
PLAT THEREOF RECORDED
AUGUST 16, 1929 AS DOCUMENT 10456788 |
AND FILED IN THE REGISTRAR'S OFFICE ON
AUGUST 23, 1929 AS |
DOCUMENT LR474993, IN COOK COUNTY, ILLINOIS.
|
(Source: P.A. 91-367, eff. 7-30-99; P.A. 92-16, eff. 6-28-01.)
|
(was 735 ILCS 5/7-103.72)
|
Sec. 25-7-103.72
7-103.72 . Quick-take; Village of Franklin |
Park. Quick-take proceedings under Article 20
Section 7-103 may |
be used
for a period of 3 years after December 1, 1998, by the |
Village of Franklin
Park, for the redevelopment of blighted |
areas, for the acquisition of the
property legally described |
as:
|
Lots 19, 20, 21, 22, 23, 24, 25, 26 and 27 of the |
Salerno-Kaufman
Subdivision of part of Tract No. 1 in |
Owner's Division of part of the East 1/2,
Northeast 1/4, |
Section 29, Township 40, Range 12, East of the Third |
Principal
Meridian, in Cook County, Illinois; and
|
That part of the South 117.64 feet of tract number 1 |
lying East of a line
235 feet West of and parallel with |
West line of Mannheim Road in Owner's
Division of part of |
the East half of the Northeast quarter
of Section 29, |
Township 40 North, Range 12, East of the Third Principal
|
Meridian, according to the Plat thereof recorded August 16, |
1929 as Document
number 10456788, in Cook County, Illinois.
|
(Source: P.A. 91-367, eff. 7-30-99; 92-16, eff. 6-28-01.)
|
(was 735 ILCS 5/7-103.73)
|
Sec. 25-7-103.73
7-103.73 . Quick-take; City of |
Taylorville. Quick-take proceedings under Article 20
Section |
|
7-103 may be used
for a period of 2 years following July 30, |
1999, by the City of Taylorville
for the acquisition of land |
used for the construction of the second silt dam
on Lake |
Taylorville; the project area is limited to the townships of |
Greenwood,
Johnson, and Locust in southern Christian County.
|
(Source: P.A. 91-367, eff. 7-30-99; 92-16, eff. 6-28-01.)
|
(was 735 ILCS 5/7-103.74)
|
Sec. 25-7-103.74
7-103.74 . Quick-take; City of Effingham. |
Quick-take proceedings under Article 20
Section 7-103 may be |
used
for a period of 6 months following July 30, 1999 by the |
City of Effingham for
the acquisition of all the right of way |
needed for the subject project starting
at Wernsing Avenue and |
running northerly to Fayette Avenue, including the right
of way |
for a structure over the CSX rail line and U.S. Route 40.
|
(Source: P.A. 91-367, eff. 7-30-99; 92-16, eff. 6-28-01.)
|
(was 735 ILCS 5/7-103.75)
|
Sec. 25-7-103.75
7-103.75 . Quick-take; City of Effingham. |
Quick-take proceedings under Article 20
Section 7-103 may be |
used
for a period of one year following July 30, 1999 by the |
City of Effingham for
the acquisition of property for the |
construction of South Raney Street Project
Phase II, including |
a grade separation over Conrail and U. S. Route 40 in the
City |
of Effingham, from the intersection of South Raney Street and |
West
Wernsing Avenue northerly to the intersection of South |
Raney Street and West
Fayette Avenue.
|
(Source: P.A. 91-367, eff. 7-30-99; 92-16, eff. 6-28-01.)
|
(was 735 ILCS 5/7-103.76)
|
Sec. 25-7-103.76
7-103.76 . Quick-take; Village of |
Lincolnshire. Quick-take proceedings under Article 20
Section |
7-103 may be used
for a period of 2 years following July 30, |
1999,
by the Village of Lincolnshire, for the purpose of |
redevelopment within
the downtown area, for the acquisition of |
property within that area legally
described as follows:
|
|
THAT PART OF SECTIONS 15 AND 22, TOWNSHIP 43 NORTH, |
RANGE 11 EAST
OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS |
FOLLOWS: BEGINNING
AT THE INTERSECTION OF THE EAST LINE OF |
THE PROPERTY DESCRIBED IN
DOCUMENT NUMBER 2297085 AND THE |
NORTHERLY LINE OF HALF DAY ROAD;
THENCE NORTHEASTERLY ALONG |
SAID NORTHERLY LINE OF SAID HALF DAY
ROAD TO THE |
INTERSECTION WITH THE WEST LINE OF STATE ROUTE NO. 21
(ALSO |
KNOWN AS MILWAUKEE AVENUE); THENCE NORTHERLY ALONG SAID
|
WEST LINE OF STATE ROUTE NO. 21 TO THE NORTH LINE OF THE |
SOUTH
452.20 FEET OF THE NORTHEAST QUARTER OF THE AFORESAID |
SECTION 15;
THENCE EAST ALONG THE SAID NORTH LINE OF THE |
SOUTH 452.20 FEET TO
THE EAST LINE OF THE NORTHEAST QUARTER |
OF SAID SECTION 15; THENCE
SOUTH ALONG THE SAID EAST LINE |
TO THE SOUTHEAST CORNER OF THE
NORTHEAST QUARTER THEREOF; |
THENCE WEST ALONG THE SOUTH LINE OF
THE SAID NORTHEAST |
QUARTER TO AN EAST LINE OF VERNON CEMETERY AS
DESCRIBED IN |
DOCUMENT NUMBER 263584; THENCE NORTH 37.20 FEET
ALONG |
AFORESAID EAST LINE OF CEMETERY TO THE NORTH EAST CORNER
|
THEREOF; THENCE WEST 297.00 FEET ALONG THE NORTH LINE OF |
THE
AFORESAID CEMETERY, SAID LINE IS THE MOST NORTHERLY |
LINE OF
CEMETERY ROAD AS OCCUPIED AND EXTENDED TO A WEST |
LINE OF
AFORESAID VERNON CEMETERY EXTENDED NORTH; THENCE |
SOUTH ALONG THE
EXTENSION AND WEST LINE OF THE AFORESAID |
CEMETERY TO THE
SOUTHWEST CORNER THEREOF, SAID SOUTHWEST |
CORNER IS 296.61 FEET
SOUTH OF THE SOUTH LINE OF CEMETERY |
ROAD AS OCCUPIED; THENCE EAST
ALONG THE SOUTH LINE OF |
VERNON CEMETERY TO THE SOUTH EAST CORNER
THEREOF, SAID |
SOUTHEAST CORNER ALSO BEING A POINT ON THE WEST
LINE OF |
PROPERTY DESCRIBED BY DOCUMENT NUMBER 2012084; THENCE
|
SOUTH ALONG AFORESAID WEST LINE TO THE NORTH LINE OF HALF |
DAY
ROAD; THENCE EAST ALONG LAST SAID NORTH LINE TO A POINT |
IN THE
WEST LINE (EXTENDED) OF INDIAN CREEK SUBDIVISION |
(RECORDED AS
DOCUMENT NUMBER 2084U19); THENCE SOUTH ALONG |
THE WEST LINE AND AN
EXTENSION THEREOF OF INDIAN CREEK |
CONDOMINIUM SUBDIVISION TO THE
SOUTHWEST CORNER THEREOF; |
THENCE SOUTHEASTERLY ALONG A SOUTH LINE
OF INDIAN CREEK |
|
CONDOMINIUM SUBDIVISION 130.47 FEET TO THE MOST
SOUTHERLY |
CORNER IN THE AFORESAID SUBDIVISION SAID POINT BEING IN
THE |
NORTH LINE OF RELOCATED ILLINOIS STATE ROUTE 22; THENCE
|
NORTHEASTERLY ALONG A SOUTH LINE OF INDIAN CREEK |
CONDOMINIUM
SUBDIVISION 209.56 FEET, SAID LINE BEING ALSO |
THE NORTH LINE OF
RELOCATED ILLINOIS STATE ROUTE 22, TO THE |
SOUTHEAST CORNER OF
INDIAN CREEK CONDOMINIUM SUBDIVISION; |
THENCE NORTH ALONG THE EAST
LINE OF INDIAN CREEK |
SUBDIVISION AND AN EXTENSION THEREOF TO THE
NORTH LINE OF |
HALF DAY ROAD; THENCE EAST ALONG THE NORTH LINE OF
HALF DAY |
ROAD TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID
|
SECTION 15 TO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER |
OF
SECTION 15 AFORESAID; THENCE SOUTHERLY ALONG AN EASTERLY |
LINE OF
THE HAMILTON PARTNERS PROPERTY DESCRIBED AS |
FOLLOWS, BEGINNING AT
THE NORTHEAST CORNER OF THE NORTHEAST |
QUARTER OF SAID SECTION 22
(THE EAST LINE OF THE NORTHEAST |
QUARTER OF SAID SECTION 22 HAVING
AN ASSUMED BEARING OF |
SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST
FOR THIS LEGAL |
DESCRIPTION); THENCE SOUTH 13 DEGREES 57 MINUTES
09 SECONDS |
WEST, 519.43 FEET TO A POINT DESCRIBED AS BEARING
NORTH 51 |
DEGREES 41 MINUTES 30 SECONDS WEST, 159.61 FEET FROM A
|
POINT OF THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION |
22
AFORESAID, 603.05 FEET, AS MEASURED ALONG SAID EAST |
LINE, SOUTH
OF THE NORTHEAST CORNER OF SAID NORTHEAST |
QUARTER; THENCE SOUTH
05 DEGREES 08 MINUTES 04 SECONDS |
EAST, 232.01 FEET TO THE MOST
NORTHERLY NORTHEAST CORNER OF |
MARIOTT DRIVE, ACCORDING TO THE
PLAT OF DEDICATION RECORDED |
AS DOCUMENT NUMBER 1978811; THENCE
SOUTH 42 DEGREES 08 |
MINUTES 46 SECONDS WEST (RECORD SOUTH 42
DEGREES 09 MINUTES |
23 SECONDS WEST) ALONG THE NORTHWESTERLY LINE
OF SAID |
MARIOTT DRIVE, 40.70 FEET (RECORD 40.73 FEET) TO AN ANGLE
|
POINT IN THE NORTH LINE OF SAID MARIOTT DRIVE; THENCE SOUTH
|
PERPENDICULAR TO AFOREMENTIONED MARIOTT DRIVE TO A POINT ON |
THE
SOUTH LINE THEREOF; THENCE WEST ALONG THE SOUTH LINE OF |
MARIOTT
DRIVE TO A POINT PERPENDICULAR TO A POINT IN THE |
NORTH LINE OF
MARIOTT DRIVE THAT IS ON A LINE, THE |
|
EXTENSION OF WHICH IS THE
EASTERLY LINE OF LOTS 1 AND 2 IN |
INDIAN CREEK RESUBDIVISION;
THENCE NORTH PERPENDICULAR TO |
MARIOTT DRIVE TO THE
AFOREMENTIONED POINT ON THE NORTH |
LINE; THENCE NORTHWESTERLY ON
THE EASTERLY LINE & EXTENSION |
THEREOF OF AFOREMENTIONED LOTS 1
AND 2 TO THE NORTHEAST |
CORNER OF LOT 2; THENCE WEST ALONG THE
NORTH LINE OF LOT 2 |
TO THE NORTHWEST CORNER THEREOF; THENCE
SOUTHWESTERLY |
PERPENDICULAR TO ILLINOIS ROUTE 21 (MILWAUKEE
AVENUE |
DEDICATED BY DOCUMENT NUMBER 2129168) TO THE WEST LINE
|
THEREOF; THENCE NORTH ALONG THE WEST LINE OF AFOREMENTIONED
|
ILLINOIS ROUTE 21 TO THE NORTHEAST CORNER OF LOT 1 IN |
MCDONALD'S
- KING'S SUBDIVISION; THENCE WEST ALONG THE |
NORTH LINE OF THE
LAST MENTIONED LOT 1, 218.50 FEET TO A |
JOG IN THE NORTH LINE
THEREOF; THENCE NORTHERLY ALONG A |
WESTERLY LINE OF SAID LOT 1,
20.22 FEET TO A JOG IN THE |
NORTH LINE; THENCE WEST ALONG THE
NORTH LINE OF LOT 1 |
AFORESAID 150.42 FEET TO THE NORTHWEST
CORNER OF THEREOF; |
THENCE SOUTH 205.94 FEET ALONG THE WEST LINE
OF |
AFOREMENTIONED LOT 1 TO A JOG IN THE WEST LINE THEREOF; |
THENCE
EAST ALONG A SOUTH LINE OF LOT 1 TO A JOG IN THE WEST |
LINE
THEREOF 3.45 FEET; THENCE SOUTH 91.22 FEET ALONG THE |
WEST LINE
LOT 1 TO THE SOUTHWEST CORNER LOT 1 |
AFOREMENTIONED; THENCE
SOUTHERLY RADIAL TO RELOCATED |
ILLINOIS STATE ROUTE 22 TO THE
SOUTH LINE THEREOF; THENCE |
WEST ALONG THE SOUTH LINE OF RELOCATED
ILLINOIS STATE ROUTE |
22 TO A POINT PERPENDICULAR TO A POINT AT
THE SOUTHWEST |
CORNER OF THE OLD HALF DAY SCHOOL PARCEL; THENCE
|
NORTHWESTERLY 51.41 FEET ALONG A WEST LINE OF AFORESAID |
SCHOOL
PARCEL TO A CORNER THEREOF; THENCE NORTHEASTERLY |
169.30 FEET
ALONG A NORTHERLY LINE OF AFORESAID SCHOOL |
PARCEL TO A CORNER
THEREOF; THENCE NORTHWESTERLY 242.80 |
FEET ALONG A WEST LINE TO
THE CENTER LINE OF HALF DAY ROAD; |
THENCE NORTHWESTERLY NORMAL TO
THE AFORESAID ROAD TO THE |
NORTHERLY RIGHT OF WAY LINE THEREOF;
THENCE EAST ALONG THE |
NORTH LINE OF HALF DAY ROAD TO A POINT SAID
POINT IS A BEND |
IN THE WEST LINE OF PROPERTY DESCRIBED BY
DOCUMENT NUMBER |
|
2600952; THENCE NORTHWESTERLY 7.82 CHAINS ALONG
THE WEST |
LINE AFOREMENTIONED TO THE NORTHWEST CORNER THEREOF;
|
THENCE SOUTHEASTERLY 2.39 CHAINS TO THE NORTHEAST CORNER OF |
THE
SAID PROPERTY; THENCE SOUTHEASTERLY ALONG THE EASTERLY |
LINE
OF AFORESAID PROPERTY TO THE NORTHWEST CORNER OF |
PROPERTY
DESCRIBED IN DOCUMENT NUMBER 2297085; THENCE EAST |
2.27 CHAINS
ALONG THE NORTH LINE OF AFOREMENTIONED PROPERTY |
TO THE NORTHEAST
CORNER THEREOF; THENCE SOUTH ALONG THE |
EAST LINE OF THE
AFOREMENTIONED PROPERTY TO THE PLACE OF |
BEGINNING, (EXCEPT
THEREFROM THE TRACT OF LAND AS DESCRIBED |
BY DOCUMENT NUMBER
1141157 AND MILWAUKEE AVE. ADJACENT |
THERETO) ALL IN LAKE COUNTY,
ILLINOIS.
|
(Source: P.A. 91-367, eff. 7-30-99; 92-16, eff. 6-28-01.)
|
(was 735 ILCS 5/7-103.77)
|
Sec. 25-7-103.77
7-103.77 . Quick-take; City of Marion. |
Quick-take proceedings under Article 20
Section 7-103 may be |
used
for a period of 18 months after July 30, 1999,
by the City |
of Marion for the acquisition of property
and temporary |
construction easements bounded by the following
lines for |
improvement of the Pentecost Road project:
|
A variable width strip of land lying parallel with and |
contiguous to the
existing east and west Right-of-Way lines |
of Pentecost Road in the following
quarter-quarter |
section:
|
the NW1/4 NW1/4, Section 16; NE1/4 NE1/4, Section 17; NW1/4 |
SW1/4, Section
16; SW1/4 SW1/4, Section 16; NE1/4 SE1/4, |
Section 17; and the SE1/4 SE1/4,
Section 17, all located in |
Township 9 South, Range 2 East of the Third
Principal |
Meridian; Williamson County, Illinois.
|
(Source: P.A. 91-367, eff. 7-30-99; 92-16, eff. 6-28-01.)
|
(was 735 ILCS 5/7-103.78)
|
Sec. 25-7-103.78
7-103.78 . Quick-take; City of Geneva. |
Quick-take proceedings under Article 20
Section 7-103 may be |
used
for a period of 6 months following July 30, 1999,
by the |
|
City of Geneva, for the Prairie and Wetland Restoration
|
Project, for the acquisition of property described as follows:
|
PARCEL ONE: THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF |
SECTION 6,
TOWNSHIP 39 NORTH, RANGE 8 EAST OF THE THIRD |
PRINCIPAL
MERIDIAN, IN THE TOWNSHIP OF GENEVA, KANE COUNTY, |
ILLINOIS.
|
PARCEL TWO: THE SOUTH HALF OF THE NORTHWEST FRACTIONAL
|
QUARTER OF SECTION 6, TOWNSHIP 39 NORTH, RANGE 8 EAST OF |
THE
THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF GENEVA, |
KANE
COUNTY, ILLINOIS.
|
PARCEL THREE: THAT PART OF THE SOUTH 1/2 OF THE |
NORTHEAST 1/4
OF SECTION 1, TOWNSHIP 39 NORTH, RANGE 7 EAST |
OF THE THIRD
PRINCIPAL MERIDIAN LYING EAST OF THE FOLLOWING |
TRACT: (A
STRIP OF LAND 60 FEET IN WIDTH EXTENDING OVER AND |
ACROSS THE
SOUTH EAST 1/4 OF THE NORTHEAST 1/4 OF SECTION |
1, TOWNSHIP 39
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL |
MERIDIAN, SAID
STRIP OF LAND BEING THAT CERTAIN STRIP OF |
LAND AS CONVEYED BY
CHARLES W. PEMBLETON AND WIFE TO THE |
CHICAGO AND NORTH
WESTERN RAILWAY COMPANY (NOW THE CHICAGO |
AND NORTH WESTERN
TRANSPORTATION COMPANY) BY WARRANTY DEED |
DATED JUNE 29, 1903
AND RECORDED AS DOCUMENT 64790 IN BOOK |
430 ON PAGE 337 IN THE
OFFICE OF THE REGISTRAR OF DEEDS FOR |
KANE COUNTY, ILLINOIS) IN
THE TOWNSHIP OF BLACKBERRY, KANE |
COUNTY, ILLINOIS.
|
(Source: P.A. 91-367, eff. 7-30-99; 92-16, eff. 6-28-01.)
|
(was 735 ILCS 5/7-103.79)
|
Sec. 25-7-103.79
7-103.79 . Quick-take; City of Arcola. |
Quick-take proceedings under Article 20
Section 7-103 may be |
used
for a period of 2 years after
July 30, 1999,
by the City of |
Arcola for the purpose of acquiring property
in connection with |
a project to widen Illinois Route 133 east of
Interstate 57.
|
(Source: P.A. 91-367, eff. 7-30-99; 92-16, eff. 6-28-01.)
|
(was 735 ILCS 5/7-103.80)
|
Sec. 25-7-103.80
7-103.80 . Quick-take; County of Lake. |
|
Quick-take proceedings under Article 20
Section 7-103 may be |
used
for a period of 24 months after July 30, 1999,
by the |
County of Lake, for the acquisition of necessary
right-of-way |
to complete the improvement of the intersection of
County |
Highway 47 (9th Street) and County Highway 27 (Lewis Avenue).
|
(Source: P.A. 91-367, eff. 7-30-99; 92-16, eff. 6-28-01.)
|
(was 735 ILCS 5/7-103.81)
|
Sec. 25-7-103.81
7-103.81 . Quick-take; County of Lake. |
Quick-take proceedings under Article 20
Section 7-103 may be |
used
for a period of 24 months after July 30, 1999,
by the |
County of Lake, for the acquisition of necessary right-of-way |
to
complete the improvement of the various intersections and |
roadways involved in
the project to improve County Highway 70 |
(Hawley Street), County Highway 26
(Gilmer Road), and County |
Highway 62 (Fremont Center Road) at and near Illinois
Route |
176.
|
(Source: P.A. 91-367, eff. 7-30-99; 92-16, eff. 6-28-01.)
|
(was 735 ILCS 5/7-103.82)
|
Sec. 25-7-103.82
7-103.82 . Quick-take; County of |
Winnebago. Quick-take proceedings under Article 20
Section |
7-103 may be used
for a period of 30 months after July 30, |
1999,
by the County of Winnebago to allow for the acquisition |
of
right-of-way for the construction of the Harrison Avenue
|
Extension project from Montague Road to West State Street
lying |
within Section 20, the east 1/2 of Section 29, and the
|
northeast 1/4 of Section 32, Township 44W, Range 1 East of
the |
3rd Principal Meridian, in Winnebago County.
|
(Source: P.A. 91-367, eff. 7-30-99; 92-16, eff. 6-28-01.)
|
(was 735 ILCS 5/7-103.83)
|
Sec. 25-7-103.83
7-103.83 . Quick-take; Village of Schiller |
Park. Quick-take proceedings under Article 20
Section 7-103 may |
be used
for a period of 2 years after July 30, 1999,
by the |
Village of Schiller Park, for the acquisition of the following
|
|
described property for purposes of redevelopment of blighted |
areas:
|
The following parcel of property lying within the East Half |
of the
Southeast Quarter of Section 17, Township 40 North, |
Range 12 East of
the Third Principal Meridian and the N |
East Half of the Southwest
Quarter of Section 16, Township |
40 North, Range 12 East of the Third
Principal Meridian all |
in Cook County, Illinois:
|
Commencing at the intersection of the center line of Irving |
Park Road with
the west line of Mannheim Road; thence, |
southwesterly along the westerly line
of Mannheim Road to |
its intersection with the south line of Belle Plaine
|
Avenue, as extended from the east; thence, easterly along |
the south line of
Belle Plaine Avenue to its intersection |
with the west line, as extended from
the North, of Lot 7 in |
the Subdivision of the West Half of the Southwest
Quarter |
of Section 16, Township 40 North, Range 12 East of the |
Third Principal
Meridian (except that part lying Northerly |
of Irving Park Road), recorded April
14, 1921 as document |
no. 7112572; thence, northerly along the west line, as
|
extended from the north, of Lot 7 of the aforecited |
Subdivision to its
intersection with the north line of |
Belle Plaine Avenue; thence, northeasterly
along the |
northwesterly line of the property acquired by The Illinois |
State
Toll Highway Authority to its intersection with the |
east line of Lot 7 of the
aforecited Subdivision; thence, |
northerly along the east line of Lot 7 of the
aforecited |
Subdivision to its intersection with the south line of Lot |
2 in the
aforecited Subdivision; thence, westerly along the |
south line of Lot 2 of the
aforecited Subdivision to its |
intersection with the west line of Lot 2 of the
aforecited |
Subdivision; thence, northerly along the west line of Lot 2 |
of the
aforecited Subdivision and the extension of the west |
line of Lot 2 to its
intersection with the center line of |
Irving Park Road; thence, westerly along
the center line of |
Irving Park Road to the point of beginning.
|
|
Notwithstanding the property description contained in this |
Section,
the Village of Schiller Park may not acquire, under |
the authority of this
Section, any property that is owned by |
any other unit of local government.
|
(Source: P.A. 91-367, eff. 7-30-99; 92-16, eff. 6-28-01.)
|
(was 735 ILCS 5/7-103.84)
|
Sec. 25-7-103.84
7-103.84 . Quick-take; City of |
Springfield. Quick-take proceedings under Article 20
Section |
7-103 may be used
for a period of 2 years after July 30, 1999,
|
by the City of Springfield, for the acquisition of (i) the |
property located in
the City of Springfield and bounded on the |
north by Mason Street, on the west
by Fifth Street, on the |
south by Jefferson Street, and on the east by Sixth
Street and |
(ii) the property located in the City of Springfield and |
bounded on
the north by Madison Street, on the west by Sixth |
Street, on the south
by Washington Street, and on the east by |
Seventh Street, for the Abraham
Lincoln Presidential Library.
|
(Source: P.A. 91-367, eff. 7-30-99; 92-16, eff. 6-28-01.)
|
(was 735 ILCS 5/7-103.85)
|
Sec. 25-7-103.85
7-103.85 . Quick-take; McLean County. |
Quick-take proceedings under Article 20
Section 7-103 may be |
used
for a period of 24 months after July 30, 1999,
by McLean |
County, for the acquisition of property necessary for
the |
purpose of construction with respect to the Towanda-Barnes
Road |
from Route 150 to Ft. Jesse Road.
|
(Source: P.A. 91-367, eff. 7-30-99; 92-16, eff. 6-28-01.)
|
(was 735 ILCS 5/7-103.86)
|
Sec. 25-7-103.86
7-103.86 . Quick-take; Pike County. |
Quick-take proceedings under Article 20
Section 7-103 may be |
used
for a period of 12 months after July 30, 1999,
by Pike |
County, for the acquisition of property necessary
for the |
purpose of construction with respect to F.A.S. 1591, commonly
|
known as Martinsburg Road, from one mile north of Martinsburg |
|
to 0.25 mile
north of Martinsburg.
|
(Source: P.A. 91-367, eff. 7-30-99; 92-16, eff. 6-28-01.)
|
(was 735 ILCS 5/7-103.87)
|
Sec. 25-7-103.87
7-103.87 . Quick-take; Fox Metro Water |
Reclamation District. Quick-take proceedings under Article 20
|
Section 7-103 may be used
for a period of 12 months after July |
30, 1999,
by the Fox Metro Water Reclamation District,
for the |
acquisition of the following described property for the purpose |
of
extending the collector system and construction of |
facilities for treatment
of effluent:
|
THAT PART OF LOTS 2 AND 3 OF LARSON'S SUBDIVISION |
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST |
CORNER OF SAID LOT 3 BEING ON THE CENTER LINE OF
STATE |
ROUTE NO. 31; THENCE SOUTH 7 DEGREES 01 MINUTES WEST |
ALONG SAID CENTER
LINE 46.58 FEET FOR THE POINT OF |
BEGINNING; THENCE NORTH 7 DEGREES 01 MINUTES
EAST ALONG |
SAID CENTER LINE 91.58 FEET; THENCE SOUTH 88 DEGREES 31 |
MINUTES EAST
PARALLEL WITH THE NORTH LINE OF SAID LOT |
3, 781.87 FEET TO THE EASTERLY LINE OF
SAID LOT 2; |
THENCE SOUTH 19 DEGREES 40 MINUTES WEST ALONG THE |
EASTERLY LINES OF
LOTS 2 AND 3 106.9 FEET; THENCE SOUTH |
9 DEGREES 39 MINUTES EAST ALONG THE
EASTERLY LINE OF |
SAID LOT 3, 70.83 FEET TO A LINE DRAWN SOUTH 82 DEGREES |
36
MINUTES EAST, PARALLEL WITH THE SOUTHERLY LINE OF |
SAID LOT 3, FROM THE PLACE OF
BEGINNING; THENCE NORTH |
82 DEGREES 36 MINUTES WEST ALONG SAID PARALLEL LINE
|
775.16 FEET TO THE PLACE OF BEGINNING, IN THE TOWNSHIP |
OF OSWEGO, KENDALL
COUNTY, ILLINOIS.
|
|
ALSO:
|
THAT PART OF THE SOUTHWEST 1/4 OF SECTION 5, TOWNSHIP |
37 NORTH, RANGE 8
EAST OF THE THIRD PRINCIPAL MERIDIAN, |
DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHWEST |
CORNER OF THE SOUTHWEST FRACTIONAL QUARTER OF SECTION |
6, TOWNSHIP AND
RANGE AFORESAID; THENCE SOUTH ALONG THE |
|
WEST LINE OF SAID SECTION 6, 1363.34
FEET; THENCE SOUTH |
82 DEGREES 36 MINUTES EAST 5298.7 FEET TO THE WESTERLY |
BANK
OF FOX RIVER; THENCE NORTH 18 DEGREES 46 MINUTES |
WEST ALONG SAID WESTERLY BANK
192.5 FEET FOR THE POINT |
OF BEGINNING; THENCE NORTH 18 DEGREES 46 MINUTES WEST
|
ALONG SAID WESTERLY BANK 44.35 FEET; THENCE NORTH 37 |
DEGREES 16 MINUTES WEST
ALONG SAID WESTERLY BANK 227.8 |
FEET; THENCE NORTH 82 DEGREES 36 MINUTES WEST
867.3 |
FEET TO THE CENTER LINE OF THE ORIGINAL ROAD; THENCE |
SOUTHERLY ALONG SAID
CENTER LINE 200 FEET TO A LINE |
DRAWN NORTH 82 DEGREES 36 MINUTES WEST FROM THE
POINT |
OF BEGINNING; THENCE SOUTH 82 DEGREES 36 MINUTES EAST |
1014.21 FEET TO THE
POINT OF BEGINNING, IN THE TOWNSHIP |
OF OSWEGO, KENDALL COUNTY, ILLINOIS.
|
|
ALSO:
|
PARCEL ONE:
|
LOT 5 OF LARSON'S SUBDIVISION, TOWNSHIP OF OSWEGO, |
KENDALL COUNTY,
ILLINOIS.
|
PARCEL TWO:
|
THAT PART OF THE SOUTHWEST 1/4 OF SECTION 5, TOWNSHIP |
37 NORTH, RANGE 8
EAST OF THE THIRD PRINCIPAL MERIDIAN |
DESCRIBED AS FOLLOWS: COMMENCING AT THE
INTERSECTION |
OF THE SOUTH LINE OF SAID SECTION 5 WITH THE CENTER |
LINE OF
ILLINOIS STATE ROUTE NUMBER 31; THENCE NORTH 6 |
DEGREES 44 MINUTES EAST ALONG
SAID CENTER LINE 745.75 |
FEET; THENCE SOUTH 82 DEGREES 30 MINUTES EAST 100 FEET
|
TO THE POINT OF BEGINNING; THENCE SOUTHWESTERLY AT |
RIGHT ANGLES WITH THE LAST
DESCRIBED COURSE, 110 FEET; |
THENCE SOUTH 83 DEGREES 30 MINUTES EAST TO THE
CENTER |
THREAD OF THE FOX RIVER; THENCE NORTHERLY ALONG SAID |
CENTER THREAD TO A
LINE DRAWN SOUTH 82 DEGREES 30 |
MINUTES EAST FOR THE POINT OF BEGINNING; THENCE
NORTH |
82 DEGREES 30 MINUTES WEST TO THE POINT OF BEGINNING; |
IN THE TOWNSHIP OF
OSWEGO, KENDALL COUNTY, ILLINOIS.
|
|
|
ALSO:
|
THAT PART OF THE SOUTH 1/2 OF THE WEST PART OF SECTION |
5, TOWNSHIP 37
NORTH, RANGE 8 EAST OF THE THIRD |
PRINCIPAL MERIDIAN WHICH LIES EAST OF THE
CENTER LINE |
OF STATE ROUTE NO. 31 AND SOUTH OF A LINE EXTENDING |
SOUTH 82
DEGREES 30 MINUTES EAST FROM A POINT IN THE |
SAID CENTER LINE OF SAID HIGHWAY
THAT IS NORTH 6 |
DEGREES 44 MINUTES EAST 745.75 FEET FROM THE SOUTH LINE |
OF SAID
SECTION TO THE CENTER THREAD OF THE FOX RIVER |
(EXCEPT THE RIGHT OF WAY OF THE
SAID STATE ROUTE NO. 31 |
AND A STRIP IN THE NORTHWEST CORNER 67 FEET WIDE AND
|
325 FEET LONG MEASURED ALONG THE EASTERLY LINE OF SAID |
HIGHWAY, USED FOR
CEMETERY PURPOSES, AND ALSO EXCEPT |
THAT PART LYING SOUTH OF THE NORTH LINE OF
PREMISES |
CONVEYED TO THE COMMONWEALTH EDISON COMPANY BY |
WARRANTY DEED RECORDED
OCTOBER 9, 1959 AS DOCUMENT |
127020 AND ALSO EXCEPT THAT PART DESCRIBED AS
FOLLOWS: |
COMMENCING AT THE INTERSECTION OF
THE SOUTH LINE OF |
SAID SECTION 5 WITH THE CENTER LINE OF ILLINOIS STATE |
ROUTE
NO. 31; THENCE NORTH 6 DEGREES 44 MINUTES EAST |
ALONG SAID CENTER LINE 745.75
FEET; THENCE SOUTH 82 |
DEGREES 30 MINUTES EAST 100 FEET FOR THE POINT OF
|
BEGINNING; THENCE SOUTHWESTERLY AT RIGHT ANGLES WITH |
THE LAST DESCRIBED COURSE,
110 FEET; THENCE SOUTH 82 |
DEGREES 30 MINUTES EAST TO THE CENTER THREAD OF THE
FOX |
RIVER; THENCE NORTHERLY ALONG SAID CENTER THREAD TO A |
LINE DRAWN SOUTH 82
DEGREES 30 MINUTES EAST FROM THE |
POINT OF BEGINNING; THENCE NORTH 82 DEGREES 30
MINUTES |
WEST TO THE POINT OF BEGINNING), IN THE TOWNSHIP OF |
OSWEGO, KENDALL
COUNTY, ILLINOIS.
|
(Source: P.A. 91-367, eff. 7-30-99; 92-16, eff. 6-28-01.)
|
(was 735 ILCS 5/7-103.88)
|
Sec. 25-7-103.88
7-103.88 . Quick-take; St. Clair County.
|
Quick-take proceedings under Article 20
Section 7-103 may be |
used
for a period of 12 months after July 30, 1999,
by St. |
|
Clair County, for the acquisition of
property necessary for the |
purpose of the following county road improvements
in the City |
of O'Fallon and the Village of Shiloh: Section 95-00301-02-PV,
|
Hartman Lane to Shiloh-O'Fallon Road, 2.45 miles of concrete |
pavement, 24 feet
wide, 10-foot shoulders, a 95-foot |
single-span bridge, earthwork, and traffic
signals.
|
(Source: P.A. 91-367, eff. 7-30-99; 92-16, eff. 6-28-01.)
|
(was 735 ILCS 5/7-103.89)
|
Sec. 25-7-103.89
7-103.89 . Quick-take; St. Clair County.
|
Quick-take proceedings under Article 20
Section 7-103 may be |
used
for a period of 12 months after July 30, 1999,
by St. |
Clair County, for the acquisition of
property necessary for the |
purpose of the following county road improvements in
the City |
of Fairview Heights: Section 97-00301-04-PV, Metro-Link |
Station to
Illinois Route 159, 2.04 miles of concrete pavement, |
24 feet wide, 10-foot
shoulders, earthwork, and traffic |
signals.
|
(Source: P.A. 91-367, eff. 7-30-99; 92-16, eff. 6-28-01.)
|
(was 735 ILCS 5/7-103.90)
|
Sec. 25-7-103.90
7-103.90 . Quick-take; St. Clair County.
|
Quick-take proceedings under Article 20
Section 7-103 may be |
used
for a period of 12 months after July 30, 1999,
by St. |
Clair County, for the acquisition of
property necessary for the |
purpose of the following county road
improvements in the City |
of O'Fallon: Section 97-03080-05-PV,
Jennifer Court to Station |
122+50, 1.52 miles of concrete
pavement, 24 to 40 feet wide, |
10-foot shoulders, earthwork,
storm sewers, curbs, and |
gutters.
|
(Source: P.A. 91-367, eff. 7-30-99; 92-16, eff. 6-28-01.)
|
(was 735 ILCS 5/7-103.91)
|
Sec. 25-7-103.91
7-103.91 . Quick-take; Madison County. |
Quick-take proceedings under Article 20
Section 7-103 may be |
used
for a period of 12 months after July 30, 1999,
by Madison |
|
County, for the acquisition of
property necessary for the |
purpose of approximately 2.4 miles of roadwork
commencing at |
the intersection of Illinois Route 143 northerly over, adjacent
|
to, and near the location of County Highway 19 (locally known |
as Birch Drive)
to the intersection of Buchts Road, traversing |
through land sections 19, 20,
29, 30, and 31 of Ft. Russell |
Township, the work to consist of excavation, fill
placement, |
concrete structures, and an aggregate and bituminous base with
|
bituminous binder and surfacing.
|
(Source: P.A. 91-367, eff. 7-30-99; 92-16, eff. 6-28-01.)
|
(was 735 ILCS 5/7-103.92)
|
Sec. 25-7-103.92
7-103.92 . Quick-take; Lake County. |
Quick-take proceedings under Article 20
Section 7-103 may be |
used
for a period of 2 years after July 30, 1999,
by Lake |
County, for the acquisition of property
necessary for the |
purpose of improving
County Highway 70 (Hawley Street) from |
Chevy
Chase Road to County Highway 26 (Gilmer Road).
|
(Source: P.A. 91-367, eff. 7-30-99; 92-16, eff. 6-28-01.)
|
(was 735 ILCS 5/7-103.93)
|
Sec. 25-7-103.93
7-103.93 . Quick-take; Kendall County. |
Quick-take proceedings under Article 20
Section 7-103 may be |
used
for a period of 12 months after July 30, 1999,
by Kendall |
County, for the acquisition of
the following described property |
for the
purpose of road construction or improvements,
including |
construction of a bridge and
related improvements:
|
THAT PART OF THE EAST 1/2 OF SECTION 24, TOWNSHIP 37 NORTH, |
RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL |
COUNTY, ILLINOIS
DESCRIBED AS FOLLOWS: COMMENCING AT THE |
NORTHEAST CORNER OF LOT 4 OF
CHRISTIE C. HERREN'S 2ND |
SUBDIVISION; THENCE ON AN ASSUMED BEARING
NORTH 89 DEGREES |
32 MINUTES 05 SECONDS EAST, 33.00 FEET ALONG THE
EASTERLY |
EXTENSION OF THE NORTH LINE OF SAID LOT 4 TO THE CENTER
|
LINE OF MINKLER ROAD; THENCE NORTH 0 DEGREES 27 MINUTES 55 |
SECONDS
WEST, 1,585.91 FEET ALONG THE CENTER LINE OF |
|
MINKLER ROAD TO THE
CENTER LINE OF ILLINOIS ROUTE 71; |
THENCE NORTH 0 DEGREES 53 MINUTES
06 SECONDS WEST, 1,084.14 |
FEET ALONG THE CENTER LINE OF MINKLER ROAD
AND THE |
NORTHERLY EXTENSION THEREOF TO THE NORTH RIGHT-OF-WAY LINE
|
OF THE BURLINGTON NORTHERN SANTA FE RAILROAD FOR THE POINT |
OF
BEGINNING; THENCE CONTINUING NORTH 0 DEGREES 53 MINUTES |
06 SECONDS
WEST, 12.95 FEET TO THE SOUTH BANK OF THE FOX |
RIVER; THENCE NORTH 84
DEGREES 02 MINUTES 18 SECONDS EAST, |
192.09 FEET ALONG SAID SOUTH
BANK; THENCE SOUTH 23 DEGREES |
08 MINUTES 48 SECONDS EAST, 4.22 FEET
TO THE NORTH |
RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN SANTA FE
|
RAILROAD; THENCE SOUTHWESTERLY, 194.71 FEET ALONG A |
3,956.53 FOOT
RADIUS CURVE TO THE LEFT WHOSE CHORD BEARS |
SOUTH 81 DEGREES 25
MINUTES 34 SECONDS WEST, 194.69 FEET TO |
THE POINT OF BEGINNING.
|
AND:
|
THAT PART OF THE EAST 1/2 OF SECTION 24, TOWNSHIP 37 NORTH, |
RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL |
COUNTY, ILLINOIS DESCRIBED AS
FOLLOWS: COMMENCING AT THE |
NORTHEAST CORNER OF LOT 4 OF CHRISTIE C. HERREN'S
2ND |
SUBDIVISION; THENCE ON AN ASSUMED BEARING NORTH 89 DEGREES |
32 MINUTES 05
SECONDS EAST, 33.00 FEET ALONG THE EASTERLY |
EXTENSION OF THE NORTH LINE OF SAID
LOT 4 TO THE CENTER |
LINE OF MINKLER ROAD; THENCE NORTH 0 DEGREES 27 MINUTES 55
|
SECONDS WEST, 1,585.91 FEET ALONG THE CENTER LINE OF |
MINKLER ROAD TO THE CENTER
LINE OF ILLINOIS ROUTE 71 FOR |
THE POINT OF BEGINNING; THENCE NORTH 0 DEGREES 53
MINUTES |
06 SECONDS WEST, 52.33 FEET ALONG THE CENTER LINE OF |
MINKLER ROAD;
THENCE NORTH 72 DEGREES 01 MINUTES 36 SECONDS |
EAST, 130.87 FEET ALONG THE NORTH
RIGHT-OF-WAY LINE OF |
ILLINOIS ROUTE 71; THENCE NORTH 18 DEGREES 09 MINUTES 27
|
SECONDS WEST, 111.00 FEET; THENCE NORTH 74 DEGREES 41 |
MINUTES 24 SECONDS EAST,
40.24 FEET; THENCE NORTH 3 DEGREES |
05 MINUTES 16 SECONDS WEST, 239.00 FEET;
THENCE SOUTH 89 |
DEGREES 29 MINUTES 13 SECONDS WEST, 69.62 FEET; THENCE |
SOUTH 43
DEGREES 09 MINUTES 14 SECONDS WEST, 46.47 FEET; |
|
THENCE SOUTH 89 DEGREES 06
MINUTES 54 SECONDS WEST, 20.00 |
FEET TO THE CENTER LINE OF MINKLER ROAD; THENCE
NORTH 0 |
DEGREES 53 MINUTES 06 SECONDS WEST, 595.48 FEET ALONG SAID |
CENTER LINE
AND SAID CENTER LINE EXTENDED NORTHERLY TO THE |
SOUTH RIGHT-OF-WAY LINE OF THE
BURLINGTON NORTHERN SANTA FE |
RAILROAD; THENCE EASTERLY, 222.77 FEET ALONG A
3,881.53 |
FOOT RADIUS CURVE TO THE RIGHT WHOSE CHORD BEARS NORTH 81 |
DEGREES 28
MINUTES 59 SECONDS EAST, 222.74 FEET; THENCE |
SOUTH 20 DEGREES 43 MINUTES 16
SECONDS EAST, 119.40 FEET; |
THENCE SOUTHERLY, 237.80 FEET ALONG A 717.37 FEET
RADIUS |
CURVE TO THE RIGHT WHOSE CHORD BEARS SOUTH 11 DEGREES 13 |
MINUTES 29
SECONDS EAST, 236.71 FEET; THENCE SOUTH 1 |
DEGREES 43 MINUTES 42 SECONDS EAST,
471.58 FEET; THENCE |
SOUTH 55 DEGREES 31 MINUTES 50 SECONDS EAST, 63.07 FEET;
|
THENCE NORTH 72 DEGREES 01 MINUTES 36 SECONDS EAST, 86.50 |
FEET; THENCE SOUTH 17
DEGREES 58 MINUTES 24 SECONDS EAST, |
20.00 FEET TO THE EXISTING NORTH
RIGHT-OF-WAY LINE OF |
ILLINOIS ROUTE 71; THENCE NORTH 72 DEGREES 01 MINUTES 36
|
SECONDS EAST, 350.00 FEET ALONG SAID NORTH RIGHT-OF-WAY |
LINE OF ILLINOIS ROUTE
71; THENCE SOUTH 17 DEGREES 58 |
MINUTES 24 SECONDS EAST, 50.00 FEET TO THE
CENTER LINE OF |
ILLINOIS ROUTE 71; THENCE SOUTH 72 DEGREES 01 MINUTES 36 |
SECONDS
WEST, 836.88 FEET ALONG SAID CENTER LINE TO THE |
POINT OF BEGINNING.
|
AND:
|
THAT PART OF THE EAST 1/2 OF SECTION 24, TOWNSHIP 37 NORTH, |
RANGE 7 EAST OF
THE THIRD PRINCIPAL MERIDIAN, KENDALL |
COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE |
NORTHEAST CORNER OF LOT 4 OF CHRISTIE C. HERREN'S 2ND
|
SUBDIVISION; THENCE ON AN ASSUMED BEARING NORTH 89 DEGREES |
32 MINUTES 05
SECONDS EAST, 33.00 FEET ALONG THE EASTERLY |
EXTENSION OF THE NORTH LINE OF SAID
LOT 4 TO THE CENTER |
LINE OF MINKLER ROAD; THENCE NORTH 0 DEGREES 27 MINUTES 55
|
SECONDS WEST, 1,585.91 FEET ALONG SAID CENTER LINE TO THE |
CENTER LINE OF
ILLINOIS ROUTE 71 FOR THE POINT OF |
BEGINNING; THENCE NORTH 72 DEGREES 01
MINUTES 36 SECONDS |
|
EAST, 836.88 FEET ALONG THE CENTER LINE OF ILLINOIS ROUTE
|
71; THENCE SOUTH 17 DEGREES 58 MINUTES 24 SECONDS EAST, |
50.00 FEET TO THE SOUTH
RIGHT-OF-WAY LINE OF ILLINOIS ROUTE |
71; THENCE SOUTH 64 DEGREES 54 MINUTES 06
SECONDS WEST, |
201.56 FEET; THENCE SOUTH 72 DEGREES 01 MINUTES 36 SECONDS
|
WEST, 331.43 FEET; THENCE SOUTH 1 DEGREES 55 MINUTES 17 |
SECONDS WEST, 144.09
FEET; THENCE SOUTHERLY 327.44 FEET |
ALONG AN 853.94 FOOT RADIUS CURVE TO THE
RIGHT WHOSE CHORD |
BEARS SOUTH 12 DEGREES 54 MINUTES 22 SECONDS WEST, 325.44
|
FEET; THENCE SOUTH 23 DEGREES 53 MINUTES 28 SECONDS WEST, |
211.52 FEET; THENCE
SOUTHERLY 289.43 FEET ALONG A 673.94 |
FOOT RADIUS CURVE TO THE LEFT WHOSE CHORD
BEARS SOUTH 11 |
DEGREES 35 MINUTES 17 SECONDS WEST, 287.21 FEET; THENCE |
SOUTH 0
DEGREES 42 MINUTES 55 SECONDS EAST, 135.43 FEET; |
THENCE SOUTH 89 DEGREES 17
MINUTES 05 SECONDS WEST, 85.98 |
FEET TO THE CENTER LINE OF MINKLER ROAD; THENCE
NORTH 0 |
DEGREES 27 MINUTES 55 SECONDS WEST, 459.31 FEET ALONG SAID |
CENTER
LINE; THENCE NORTH 21 DEGREES 25 MINUTES 47 SECONDS |
EAST, 232.86 FEET; THENCE
NORTHERLY 266.09 FEET ALONG A |
693.94 FOOT RADIUS CURVE TO THE LEFT WHOSE CHORD
BEARS |
NORTH 12 DEGREES 54 MINUTES 22 SECONDS EAST, 264.46 FEET; |
THENCE NORTH 1
DEGREES 55 MINUTES 17 SECONDS EAST, 64.92 |
FEET; THENCE NORTH 53 DEGREES 01
MINUTES 20 SECONDS WEST, |
30.54 FEET; THENCE SOUTH 72 DEGREES 01 MINUTES 36
SECONDS |
WEST, 132.59 FEET TO THE CENTER LINE OF MINKLER ROAD; |
THENCE NORTH 0
DEGREES 27 MINUTES 55 SECONDS WEST, 73.38 |
FEET ALONG SAID CENTER LINE TO THE
POINT OF BEGINNING.
|
(Source: P.A. 91-367, eff. 7-30-99; 92-16, eff. 6-28-01.)
|
(was 735 ILCS 5/7-103.94)
|
Sec. 25-7-103.94
7-103.94 . Quick-take; DU-COMM at |
Cloverdale, Illinois. Quick-take proceedings under Article 20
|
Section 7-103 may be used
for a period of 2 years after July |
30, 1999,
by DuPage Public Safety Communications (DU-COMM),
a |
unit of intergovernmental cooperation, for the acquisition of
|
property including land, buildings, towers, fixtures, and |
|
other
improvements located at Cloverdale, Illinois and |
described as follows:
|
A tract or parcel of land situated in the Southeast |
Quarter (SE 1/4) of
Section Twenty-one (21), Township Forty |
(40) North, Range Ten (10) East of the
Third Principal |
Meridian, more particularly described as follows:
|
Commencing at the Southwest corner of the |
Southeast Quarter (SE 1/4) of
said Section Twenty-one |
(21), measure North, along the West line of the
|
Southeast Quarter (SE 1/4) of said Section Twenty-one |
(21) 1287.35 feet, then
East at right angles to the |
said West line of the Southeast Quarter (SE 1/4) of
|
said Section Twenty-one (21), 292.57 feet to the point |
of beginning;
|
Thence East along the last described course 208.71 |
feet, thence South at
right angles to the last |
described course 208.71 feet, thence West at right
|
angles to the last described course 208.71 feet, thence |
North in a direct line
208.71 feet to the point of |
beginning; also
|
A right of way and easement thirty-three (33) feet in |
width for the
construction, maintenance, and use of (a) a |
roadway suitable for vehicular
traffic, and (b) such aerial |
or underground electric power and communication
lines as |
said Company may from time to time desire, consisting of |
poles, wires,
cables, conduits, guys, anchors, and other |
fixtures and appurtenances, the
center line of which right |
of way and easement is described as follows:
|
Commencing at a point on the West line of the tract |
or parcel of land
above described, distant Southerly |
16.5 feet from the Northwest corner of said
tract or |
parcel, thence Westerly at right angles to the West |
line of the
Southeast Quarter (SE 1/4) of said Section |
Twenty-one (21), 293 feet more or
less to the public |
road situated on the West line of the Southeast Quarter |
(SE
1/4) of said Section Twenty-one (21), Township and |
|
Range aforesaid.
|
(Source: P.A. 91-367, eff. 7-30-99; 92-16, eff. 6-28-01.)
|
(was 735 ILCS 5/7-103.95)
|
Sec. 25-7-103.95
7-103.95 . Quick-take; City of Crest Hill. |
Quick-take proceedings under Article 20
Section 7-103 may be |
used
for a period of 3 years after July 30, 1999,
(in the case |
of the permanent easements described
in items (A) and (C)), by |
the City of Crest Hill, for acquisition of
the following |
easements:
|
(A) Permanent easement for the purposes of |
installation, maintenance, and
use of water or sewer, or |
both water and sewer, lines in, along, through, and
under |
the following legally described property:
|
The East 70 feet of the North half of the North half of |
the Southeast
Quarter of Section 30, Township 36 North, and |
in Range 10, East of the Third
Principal Meridian (Except |
therefrom the North 12 Rods of the East 13 1/2 Rods
|
thereof, and also except the South 99 feet of the East 440 |
feet thereof), in
Will County, Illinois.
|
(B) Temporary easement for purposes of initial |
construction of the water
or sewer, or both water and |
sewer, lines in, along, through, and under the
permanent |
easement described in item (A). The temporary easement |
herein shall
arise on September 1, 1999 and shall cease on |
August 31, 2001 and is legally
described as follows:
|
The East 100 feet of the North half of the North half |
of the Southeast
Quarter of Section 30, Township 36 North, |
and in Range 10, East of the Third
Principal Meridian |
(Except therefrom the North 12 Rods of the East 13 1/2 Rods
|
thereof, and also except the South 99 feet of the East 440 |
feet thereof), in
Will County, Illinois.
|
(C) Permanent easement for the purposes of |
installation, maintenance, and
use of water or sewer, or |
both water and sewer, lines in, along, through, and
under |
the following legally described property:
|
|
The East 70 feet of the West 120 feet of the South half |
of the Southeast
Quarter of Section 30, in township 36 |
North, and in Range 10 East of the Third
Principal |
Meridian, in Will County, Illinois, excepting therefrom |
the following
described tracts:
|
Exception 1:
That part of said South half lying |
Southwesterly of the Northeasterly
right-of-way line of |
the Elgin, Joliet and Eastern Railway Company, in Will
|
County, Illinois.
|
Exception 2:
The West 200 feet of said South half, in |
Will County, Illinois.
|
Exception 3:
That part of the South half of the |
Southeast Quarter of Section 30, Township 36
North, and in |
Range 10 East of the Third Principal Meridian, described as
|
follows:
Beginning at a point 250 feet East of the West |
line of said South half of the
Southeast Quarter and 180.58 |
feet North of the South line of said South half of
the |
Southeast Quarter; thence North along a line 250 feet East |
of and parallel
with the West line of said Southeast |
Quarter a distance of 1004.55 feet to a
point; thence |
Northwesterly along a diagonal line 65.85 feet to its
|
intersection with a line drawn 200 feet East of and |
parallel to the West line
of said Southeast Quarter, said |
point also being 100.75 feet South of the North
line of the |
South half of said Southeast Quarter, as measured along |
said
parallel line; thence South along the last described |
parallel line a distance
of 1045.02 feet to a point 50 feet |
West of the point of beginning and 180.58
feet North of the |
South line of said Southeast Quarter;
thence East 50 feet |
to the point of beginning, in Will County, Illinois.
|
Exception 4:
Beginning at the Southeast corner of the |
Southeast Quarter of Section 30,
Township 36 North, and in |
Range 10 East of the Third Principal Meridian, thence
|
Northerly along the East line of said Section for a |
distance of 346.5 feet;
thence Westerly along a line 346.5 |
feet distant from and parallel with the
South line of said |
|
Section for a distance of 297 feet; thence Southerly along |
a
line 297 feet distant from and parallel with the East |
line of said Section for
a distance of 346.5 feet to a |
point, said point being on the South line of said
Section; |
thence Easterly along said South line of said Section 297 |
feet to the
point of beginning, in Will County, Illinois.
|
Exception 5:
That part dedicated for highway purposes |
in instrument recorded January 28,
1986
as Document No. |
R86-03205 described as follows: That part of the South half |
of
the
Southeast Quarter of Section 30, Township 36 North, |
and in Range 10 East of the
Third Principal Meridian |
bounded and described as follows: Beginning at the
point
of |
intersection of the Northeasterly right-of-way line of the |
Elgin, Joliet and
Eastern Railway Company with the South |
line of said Southeast Quarter, thence
on
an assumed |
bearing of North 90.00 degrees 00 minutes 00 seconds East |
along
said
South line a distance of 288.02 feet; thence |
North 00 degrees 00 minutes 00
seconds East a distance of |
33.0 feet; thence North 86 degrees 25 minutes 22
seconds |
West a distance of 352.57 feet to the Northeasterly |
right-of-way line
of
said railway company; thence South 49 |
degrees 15 minutes 53 seconds East along
said Northeasterly |
right-of-way line, a distance of 84.28 feet to the point of
|
beginning, in Will County, Illinois.
|
Exception 6:
The North 850 feet of the East 1025 feet |
of the South half of the Southeast
Quarter of Section 30, |
Township 36 North, and in Range 10 East of the Third
|
Principal Meridian, in Will County, Illinois.
|
(D) Temporary easement for purposes of initial |
construction of the water or
sewer, or
both water and |
sewer, lines in, along, through, and under the permanent
|
easement described
in item (C). The temporary easement |
herein shall arise on September 1, 1999 and
shall
cease on |
August 31, 2001 and is legally described as follows:
|
The East 100 feet of the West 150 feet of the South |
half of the Southeast
Quarter of
Section 30, in Township 36 |
|
North, and in Range 10 East of the Third Principal
|
Meridian, in Will County, Illinois, excepting therefrom |
the following described
tracts:
|
Exception 1:
That part of said South half lying |
Southwesterly of the Northeasterly
right-of-way
line of |
the Elgin, Joliet and Eastern Railway Company, in Will |
County,
Illinois.
|
Exception 2:
The West 200 feet of said South half, in |
Will County, Illinois.
|
Exception 3:
That part of the South half of the |
Southeast Quarter of Section 30, Township 36
North, and in |
Range 10 East of the Third Principal Meridian, described as
|
follows:
Beginning at a point 250 feet East of the West |
line of said South half of the
Southeast Quarter and 180.58 |
feet North of the South line of said South half of
the
|
Southeast Quarter; thence North along a line 250 feet East |
of and parallel with
the
West line of said southeast |
Quarter a distance of 1004.55 feet to a point;
thence
|
Northwesterly along a diagonal line 65.85 feet to its |
intersection with a line
drawn
200 feet East of and |
parallel to the West line of said Southeast Quarter, said
|
point
also being 100.75 feet South of the North line of the |
South half of said
Southeast
Quarter, as measured along |
said parallel line; thence South along the last
described
|
parallel line a distance of 1045.02 feet to a point 50 feet |
West of the point
of
beginning and 180.58 feet North of the |
South line of said Southeast Quarter;
thence
East 50 feet |
to the point of beginning, in Will County, Illinois.
|
Exception 4:
Beginning at the Southeast corner of the |
Southeast Quarter of Section 30,
Township 36
North, and in |
Range 10 East of the Third Principal Meridian, thence |
Northerly
along
the East line of said Section for a |
distance of 346.5 feet; thence Westerly
along a
line 346.5 |
feet distant from and parallel with the South line of said |
Section
for a
distance of 297 feet; thence Southerly along |
a line 297 feet distant from and
parallel with the East |
|
line of said Section for a distance of 346.5 feet to a
|
point,
said point being on the South line of said Section; |
thence Easterly along said
South
line of said Section 297 |
feet to the point of beginning, in Will County,
Illinois.
|
Exception 5:
That part dedicated for highway purposes |
in instrument recorded January 28,
1986 as Document No. |
R86-03205 described as follows: That part of the South
half |
of the Southeast Quarter of Section 30, Township 36 North, |
and in Range 10
East of the Third Principal Meridian |
bounded and described as follows:
Beginning at the point of |
intersection of the Northeasterly right-of-way line
of the |
Elgin, Joliet and Eastern Railway Company with the South |
line of said
Southeast Quarter; thence on an assumed |
bearing of North 90.00 degrees 00
minutes 00 seconds East |
along said South line a distance of 288.02 feet; thence
|
North 00 degrees 00 minutes 00 seconds East a distance of |
33.0 feet; thence
North 86 degrees 25 minutes 22 seconds |
West a distance of 352.57 feet to the
Northeasterly |
right-of-way line of said railway company; thence South 49
|
degrees 15 minutes 53 seconds East along said Northeasterly |
right-of-way line,
a distance of 84.28 feet to the point of |
beginning, in Will County, Illinois.
|
Exception 6:
The North 850 feet of the East 1025 feet |
of the South half of the Southeast
Quarter of Section 30, |
Township 36 North, and in Range 10 East of the Third
|
Principal Meridian, in Will County, Illinois.
|
(Source: P.A. 91-367, eff. 7-30-99; 92-16, eff. 6-28-01.)
|
(was 735 ILCS 5/7-103.96)
|
Sec. 25-7-103.96
7-103.96 . Quick-take; Village of |
Palatine. Quick-take proceedings under Article 20
Section |
7-103 may be used
for a period of 4 years after July 30, 1999,
|
by the Village of Palatine, for the acquisition of the |
following described
property for the purpose of revitalizing |
the downtown business area:
|
Lots 1 through 3 in Block D of the Subdivision of the North |
|
24.60 acres in
the NE 1/4 of the NE 1/4 of Section 22, Township |
42, Range 10 East of the Third
Principal Meridian, in Cook |
County, IL;
|
Property bounded by Bothwell Street, Railroad |
right-of-way, Plum Grove Road
and Chicago Avenue in the Village |
of Palatine;
|
Lots 1 through 8 in Block K, of the Town of Palatine, a |
subdivision of the
West 16 2/3 acres of the South 31 acres of |
the West 1/2 of the Southwest 1/4 of
Section 14 and the |
Southeast 24.12 acres of the South 31 acres of the East 1/2
of |
the Southeast 1/4 of Section 15, Township 42 North, Range 10, |
East of the
Third Principal Meridian, Ante-Fire, Re-recorded |
April 10, 1877 as Document
129579, in Cook County, Illinois;
|
Property bounded by Wilson Street, Plum Grove Road, Slade |
Street, Railroad
right-of-way and Bothwell Street in the |
Village of Palatine;
|
Lots 1 through 8 in Block 8 of the Subdivision of part of |
the East 1/2 of the
SE 1/4 Section, Ante-Fire, Re-recorded on |
April 10, 1877 as Document Number
129579;
|
Lots 20 and 21 and the West 71.25 feet of Lot 24 of Arthur |
T. McIntosh and
Company's Palatine Farms, being a subdivision |
of Section 16, Township 42, Range
10 East of the Third |
Principal Meridian, in Cook County, IL, recorded on June
16, |
1919;
|
Lots 1 through 3 of Millin's Subdivision of the SE 1/4 of |
Section 15,
Township 42, Range 10 East of the Third Principal |
Meridian, in Cook County, IL;
|
Property bounded by Colfax Street, Smith Street and |
Millin's Subdivision of
the SE 1/4 of Section 15, Township 42, |
Range 10 East of the Third Principal
Meridian, in Cook County, |
IL;
|
Property bounded by Wood Street, Brockway Street and |
Railroad right-of-way in
the Village of Palatine;
|
Lots 45 through 50 and 58 through 64 of Arthur T. McIntosh |
and Company's
Palatine Farms, being a subdivision of Section |
16, Township 42, Range 10 East
of the Third Principal Meridian, |
|
in Cook County, IL, recorded on June 16, 1919;
and
|
Property bounded by Railroad right-of-way, Brockway Street and |
Slade Street in
the Village of Palatine.
|
(Source: P.A. 91-367, eff. 7-30-99; 92-16, eff. 6-28-01.)
|
(was 735 ILCS 5/7-103.97)
|
Sec. 25-7-103.97
7-103.97 . Quick-take; Village of Baylis. |
Quick-take proceedings under
Article 20
Section 7-103 may be |
used for a period of 12 months after the effective date of
this |
amendatory Act of the 92nd General Assembly by the Village of |
Baylis for
the acquisition of the following described property |
for the purpose of
constructing a sewer project:
|
A part of the North One-Half of the Northwest Quarter of |
the Southeast
Quarter of Section Seven (7), Township Four |
(4) South, Range Four (4) West of
the New Salem Township, |
Pike County, Illinois specifically described as
follows:
|
COMMENCING: At a point of beginning 540.35 feet South 00 |
degrees 33
minutes 30 seconds West of center of Section |
Seven (7), Township Four (4)
South, Range Four (4) West of |
the New Salem Township, Pike County, Illinois,
Thence |
1,481.74 feet North 64 degrees 56 minutes 58 seconds East |
Thence 800.0
feet North 90 degrees 00 minutes 00 seconds |
West Thence 172.61 feet North 00
degrees 33 minutes 30 |
seconds East to the point of beginning, said area to
|
contain 15.00 acres.
|
PROPOSED ACCESS RIGHT OF WAY: Fifty (50) feet wide by Three |
hundred
eighty six and 77 hundreds feet, said area |
containing 0.44 Acres more or
less.
|
(Source: P.A. 92-831, eff. 8-22-02.)
|
(was 735 ILCS 5/7-103.98)
|
Sec. 25-7-103.98
7-103.98 . Quick-take; County of Lake. |
Quick-take proceedings under
Article 20
Section 7-103 may be |
used for a period of 12 months after the effective date of
this |
amendatory Act of the 92nd General Assembly, by the County of |
Lake, for
the acquisition of the following described property |
|
as necessary right-of-way
to complete the improvement of County |
Highway 45 (Washington Street) from Route
45 to Hunt Club Road:
|
PARCEL 014
|
THAT PART OF COMMON ELEMENT IN THE TOWN HOMES OF
WOODLAND |
HILLS CONDOMINIUM, PHASE 1B, AS DELINEATED ON THE
SURVEY OF |
PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF
SECTION |
20, TOWNSHIP 45 NORTH, RANGE 11, EAST OF THE THIRD
|
PRINCIPAL MERIDIAN, IN LAKE COUNTY, ILLINOIS, DESCRIBED AS
|
FOLLOWS:
|
COMMENCING AT THE SOUTHEAST CORNER OF THE WIDENING OF
|
WASHINGTON STREET RECORDED APRIL 15, 1985 AS DOCUMENT NO.
|
2348877, BEING ALSO THE POINT OF INTERSECTION OF A LINE |
DRAWN
15.240 METERS (50.00 FEET) SOUTH OF AND PARALLEL WITH |
THE
EAST-WEST CENTERLINE OF SAID SECTION 20, WITH THE EAST |
LINE OF
SAID WEST HALF OF THE SOUTHEAST QUARTER OF SECTION |
20; THENCE
WEST ALONG SAID PARALLEL LINE, ON AN ASSUMED |
BEARING OF NORTH
89 DEGREES 49 MINUTES 09 SECONDS WEST, A |
DISTANCE OF 151.292
METERS (493.08 FEET) TO THE POINT OF |
BEGINNING; THENCE CONTINUING
NORTH 89 DEGREES 49 MINUTES 09 |
SECONDS WEST, A DISTANCE OF 73.395
METERS (240.80 FEET); |
THENCE ON THE ARC OF A CURVE TO THE LEFT,
SAID CURVE HAVING |
A RADIUS OF 7.620 METERS (25.00 FEET) AND THE
CHORD BEARING |
OF SOUTH 45 DEGREES 10 MINUTES 51 SECONDS WEST,
AN ARC |
DISTANCE OF 11.969 METERS (39.27 FEET); THENCE SOUTH 00
|
DEGREES 10 MINUTES 51 SECONDS WEST, A DISTANCE OF 6.614 |
METERS
(21.70 FEET); THENCE ON THE ARC OF A CURVE TO THE |
LEFT, SAID CURVE
HAVING A RADIUS OF 63.514 METERS (208.38 |
FEET) AND THE CHORD
BEARING OF SOUTH 11 DEGREES 55 MINUTES |
52 SECONDS EAST, AN ARC
DISTANCE OF 26.853 METERS (88.10 |
FEET) TO THE POINT OF REVERSE
CURVATURE; THENCE ON THE ARC |
OF A CURVE TO THE RIGHT, SAID
CURVE HAVING A RADIUS OF |
241.176 METERS (791.26 FEET) AND THE
CHORD BEARING OF SOUTH |
22 DEGREES 33 MINUTES 41 SECONDS EAST,
AN ARC DISTANCE OF |
12.473 METERS (40.92 FEET); THENCE SOUTH 89
DEGREES 49 |
MINUTES 30 SECONDS EAST, A DISTANCE OF 70.607 METERS
|
(231.65 FEET); THENCE NORTH 00 DEGREES 10 MINUTES 30 |
|
SECONDS EAST,
A DISTANCE OF 51.789 METERS (169.91 FEET) TO |
THE POINT OF BEGINNING.
|
SAID PARCEL CONTAINING 0.4043 HECTARE (0.999 ACRE), MORE OR
|
LESS.
|
PERMANENT INDEX NUMBER: 07-20-400-032 THRU -049.
|
PARCEL 017
|
THE SOUTH 18.288 METERS (60.00 FEET) OF THE EAST HALF |
(EXCEPT
THE EAST 203.912 METERS (669.00 FEET) OF THE |
NORTHEAST QUARTER
SECTION) OF THE FOLLOWING PARCEL (TAKEN |
AS A TRACT): THE
NORTHEAST QUARTER (EXCEPT EAST 22 RODS AND |
THE WEST 60 RODS
THEREOF) OF SECTION 20, TOWNSHIP 45 NORTH, |
RANGE 11, EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN LAKE |
COUNTY, ILLINOIS.
|
SAID PARCEL CONTAINING 0.2206 HECTARE (0.545 ACRE), MORE OR
|
LESS, OF WHICH 0.1471 HECTARE (0.363 ACRE), MORE OR LESS, |
WAS
PREVIOUSLY USED FOR HIGHWAY PURPOSES.
|
PERMANENT INDEX NUMBER: 07-20-200-003.
|
PARCEL 019
|
THE SOUTH 18.288 METERS (60.00 FEET) OF THE EAST 155.144 |
METERS
(509.00 FEET) (EXCEPT EAST 22 RODS THEREOF) OF THE |
NORTHEAST
QUARTER OF SECTION 20, TOWNSHIP 45 NORTH, RANGE |
11, EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN LAKE COUNTY, |
ILLINOIS.
|
SAID PARCEL CONTAINING 0.0814 HECTARE (0.201 ACRE), MORE OR
|
LESS, OF WHICH 0.0546 HECTARE (0.135 ACRE), MORE OR LESS, |
WAS
PREVIOUSLY USED FOR HIGHWAY PURPOSES.
|
PERMANENT INDEX NUMBER: 07-20-200-003.
|
(Source: P.A. 92-831, eff. 8-22-02.)
|
(was 735 ILCS 5/7-103.99)
|
Sec. 25-7-103.99
7-103.99 . Quick-take; Village of |
Bartlett. Quick-take proceedings
under Article 20
Section |
7-103 may be used for a period of 12 months after the effective
|
date of this amendatory Act of the 92nd General Assembly by the |
Village of
Bartlett for the acquisition of the following |
described easements for the
purpose of the construction of an |
|
asphalt bicycle and multi-purpose public
path:
|
1. PERMANENT EASEMENT. A permanent easement appurtenant, |
20 feet to 30 feet
in width, over, upon, across, through |
and under that portion of the Alperin
Property legally |
described as follows:
|
Parcel 1:
|
That part of the East Half of the Northwest Quarter of |
Section Thirty-Three,
Township Forty-One North, Range |
Nine, East of the Third Principal Meridian,
bounded and |
described as follows: Commencing at the Southwest corner of |
the
East Half of the Northwest Quarter of said Section |
Thirty-Three; thence North
00 degrees 26 minutes 35 seconds |
East, being an assumed bearing on the West
line of the East |
Half of the Northwest Quarter of said Section Thirty-Three, |
a
distance of 1273.66 feet; thence South 89 degrees 33 |
minutes 25 seconds East,
perpendicular to the last |
described West line, a distance of 40.0 feet to the
point |
of beginning; thence continuing South 89 degrees 33 minutes |
25 seconds
East, on said perpendicular line, a distance of |
20.0 feet; thence South 00
degrees 26 minutes 35 seconds |
West, on a line 60.0 feet East of and parallel
with the |
West line of the East Half of the Northwest Quarter of said |
Section
Thirty-Three, a distance of 949.0 feet; thence |
South 89 degrees 33 minutes 25
seconds East, perpendicular |
to the last described West line, a distance of 10.0
feet; |
thence South 00 degrees 26 minutes 35 seconds West, on a |
line 70.0 feet
East of and parallel with the West line of |
the East Half of the Northwest
Quarter of said Section |
Thirty-Three, a distance of 323.28 feet to the South
line |
of the East Half of the Northwest Quarter of said Section |
Thirty-Three;
thence South 89 degrees 18 minutes, 39 |
seconds West, on the last described
South
line, a distance |
of 30.01 feet; thence North 00 degrees 26 minutes 35 |
seconds
East, on a line 40.0 feet East of and parallel with |
West line of the East Half
of the Northwest Quarter of said |
|
Section Thirty-Three, a distance of 1272.87
feet to the |
point of beginning, all in Cook County, Illinois.
|
Parcel 2:
|
That part of the East Half of the Northwest Quarter of |
Section Thirty-Three,
Township Forty-One North, Range |
Nine, East of the Third Principal Meridian,
bounded and |
described as follows: Commencing at the Northwest corner of |
the
East
Half of the Northwest Quarter of said Section |
Thirty-Three; thence North 89
degrees 23 minutes 39 seconds |
East, being an assumed bearing on the North line
of the |
East Half of the Northwest Quarter of said Section |
Thirty-Three, a
distance of 40.0 feet to the point of |
beginning; thence continuing North 89
degrees 23 minutes 39 |
seconds East, on the last described North line, a
distance |
of 20.0 feet; thence South 00 degrees 26 minutes 35 seconds |
West,
on a line 60.0
feet East of and parallel with the |
West line of the East Half of the Northwest
Quarter of said |
Section Thirty-Three, a distance of 1392.66 feet; thence |
North
89 degrees 33 minutes 25 seconds West, perpendicular |
to the last described West
line, a distance of 20.0 feet; |
thence North 00 degrees 26 minutes 35 seconds
East, on a |
line 40.0 feet East of and parallel with the West line of |
the East
Half of the Northwest Quarter of said Section |
Thirty-Three, a distance of
1392.29 feet to the point of |
beginning, excepting therefrom that part described
as |
follows: Commencing at the Northwest corner of the East |
Half of the
Northwest
Quarter of said Section Thirty-Three; |
thence South 00 degrees 26 minutes 35
seconds West, on the |
West line of the East Half of the Northwest Quarter of
said
|
Section Thirty-Three, a distance of 453.71 feet to the |
North right-of-way line
of the Chicago, Milwaukee, St. Paul |
and Pacific Railroad; thence South 79
degrees 38 minutes 52 |
seconds East, on said North railroad right-of-way line, a
|
distance of 40.61 feet to the point of beginning for said |
exception; thence
continuing South 79 degrees 38 minutes 52 |
|
seconds East, on said North railroad
right-of-way line, a |
distance of 20.30 feet; thence South 00 degrees 26 minutes
|
35 seconds West, on a line 60.0 feet East of and parallel |
with the West line of
the East Half of the Northwest |
Quarter of said Section Thirty-Three, a distance
of 101.51 |
feet to the South right-of-way line of said railroad; |
thence North 79
degrees 38 minutes 52 seconds West, on said |
South railroad right-of-way line, a
distance of 20.30 feet; |
thence North 00 degrees 26 minutes 35 seconds East, on
a |
line 40.0 feet East of and parallel with the West line of |
the East Half of
the Northwest Quarter of said Section |
Thirty-Three, a distance of 101.51 feet
to the point of |
beginning, all in Cook County, Illinois.
|
(the "Permanent Easement Parcels") for the purpose of |
constructing,
maintaining, repairing, replacing, gaining |
access to and use by the public
of a 12 foot +/- wide, |
asphalt multi-purpose path.
|
2. ACCESS EASEMENT. A non-exclusive easement appurtenant, |
25 feet to 27
feet in width, over, upon and across that |
portion of the Alperin Property
legally described as |
follows:
|
Parcel 1:
|
That part of the East Half of the Northwest Quarter of |
Section Thirty-Three,
Township Forty-One North, Range |
Nine, East of the Third Principal Meridian,
bounded and |
described as follows: Commencing at the Southwest corner of |
the
East
Half of the Northwest Quarter of said Section |
Thirty-Three; thence North 00
degrees 26 minutes 35 seconds |
East, being an assumed bearing on the West line
of
the East |
Half of the Northwest Quarter of said Section Thirty-Three, |
a distance
of 1273.66 feet; thence South 89 degrees 33 |
minutes 25 seconds East,
perpendicular to the last |
described West line, a distance of 13.11 feet to the
point |
|
of beginning; thence continuing South 89 degrees 33 minutes |
25 seconds
East, on said perpendicular line, a distance of |
26.89 feet; thence South 00
degrees 26 minutes 35 seconds |
West, on a line 40.0 feet East of and parallel
with the |
West line of the East Half of the Northwest Quarter of said |
Section
Thirty-Three, a distance of 1243.53 feet to a point |
on a curve concave to the
Northeast and having a radius of |
45.87 feet; thence Northwesterly 43.45 feet on
the arc of |
the aforementioned curve, having a chord bearing of North |
26 degrees
46 minutes 35 seconds West and a chord distance |
of 41.84 feet; thence North 00
degrees 21 minutes 44 |
seconds East, a distance of 310.0 feet; thence North 1
|
degree 18 minutes 37 seconds West, a distance of 238.87 |
feet; thence North 00
degrees 26 minutes 07 seconds East, a |
distance of 383.83 feet; thence North 00
degrees 27 minutes |
07 seconds East, a distance of 273.74 feet to the point of
|
beginning, all in Cook County, Illinois.
|
Parcel 2:
|
That part of the East Half of the Northwest Quarter of |
Section Thirty-Three,
Township Forty-One North, Range |
Nine, East of the Third Principal Meridian,
bounded and |
described as follows: Commencing at the Northwest corner of |
the
East
Half of the Northwest Quarter of said Section |
Thirty-Three; thence North 89
degrees 23 minutes 39 seconds |
East, being an assumed bearing on the North line
of the |
East Half of the Northwest Quarter of said Section |
Thirty-Three, a
distance of 40.0 feet to the point of |
beginning; thence South 00 degrees 26
minutes 35 seconds |
West, on a line 40.0 feet East of and parallel with the |
West
line of the East Half of the Northwest Quarter of said |
Section Thirty-Three, a
distance of 1392.29 feet; thence |
North 89 degrees 33 minutes 25 seconds West,
perpendicular |
to the last described West line, a distance of 26.89 feet; |
thence
North 00 degrees 27 minutes 07 seconds East, a |
distance of 9.53 feet; thence
North 00 degrees 10 minutes |
|
41 seconds East, a distance of 216.59 feet; thence
North 00 |
degrees 51 minutes 33 seconds East, a distance of 154.56 |
feet; thence
North 00 degrees 24 minutes 25 seconds East, a |
distance of 260.39 feet; thence
North 00 degrees 21 minutes |
48 seconds East, a distance of 144.80 feet; thence
North 00 |
degrees 04 minutes 10 seconds West, a distance of 21.74 |
feet; thence
North 00 degrees 41 minutes 33 seconds East, a |
distance of 50.42 feet; thence
North 00 degrees 03 minutes |
26 seconds East, a distance of 44.54 feet; thence
North 00 |
degrees 51 minutes 20 seconds East, a distance of 84.53 |
feet; thence
North 1 degree 41 minutes 45 seconds East, a |
distance of 291.25 feet; thence
North 00 degrees 56 minutes |
03 seconds East, a distance of 113.65 feet to the
North |
line of the East Half of the Northwest Quarter of said |
Section
Thirty-Three; thence North 89 degrees 23 minutes 39 |
seconds East, on the last
described
North line, a distance |
of 19.47 feet to the point of beginning, excepting
|
therefrom that part falling within the 100.0 foot wide |
right-of-way of the
Chicago, Milwaukee, St. Paul and |
Pacific Railroad, all in Cook County,
Illinois.
|
(the "Access Easement Parcels") for the purpose of |
providing access to the
public from the center of |
Naperville Road to the bicycle/multi-purpose asphalt
path |
that will be constructed on the Permanent Easement.
|
3. CONSTRUCTION EASEMENT. A temporary construction |
easement, 57 feet to 67
feet in width, over, upon, across, |
through and under that portion of the
Alperin Property |
legally described as follows:
|
Parcel 1:
|
That part of the East Half of the Northwest Quarter of |
Section Thirty-Three,
Township Forty-One North, Range |
Nine, East of the Third Principal Meridian,
bounded and |
described as follows: Commencing at the Southwest corner of |
|
the
East
Half of the Northwest Quarter of said Section |
Thirty-Three; thence North 00
degrees 26 minutes 35 seconds |
East, being an assumed bearing on the West line
of the East |
Half of the Northwest Quarter of said Section Thirty-Three, |
a
distance of 1273.66 feet; thence South 89 degrees 33 |
minutes 25 seconds East,
perpendicular to the last |
described West line, a distance of 13.11 feet to the
point |
of beginning; thence continuing South 89 degrees 33 minutes |
25 seconds
East, on said perpendicular line, a distance of |
56.89 feet; thence South 00
degrees 26 minutes 35 seconds |
West, on a line 70.0 feet East of and parallel
with the |
West line of the East Half of the Northwest Quarter of said |
Section
Thirty-Three, a distance of 939.0 feet; thence |
South 89 degrees 33 minutes 25
seconds East, perpendicular |
to the last described West line, a distance of 10.0
feet; |
thence South 00 degrees 26 minutes 35 seconds West, on a |
line 80.0 feet
East of and parallel with the West line of |
the East Half of the Northwest
Quarter of said Section |
Thirty-Three, a distance of 313.12 feet; thence North
89
|
degrees 33 minutes 25 seconds West, a distance of 13.27 |
feet to a point of
curve; thence Northwesterly 71.99 feet |
on the arc of a curve, concave to the
Northeast, having a |
radius of 45.87 feet with a chord bearing of North 44
|
degrees 35 minutes 51 seconds West and a chord distance of |
64.82 feet; thence
North 00 degrees 21 minutes 44 seconds |
East, a distance of 310.0 feet; thence
North 1 degree 18 |
minutes 37 seconds West, a distance of 238.87 feet; thence
|
North 00 degrees 26 minutes 07 seconds East, a distance of |
383.83 feet; thence
North 00 degrees 27 minutes 07 seconds |
East, a distance of 273.74 feet to the
point beginning, all |
in Cook County, Illinois.
|
Parcel 2:
|
That part of the East Half of the Northwest Quarter of |
Section Thirty-Three,
Township Forty-One North, Range |
Nine, East of the Third Principal Meridian,
bounded and |
|
described as follows: Commencing at the Northwest corner of |
the
East
Half of the Northwest Quarter of said Section |
Thirty-Three; thence North 89
degrees 23 minutes 39 seconds |
East, being an assumed bearing on the North line
of the |
East Half of the Northwest Quarter of said Section |
Thirty-Three, a
distance of 70.0 feet to the point of |
beginning; thence South 00 degrees 26
minutes 35 seconds |
West, on a line 70.0 feet East of and parallel with the |
West
line of the East Half of the Northwest Quarter of said |
Section Thirty-Three, a
distance of 1392.84 feet; thence |
North 89 degrees 33 minutes 25 seconds West,
perpendicular |
to the last described West line, a distance of 56.89 feet; |
thence
North 00 degrees 27 minutes 07 seconds East, a |
distance of 9.53 feet; thence
North 00 degrees 10 minutes |
41 seconds East, a distance of 216.59 feet; thence
North 00 |
degrees 51 minutes 33 seconds East, a distance of 154.56 |
feet; thence
North 00 degrees 24 minutes 25 seconds East, a |
distance of 260.39 feet; thence
North 00 degrees 21 minutes |
48 seconds East, a distance of 144.80 feet; thence
North 00 |
degrees 04 minutes 10 seconds West, a distance of 21.74 |
feet; thence
North 00 degrees 41 minutes 33 seconds East, a |
distance of 50.42 feet; thence
North 00 degrees 03 minutes |
26 seconds East, a distance of 44.54 feet; thence
North 00 |
degrees 51 minutes 20 seconds East, a distance of 84.53 |
feet; thence
North 1 degree 41 minutes 45 seconds East, a |
distance of 291.25 feet; thence
North 00 degrees 56 minutes |
03 seconds East, a distance of 113.65 feet to the
North |
line of the East Half of the Northwest Quarter of said |
Section
Thirty-Three; thence North 89 degrees 23 minutes 39 |
seconds East, on the last
described
North line, a distance |
of 49.47 feet to the point of beginning, excepting
|
therefrom that part falling within the 100.0 foot wide |
right-of-way of the
Chicago, Milwaukee, St. Paul and |
Pacific Railroad, all in Cook County,
Illinois.
|
(the "Temporary Construction Easement Parcels") for the |
|
construction and
installation of an asphalt, |
bicycle/multi-purpose path and the restoration of
all |
areas affected and disturbed by said construction as soon |
as reasonably
practical and weather permitting, but in all |
events all such work shall be
completed within 364 days |
after said easement is granted by court order or
decree.
|
(Source: P.A. 92-831, eff. 8-22-02.)
|
(was 735 ILCS 5/7-103.100)
|
Sec. 25-7-103.100
7-103.100 . Quick-take; Illinois |
Department of Natural Resources.
|
(a) Quick-take proceedings under Article 20
Section 7-103
|
may be used for a period of 24
months after the
effective date |
of this amendatory Act of the 92nd General Assembly by the
|
Illinois
Department of Natural
Resources for the acquisition of |
the following described
property for the purpose of flood |
control:
|
NINE (9) TRACTS OF LAND, HEREINAFTER DESCRIBED AS PARCELS, |
BEING ONE PARCEL
FOR FEE SIMPLE TITLE AND EIGHT (8) PARCELS |
FOR PERMANENT EASEMENTS, ALL BEING
LOCATED IN SECTIONS 28 |
AND 29, T17N-R8W OF THE 3RD PRINCIPAL MERIDIAN AND ALL
|
BEING DESCRIBED AS FOLLOWS:
|
PARCEL A (FEE SIMPLE TITLE)
|
COMMENCING AT AN EXISTING STONE BEING THE NORTHEAST CORNER |
OF
SECTION 29, T17N-R8W OF THE 3RD PRINCIPAL MERIDIAN; |
THENCE,
S00°17'58"E BEING THE EAST LINE OF SAID SECTION 29, |
A DISTANCE OF
2456.35 FEET TO A PK NAIL DRIVEN IN THE |
PAVEMENT; THENCE, N89°48'00"E
A DISTANCE OF 32.99 FEET TO |
THE INTERSECTION WITH A CONCRETE
HIGHWAY R.O.W. MONUMENT |
(DAMAGED) LYING ON THE EASTERLY
R.O.W. LINE OF 3 MILE LANE |
TO BE HEREINAFTER KNOWN AS THE POINT
OF BEGINNING OF PARCEL |
A; THENCE, S51°22'44"E A DISTANCE OF 33.50
FEET TO AN IRON |
PIN; THENCE, N89°04'24"E A DISTANCE OF 1025.09 FEET TO
AN |
IRON PIN; THENCE, S87°13'56"E A DISTANCE OF 306.24 FEET TO |
AN IRON
PIN; THENCE, S79°29'07"E A DISTANCE OF 311.29 FEET |
TO AN IRON PIN
LYING ON THE INTERSECTION WITH THE NORTHERLY |
|
R.O.W. LINE OF IL.
RTE. 125; THENCE, N81°59'11"W ALONG THE |
NORTHERLY R.O.W. LINE OF IL.
RTE. 125 A DISTANCE OF 243.13 |
FEET TO AN IRON PIN; THENCE, S89°48'00"W
ALONG SAID |
NORTHERLY R.O.W. LINE OF IL. RTE. 125 A DISTANCE OF
1396.06 |
FEET TO AN IRON PIN; THENCE, N29°15'08"W ALONG THE
|
NORTHERLY R.O.W. LINE OF IL. RTE. 125 A DISTANCE OF 53.76 |
FEET TO THE
POINT OF BEGINNING, SAID PARCEL A
CONTAINING |
1.046 ACRES, MORE OR LESS; ALSO
|
PARCEL B (PERMANENT EASEMENT)
|
COMMENCING AT AN EXISTING STONE BEING THE NORTHEAST CORNER |
OF
SECTION 29, T17N-R8W OF THE 3RD PRINCIPAL MERIDIAN; |
THENCE,
S00°17'58"E BEING THE EAST LINE OF SAID SECTION 29, |
A DISTANCE OF
2456.35 FEET TO A PK NAIL DRIVEN IN THE |
PAVEMENT; THENCE, N89°48'00"E
A DISTANCE OF 32.99 FEET TO |
THE INTERSECTION WITH A CONCRETE
HIGHWAY R.O.W. MONUMENT |
(DAMAGED) LYING ON THE EASTERLY
R.O.W. LINE OF 3 MILE LANE |
TO BE HEREINAFTER KNOWN AS THE POINT
OF BEGINNING OF PARCEL |
B; THENCE, S51°22'44"E A DISTANCE OF 33.50
FEET TO AN IRON |
PIN; THENCE, N89°04'24"E A DISTANCE OF 112.73 FEET TO
AN |
IRON PIN; THENCE, N44°49'15"E A DISTANCE OF 343.99 FEET TO |
AN IRON
PIN; THENCE N17°37'15"W A DISTANCE OF 223.84 FEET |
TO AN IRON PIN;
THENCE, S47°06'00"W A DISTANCE OF 428.80 |
FEET TO AN IRON PIN LOCATED
AT THE INTERSECTION WITH THE |
EASTERLY R.O.W. LINE OF 3 MILE LANE;
THENCE, S00°12'00"E |
ALONG THE EASTERLY R.O.W. LINE OF 3 MILE LANE A
DISTANCE OF |
146.36 FEET TO THE POINT OF BEGINNING, SAID PARCEL B
|
CONTAINING 2.108 ACRES, MORE OR LESS; ALSO
|
PARCEL C (PERMANENT EASEMENT)
|
COMMENCING AT AN EXISTING STONE BEING THE NORTHEAST
CORNER |
OF SECTION 29, T17N-R8W OF THE 3RD PRINCIPAL
MERIDIAN; |
THENCE, S00°17'58"E BEING THE EAST LINE OF SAID
SECTION 29, |
A DISTANCE OF 2456.35 FEET TO A PK NAIL DRIVEN
IN THE |
PAVEMENT; THENCE S89°48'00"W A DISTANCE OF 27.01
FEET TO |
THE INTERSECTION WITH A CONCRETE HIGHWAY
R.O.W. MONUMENT |
LYING ON THE WESTERLY R.O.W. LINE OF 3
MILE LANE TO BE |
HEREINAFTER KNOWN AS THE POINT OF
BEGINNING FOR PARCEL C; |
|
THENCE, N00°12'00"W ALONG THE
WESTERLY R.O.W. LINE OF 3 |
MILE LANE A DISTANCE OF 16.25
FEET TO AN IRON PIN; THENCE, |
N46°47'54"W A DISTANCE OF
84.98 FEET
TO AN IRON PIN; |
THENCE, S47°52'31"W A DISTANCE OF 73.09
FEET TO AN IRON |
PIN; THENCE, S29°59'17"E A DISTANCE OF 72.48
FEET TO THE |
INTERSECTION WITH AN IRON PIN ON THE
NORTHERLY R.O.W. LINE |
OF IL. RTE. 125; THENCE, N64°57'00"E
ALONG THE NORTHERLY |
R.O.W. LINE OF IL. RTE. 125 A
DISTANCE OF 88.29 FEET TO THE |
POINT OF BEGINNING, SAID
PARCEL C CONTAINING 0.166 ACRES, |
MORE OR LESS; ALSO
|
PARCEL D (PERMANENT EASEMENT)
|
COMMENCING AT AN EXISTING STONE BEING THE NORTHEAST
CORNER |
OF SECTION 29, T17N-R8W OF THE 3RD PRINCIPAL
MERIDIAN; |
THENCE, S00°17'58"E ALONG THE EAST LINE OF
SECTION 29 A |
DISTANCE OF 2633.53 FEET TO A PK NAIL DRIVEN
INTO THE |
PAVEMENT BEING AN INTERSECTION WITH THE
SOUTH R.O.W. LINE, |
AS EXTENDED, OF IL. RTE. 125; THENCE,
S89°48'00"W ALONG THE |
SOUTH R.O.W. LINE OF SAID IL. RTE. 125
A DISTANCE OF 107.69 |
FEET TO AN IRON PIN TO BE
HEREINAFTER KNOWN AS THE EASTERLY |
PERMANENT
EASEMENT LINE AND THE POINT OF BEGINNING FOR |
PARCEL D;
THENCE S89°48'00"W ALONG THE SOUTH R.O.W. LINE OF |
IL. RTE.
125 A DISTANCE OF 81.06 FEET TO A POINT LOCATED AT |
THE
INTERSECTION WITH THE CENTERLINE OF AN EXISTING DITCH;
|
THENCE, S55°58'52"W ALONG THE CENTERLINE OF THE DITCH A
|
DISTANCE OF 209.47 FEET TO A POINT; THENCE, S53°45'52"W
|
ALONG THE CENTERLINE OF THE DITCH A DISTANCE OF 365.47
FEET |
TO A POINT; THENCE, S65°19'43"W ALONG THE
CENTERLINE OF THE |
DITCH A DISTANCE OF 113.11 FEET TO A
POINT; THENCE, |
S30°34'40"W ALONG THE CENTERLINE OF THE
DITCH A DISTANCE OF |
75.27 FEET TO A POINT; THENCE,
S12°53'03"W ALONG THE |
CENTERLINE OF THE DITCH A
DISTANCE OF 116.75 FEET TO A |
POINT; THENCE, S08°04'16"E
ALONG THE CENTERLINE OF THE |
DITCH A DISTANCE OF 168.20
FEET TO A POINT; THENCE, |
S27°51'33"W ALONG THE
CENTERLINE OF THE DITCH A DISTANCE OF |
46.96 FEET TO A
POINT; THENCE, S65°24'06"W ALONG THE |
CENTERLINE OF THE
DITCH A DISTANCE OF 67.97 FEET TO A |
|
POINT; THENCE,
S36°00'49"W ALONG THE CENTERLINE OF THE |
DITCH A
DISTANCE OF 59.69 FEET TO A POINT; THENCE, |
S85°46'17"W
ALONG THE CENTERLINE OF THE DITCH A DISTANCE OF |
69.25
FEET TO A POINT; THENCE, S54°45'52"W ALONG THE
|
CENTERLINE OF THE DITCH A DISTANCE OF 98.13 FEET TO A
|
POINT; THENCE, S87°00'39"W ALONG THE CENTERLINE OF THE
|
DITCH A DISTANCE OF 40.02 FEET TO A POINT; THENCE,
|
S28°51'55"W ALONG THE CENTERLINE OF THE DITCH A
DISTANCE OF |
21.60 FEET TO A POINT ALSO BEING THE
INTERSECTION WITH THE |
NORTHERLY R.O.W. LINE OF
FREMONT STREET; THENCE, |
S73°36'39"E ALONG THE
NORTHERLY R.O.W. LINE OF FREMONT |
STREET A DISTANCE OF
66.26 FEET TO AN IRON PIN, ALSO BEING |
THE INTERSECTION
WITH THE EASTERLY EASEMENT LINE; THENCE, |
N69°11'51"E
ALONG THE EASTERLY EASEMENT LINE A DISTANCE OF |
259.39
FEET TO AN IRON PIN ; THENCE, N29°51'00"E ALONG THE
|
EASTERLY EASEMENT LINE A DISTANCE OF 206.51 FEET TO AN
IRON |
PIN; THENCE, N13°03'29"W ALONG THE EASTERLY
EASEMENT LINE A |
DISTANCE OF 222.40 FEET TO AN IRON PIN;
THENCE, N54°58'36"E |
ALONG THE EASTERLY EASEMENT LINE A
DISTANCE OF 797.16 FEET |
TO THE POINT OF BEGINNING, SAID
PARCEL D CONTAINING 1.878 |
ACRES, MORE OR LESS; ALSO
|
PARCEL E (PERMANENT EASEMENT)
|
COMMENCING AT A PK NAIL DRIVEN INTO THE PAVEMENT
BEING AN |
INTERSECTION WITH THE SOUTH R.O.W. LINE OF SAID
IL. RTE. |
125, AS EXTENDED, AS PREVIOUSLY DESCRIBED IN
PARCEL D; |
THENCE, S89°48'00"W ALONG THE SOUTH R.O.W. LINE
OF IL. RTE. |
125 A DISTANCE OF 280.19 FEET TO AN IRON PIN
ALSO BEING THE |
INTERSECTION WITH THE WESTERLY
EASEMENT LINE TO BE |
HEREINAFTER KNOWN AS THE POINT OF
BEGINNING FOR PARCEL E; |
THENCE, S61°41'32"W ALONG THE
WESTERLY EASEMENT LINE A |
DISTANCE OF 544.25 FEET TO AN
IRON PIN; THENCE, S27°23'57"W |
ALONG THE WESTERLY
EASEMENT LINE A DISTANCE OF 309.17 FEET |
TO AN IRON PIN;
THENCE, S10°40'01"E ALONG THE WESTERLY |
EASEMENT LINE A
DISTANCE OF 197.30 FEET TO AN IRON PIN; |
THENCE, S56°43'56"W
ALONG THE WESTERLY EASEMENT LINE A |
DISTANCE OF 78.07
FEET TO AN IRON PIN; THENCE, N59°23'46"W |
|
ALONG THE
WESTERLY EASEMENT LINE A DISTANCE OF 124.54 FEET |
TO AN
IRON PIN; THENCE, S38°40'25"W ALONG THE WESTERLY
|
EASEMENT LINE A DISTANCE OF 253.15 FEET TO AN IRON PIN
|
LOCATED AT THE NORTHERLY R.O.W. LINE OF FREMONT
STREET; |
THENCE, S73°36'39"E ALONG THE NORTHERLY R.O.W.
LINE OF |
FREMONT STREET A DISTANCE OF 79.92 FEET TO A
POINT LOCATED |
AT THE INTERSECTION WITH THE CENTERLINE
OF AN EXISTING |
DITCH; THENCE, N28°51'55"E ALONG THE
CENTERLINE OF THE |
DITCH A DISTANCE OF 21.60 FEET TO A
POINT; THENCE, |
N87°00'39"E ALONG THE CENTERLINE OF THE
DITCH A DISTANCE OF |
40.02 FEET TO A POINT; THENCE,
N54°45'52"E ALONG THE |
CENTERLINE OF THE DITCH A
DISTANCE OF 98.13 FEET TO A |
POINT; THENCE, N85°46'17"E
ALONG THE CENTERLINE OF THE |
DITCH A DISTANCE OF 69.25
FEET TO A POINT; THENCE, |
N36°00'49"E ALONG THE
CENTERLINE OF THE DITCH A DISTANCE OF |
59.69 FEET TO A
POINT; THENCE, N65°24'06"E ALONG THE |
CENTERLINE OF THE
DITCH A DISTANCE OF 67.97 FEET TO A |
POINT; THENCE,
N27°51'33"E ALONG THE CENTERLINE OF THE |
DITCH A
DISTANCE OF 46.96 FEET TO A POINT; THENCE, |
N08°04'16"W
ALONG THE CENTERLINE OF THE DITCH A DISTANCE OF |
168.20
FEET TO A POINT; THENCE, N12°53'03"E ALONG THE
|
CENTERLINE OF THE DITCH A DISTANCE OF 116.75 FEET TO A
|
POINT; THENCE, N30°34'40"E ALONG THE CENTERLINE OF THE
|
DITCH A DISTANCE OF 75.27 FEET TO A POINT; THENCE,
|
N65°19'43"E ALONG THE CENTERLINE OF THE DITCH A
DISTANCE OF |
113.11 FEET TO A POINT; THENCE, N53°45'52"E
ALONG THE |
CENTERLINE OF THE DITCH A DISTANCE OF 365.47
FEET TO A |
POINT; THENCE, N55°58'52"E ALONG THE
CENTERLINE OF THE |
DITCH A DISTANCE OF 209.47 FEET TO A
POINT LOCATED AT THE |
INTERSECTION WITH THE SOUTH
R.O.W. LINE OF IL. RTE. 125; |
THENCE, S89°48'00"W ALONG SAID
SOUTH R.O.W. LINE OF IL. |
RTE. 125 A DISTANCE OF 91.44 FEET TO
THE POINT OF |
BEGINNING, SAID PARCEL E CONTAINING
2.628 ACRES, MORE OR |
LESS; ALSO
|
PARCEL F (PERMANENT EASEMENT)
|
COMMENCING AT AN IRON PIN BEING THE INTERSECTION OF
THE |
|
NORTH R.O.W. LINE OF FREMONT STREET AND THE WEST
EASEMENT |
LINE, AS PREVIOUSLY DESCRIBED IN PARCEL E;
THENCE |
S15°35'22"W ACROSS SAID FREMONT STREET A
DISTANCE OF 60.01 |
FEET TO AN IRON PIN BEING THE
INTERSECTION OF THE WESTERLY |
PERMANENT EASEMENT
LINE AND THE SOUTHERLY R.O.W. LINE OF |
FREMONT STREET
TO BE HEREINAFTER KNOWN AS THE POINT OF |
BEGINNING OF
PARCEL F; THENCE, S19°32'27"W ALONG THE |
EASEMENT LINE A
DISTANCE OF 316.50 FEET TO AN IRON PIN; |
THENCE, S13°42'05"W
ALONG THE EASEMENT LINE A DISTANCE OF |
424.35 FEET TO AN
IRON PIN; THENCE, S12°12'06"W ALONG THE |
EASEMENT LINE A
DISTANCE OF 53.67 FEET TO AN IRON PIN; |
THENCE, S06°54'45"E
ALONG THE EASEMENT LINE A DISTANCE OF |
270.76 FEET TO AN
IRON PIN; THENCE, S29°05'13"E ALONG THE |
EASEMENT LINE A
DISTANCE OF 140.63 FEET TO AN IRON PIN; |
THENCE, S44°58'33"W
ALONG THE EASEMENT LINE A DISTANCE OF |
268.58 FEET TO AN
IRON PIN; THENCE, S05°01'56"E ALONG THE |
EASEMENT LINE A
DISTANCE OF 228.73 FEET TO AN IRON PIN; |
THENCE, S65°36'08"W
ALONG THE EASEMENT LINE A DISTANCE OF |
79.03 FEET TO AN
IRON PIN; THENCE, S01°45'38"W ALONG THE |
EASEMENT LINE A
DISTANCE OF 67.29 FEET TO AN IRON PIN |
LOCATED AT THE
INTERSECTION WITH THE NORTH R.O.W. LINE OF |
CEMETERY
ROAD; THENCE, S89°54'53"E ALONG THE NORTHERLY |
R.O.W.
LINE A DISTANCE OF 153.89 FEET TO AN IRON PIN; |
THENCE,
N11°39'38"E ALONG THE EASTERLY EASEMENT LINE A
|
DISTANCE OF 391.73 FEET TO AN IRON PIN; THENCE, N44°53'07"E
|
ALONG THE EASEMENT LINE A DISTANCE OF 130.86 FEET TO AN
|
IRON PIN; THENCE, N00°00'11"E A DISTANCE OF 131.73 FEET TO
|
AN EXISTING REINFORCEMENT BAR; THENCE, N00°00'11"E A
|
DISTANCE OF 148.55 FEET TO AN IRON PIN; THENCE, N08°44'27"W
|
ALONG THE EASEMENT LINE A DISTANCE OF 266.45 FEET TO AN
|
IRON PIN; THENCE, N08°13'22"E ALONG THE EASEMENT LINE A
|
DISTANCE OF 305.08 FEET TO AN IRON PIN; THENCE, N24°29'54"E
|
ALONG THE EASEMENT LINE A DISTANCE OF 202.57 FEET TO AN
|
IRON PIN; THENCE, S73°35'10"E ALONG THE EASEMENT LINE A
|
DISTANCE OF 158.04 FEET TO AN IRON PIN; THENCE, N20°27'57"E
|
ALONG THE EASEMENT LINE A DISTANCE OF 58.70 FEET TO AN
IRON |
|
PIN; THENCE, N65°18'27"W ALONG THE EASEMENT LINE A
DISTANCE |
OF 138.22 FEET TO AN IRON PIN; THENCE, N19°41'58"E
ALONG |
THE EASEMENT LINE A DISTANCE OF 66.62 FEET TO AN
IRON PIN |
BEING THE INTERSECTION WITH THE SOUTHERLY
R.O.W. LINE OF |
FREMONT STREET; THENCE, N73°36'39"W ALONG
THE SOUTHERLY |
R.O.W. LINE OF FREMONT STREET A DISTANCE
OF 126.11 FEET TO |
THE POINT OF BEGINNING, SAID PARCEL F
CONTAINING 5.060 |
ACRES, MORE OR LESS; ALSO
|
PARCEL G (PERMANENT EASEMENT)
|
COMMENCING AT AN EXISTING REINFORCEMENT BAR
LOCATED AT |
S00°00'11'W A DISTANCE OF 30.00 FEET FROM THE
SOUTHWEST |
CORNER OF LOT 4 IN BLOCK 3 OF THE NORTHWEST
ADDITION TO THE |
VILLAGE OF ASHLAND; THENCE, N89°59'49"W
A DISTANCE OF |
331.32 FEET TO AN EXISTING REINFORCEMENT
BAR; THENCE, |
N00°00'11"E A DISTANCE OF 157.00 FEET TO AN
EXISTING |
REINFORCEMENT BAR TO BE HEREINAFTER KNOWN
AS THE POINT OF |
BEGINNING OF PARCEL G; THENCE, S89°59'49"E
A DISTANCE OF |
29.56 FEET TO AN IRON PIN AT THE
INTERSECTION WITH THE |
EASEMENT LINE; THENCE,
N13°10'52"W ALONG THE EASEMENT LINE |
A DISTANCE OF 85.69
FEET TO AN IRON PIN; THENCE, |
N08°44'27"W ALONG THE
EASEMENT LINE A DISTANCE OF 65.89 |
FEET TO AN IRON PIN;
THENCE, S00°00'11"W A DISTANCE OF |
148.55 FEET TO THE POINT
OF BEGINNING, SAID PARCEL G |
CONTAINING 0.045 ACRES,
MORE OR LESS; ALSO
|
PARCEL H (PERMANENT EASEMENT)
|
COMMENCING AT AN EXISTING REINFORCEMENT BAR
LOCATED AT |
S00°00'11"W A DISTANCE OF 30.00 FEET FROM THE
SOUTHWEST |
CORNER OF LOT 4 IN BLOCK 3 OF THE NORTHWEST
ADDITION TO THE |
VILLAGE OF ASHLAND; THENCE, N89°59'49"W
A DISTANCE OF |
331.32 FEET TO AN EXISTING REINFORCEMENT
BAR; THENCE, |
N00°00'11"E A DISTANCE OF 157.00 FEET TO AN
EXISTING |
REINFORCEMENT BAR TO BE HEREINAFTER KNOWN
AS THE POINT OF |
BEGINNING OF PARCEL H; THENCE, S89°59'49"E
A DISTANCE OF |
29.56 FEET TO AN IRON PIN BEING THE
INTERSECTION OF THE |
EASEMENT LINE; THENCE, S12°39'02"W
ALONG THE EASEMENT LINE |
A DISTANCE OF 135.01 FEET TO AN
IRON PIN; THENCE, |
|
N00°00'11"E A DISTANCE OF 131.73 FEET TO
THE POINT OF |
BEGINNING, SAID PARCEL H CONTAINING 0.045
ACRES, MORE OR |
LESS; ALSO
|
PARCEL I (PERMANENT EASEMENT)
|
COMMENCING AT AN EXISTING IRON PIN DESCRIBED ABOVE IN
|
PARCEL F BEING THE INTERSECTION OF THE NORTH R.O.W. LINE
OF |
CEMETERY ROAD WITH THE WESTERLY EASEMENT LINE;
THENCE, |
S18°00'15"E ACROSS CEMETERY ROAD A DISTANCE OF
63.12 FEET |
TO AN IRON PIN LOCATED AT THE INTERSECTION
WITH THE SOUTH |
R.O.W.
LINE OF CEMETERY ROAD, TO BE HEREINAFTER KNOWN AS |
THE
POINT OF BEGINNING OF PARCEL I; THENCE, S38°53'00"W |
ALONG THE
EASEMENT LINE A DISTANCE OF 78.50 FEET TO AN IRON |
PIN; THENCE,
S71°07'03"E ALONG THE EASEMENT LINE A DISTANCE |
OF 98.61 FEET TO AN
IRON PIN; THENCE, N30°48'26"E ALONG THE |
EASEMENT LINE A DISTANCE
OF 108.13 FEET TO AN IRON PIN |
LOCATED AT THE INTERSECTION WITH THE
SOUTH R.O.W. LINE OF |
CEMETERY ROAD; THENCE, N89°54'52"W ALONG THE
SOUTH R.O.W. |
LINE OF CEMETERY ROAD A DISTANCE OF 99.40 FEET TO THE
POINT |
OF BEGINNING OF PARCEL I, SAID PARCEL CONTAINING 0.190 |
ACRES,
MORE OR LESS.
|
(Source: P.A. 92-831, eff. 8-22-02.)
|
(was 735 ILCS 5/7-103.101)
|
Sec. 25-7-103.101
7-103.101 . Quick-take; County of Monroe. |
Quick-take
proceedings under Article 20
Section 7-103 may be |
used for a period of 12 months after the
effective date of this |
amendatory Act of the 92nd General Assembly, by the
County of |
Monroe, to acquire right-of-way for the proposed Rogers Street
|
Extension project as follows:
|
A part of Tax lots 3-A and 3-B of U.S. Survey 720, Claim |
516, in Township 2
South, Range 9 West of the 3rd Principal |
Meridian, Monroe County, Illinois, as
shown at page 122 of |
the Surveyor's Official Plat Record "A" in the Recorder's
|
office of Monroe County, Illinois, and being more |
particularly described as
follows, to wit:
|
BEGINNING at the Southwest corner of Tax Lot 7 of U.S. |
|
Survey 641, Claim
1645, Township 2 South, Range 9 West of |
the 3rd Principal Meridian, Monroe
County, Illinois, as |
shown at page 115 of the Surveyor's Official Plat Record
|
"A" in the Recorder's office of Monroe County, Illinois; |
thence South 89
degrees 41 minutes 50 seconds East, an |
assumed bearing along the South line of
U.S. Survey 641, |
Claim 1645 (said line also being the North line of U.S. |
Survey
720, Claim 516),
a distance of 80.00 feet to a |
point; thence South 00 degrees 10 minutes 08
seconds West, |
a distance of 72.49 feet to a point; thence South 00 |
degrees 49
minutes 52 seconds East, a distance of 103.44 |
feet to a point; thence North 89
degrees 10 minutes 08 |
seconds East, a distance of 10.00 feet to a point; thence
|
South 00 degrees 49 minutes 52 seconds East, a distance of |
140.00 feet to a
point; thence North 89 degrees 10 minutes |
08 seconds East, a distance of 10.00
feet to a point; |
thence South 00 degrees 49 minutes 52 seconds East, a |
distance
of 40.00 feet to a point; thence South 89 degrees |
10 minutes 08 seconds West, a
distance of 10.00 feet to a |
point; thence South 00 degrees 49 minutes 52 seconds
East, |
a distance of 120.00 feet to a point; thence North 89 |
degrees 10 minutes
08 seconds East, a distance of 5.00 feet |
to a point; thence South 00 degrees 49
minutes 52 seconds |
East, a distance of 25.00 feet to a point; thence North 89
|
degrees 10 minutes 08 seconds East, a distance of 10.00 |
feet to a point; thence
South 00 degrees 49 minutes 52 |
seconds East, a distance of 40.00 feet to a
point; thence |
South 89 degrees 10 minutes 08 seconds West, a distance of |
10.00
feet to a point; thence South 00 degrees 49 minutes |
52 seconds East, a distance
of 85.00 feet to a point; |
thence South 89 degrees 10 minutes 08 seconds West, a
|
distance of 5.00 feet to a point; thence South 00 degrees |
49 minutes 52 seconds
East, a distance of 700.00 feet to a |
point; thence South 89 degrees 10 minutes
08 seconds West, |
a distance of 10.00 feet to a point; thence South 00 |
degrees 49
minutes 52 seconds East, a distance of 228.94 |
|
feet to a point; thence
Southeasterly, along a curve to the |
left having a radius of 19,097.61 feet, a
delta of 01 |
degrees 29 minutes 50 seconds, an arc length of 499.06 |
feet, and a
chord which bears South 01 degrees 34 minutes |
48 seconds East, a chord distance
of 499.05 feet to a |
point; thence South 02 degrees 19 minutes 43 seconds East, |
a
distance of 60.17 feet to a point; thence South 18 |
degrees 45 minutes 15 seconds
East, a distance of 58.28 |
feet to a point on the Northerly right-of-way line of
|
Hamacher Street (45.00 feet left of station 15+80.12) as |
shown on the PLAT OF
RIGHT-OF-WAY for Hamacher Street, City |
of Waterloo, in Envelope 195-B in the
Recorder's office of |
Monroe County, Illinois; thence Southwesterly along said
|
Northerly right-of-way line of Hamacher Street along a |
curve to the right having
a radius of 3072.40 feet, a delta |
of 02 degrees 00 minutes 54 seconds, an arc
length of |
108.05 feet, and a chord which bears South 77 degrees 54 |
minutes 14
seconds West, a chord distance of 108.05 feet to |
a point (45.00 feet left of
station 14+70.48); thence |
leaving said Northerly right-of-way line of Hamacher
|
Street, North 02 degrees 19 minutes 43 seconds West, a |
distance of 134.41 feet
to a point; thence Northwesterly, |
along a curve to the right having a radius of
19,187.61 |
feet, a delta of 01 degrees 29 minutes 50 seconds, an arc |
length of
501.41 feet, and a chord which bears North 01 |
degrees 34 minutes 48 seconds
West, a chord distance of |
501.40 feet to a point; thence North 00 degrees 49
minutes |
52 seconds West, a distance of 978.94 feet to a point; |
thence South 89
degrees 10 minutes 08 seconds West, a |
distance of 10.00 feet to a point; thence
North 00 degrees |
49 minutes 52 seconds West, a distance of 40.00 feet to a
|
point; thence North 89 degrees 10 minutes 08 seconds East, |
a distance of 10.00
feet to a point; thence North 00 |
degrees 49 minutes 52 seconds West, a distance
of 190.00 |
feet to a point; thence South 89 degrees 10 minutes 08 |
seconds West,
a
distance of 10.00 feet to a point; thence |
|
North 00 degrees 49 minutes 52
seconds
West, a distance of |
40.00 feet to a point; thence North 89 degrees 10 minutes
|
08
seconds East, a distance of 10.00 feet to a point; |
thence North 00 degrees 49
minutes 52 seconds West, a |
distance of 30.00 feet to a point; thence North 89
degrees |
10 minutes 08 seconds East, a distance of 10.00 feet to a |
point; thence
North 00 degrees 49 minutes 52 seconds West, |
a distance of 204.14 feet to a
point; thence North 00 |
degrees 10 minutes 08 seconds East, a distance of 73.37
|
feet to the POINT OF BEGINNING, containing 208,032 square |
feet more or less, or
4.776 acres, more or less.
|
(Source: P.A. 92-831, eff. 8-22-02.)
|
(was 735 ILCS 5/7-103.102) |
Sec. 25-7-103.102
7-103.102 . Quick-take; Lake County.
|
Quick-take proceedings under Article 20
Section 7-103 may be |
used
for a period of 2 years
after the effective date of this |
amendatory Act of the 93rd General Assembly
by Lake County
for |
the acquisition of property necessary
for the purpose of |
improving County Highway 31 (Rollins Road) from Illinois
Route |
83 to U.S. Route 45.
|
(Source: P.A. 93-646, eff. 12-31-03.)
|
(was 735 ILCS 5/7-103.103) |
Sec. 25-7-103.103
7-103.103 . Quick-take; Lake County.
|
Quick-take proceedings under Article 20
Section 7-103 may be |
used
for a period of 2 years
after the effective date of this |
amendatory Act of the 93rd General Assembly
by Lake County
for |
the acquisition of property necessary
for the purpose of |
improving County Highway 45 (Washington Street) from
Illinois
|
Route 83 to U.S. Route 45.
|
(Source: P.A. 93-646, eff. 12-31-03.)
|
(was 735 ILCS 5/7-103.104) |
Sec. 25-7-103.104
7-103.104 . Quick-take; County of La |
Salle.
Quick-take proceedings under Article 20
Section 7-103
|
|
may be used
for a period of 12 months
after the effective date |
of this amendatory Act of the 93rd General Assembly
by the |
County of La Salle for highway purposes
for the acquisition of |
property described as follows:
|
County Highway 3 (F.A.S. Route 259) over the Fox River
|
north of the Village of Sheridan, Illinois, BEGINNING at |
Station -(3+00) on
County Highway 3 south of the intersection |
of Bushnell Street, according to the
"Right-of-Way Plans for |
proposed Federal Aid Highway, F.A.S. Route 259 (C.H.
3), |
Section 98-00545-00-BR, La Salle County," and extending |
3,696.07 feet
northerly along the survey centerline for said |
route to Station 33+96.07 at the
intersection of County Highway |
3 and North 42nd Road; AND BEGINNING at Station
497+00 on the |
survey centerline of North 42nd Road and extending 500.00 feet
|
easterly along said centerline to Station 502+00; the net |
length for land
acquisition and authorization being 4,196.07 |
feet (0.795 miles) all located in
Section 5, Township 35 North, |
Range 5 East of the Third Principal Meridian,
La Salle County, |
Illinois.
|
(Source: P.A. 93-646, eff. 12-31-03.)
|
(was 735 ILCS 5/7-103.105) |
Sec. 25-7-103.105
7-103.105 . Quick-take; Village of |
Buffalo Grove. Quick-take
proceedings under Article 20
Section |
7-103 may be used for a period of 2 years after the
effective |
date of this amendatory Act of the 93rd General Assembly by the
|
Village of Buffalo Grove for the acquisition of the following |
described
property
necessary for the purpose of improving the |
intersection of Port Clinton Road
and
Prairie Road:
|
OUTLOT "A" OF EDWARD SCHWARTZ'S INDIAN CREEK OF BUFFALO GROVE, |
BEING A
SUBDIVISION OF PART OF THE NORTHWEST 1/4 OF SECTION 16, |
TOWNSHIP 43 NORTH,
RANGE
11, EAST OF THE THIRD PRINCIPAL |
MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED
JANUARY 7, |
1994, AS DOCUMENT 3467875, IN LAKE COUNTY, ILLINOIS.
|
|
And,
|
THAT PART OF LOT 30, OF SCHOOL TRUSTEES SUBDIVISION, ALSO KNOWN |
AS THE
NORTHWEST
1/4 OF THE SOUTHEAST 1/4 OF SECTION 16, |
TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE
THIRD PRINCIPAL |
MERIDIAN BOUNDED AND DESCRIBED AS FOLLOWS; (COMMENCING AT THE
|
NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 16 AS THE |
PLACE OF
BEGINNING OF THIS CONVEYANCE; THENCE NORTH 89 |
DEGREES-44'-35" EAST, ALONG THE
NORTH LINE OF THE SOUTHEAST 1/4 |
AFORESAID, A DISTANCE OF 397.96 FEET; THENCE
SOUTH 0 |
DEGREES-00'-00" EAST, A DISTANCE OF 48.00 FEET; THENCE SOUTH 89
|
DEGREES-44'-35" WEST, ALONG A LINE DRAWN PARALLEL TO AND 48.0 |
FEET SOUTHERLY OF
THE
NORTH LINE OF THE SOUTHEAST 1/4 |
AFORESAID, A DISTANCE OF 325.28 FEET; THENCE
SOUTH 44 |
DEGREES-52'-15" WEST, A DISTANCE OF 39.23 FEET, TO A POINT |
WHICH IS
45.0 FEET EASTERLY OF THE WEST LINE OF THE SOUTHEAST |
1/4 AFORESAID; THENCE
SOUTH
0 DEGREES-00'-00" EAST, ALONG A |
LINE DRAWN PARALLEL TO AND 45.0 FEET EASTERLY
OF
THE WEST LINE |
OF THE SOUTHEAST 1/4 AFORESAID, A DISTANCE OF 269.10 FEET; |
THENCE
SOUTH 89 DEGREES-44'-35" WEST, A DISTANCE OF 45.0 FEET, |
TO THE WEST LINE OF THE
SOUTHEAST 1/4 AFORESAID; THENCE NORTH 0 |
DEGREES-00'-00" EAST, ALONG THE WEST
LINE OF THE SOUTHEAST 1/4 |
AFORESAID, A DISTANCE OF 344.78 FEET, TO THE
NORTHWEST CORNER |
OF THE SAID SOUTHEAST 1/4 AFORESAID, AND THE PLACE OF
BEGINNING
|
OF THIS CONVEYANCE, ALL IN LAKE COUNTY, ILLINOIS.).
|
(Source: P.A. 93-646, eff. 12-31-03.)
|
(was 735 ILCS 5/7-103.107) |
Sec. 25-7-103.107
7-103.107 . Quick-take; Village of |
Clarendon Hills. Quick-take
proceedings
under Article 20
|
Section 7-103 may be used for a period of one year after the |
effective
date of this
amendatory Act of the 93rd General |
Assembly by the Village of Clarendon Hills
for the
acquisition |
of the following described property for a law enforcement |
facility
and related
improvements:
|
ALL OF LOT 8 AND LOT 9 (EXCEPT THE WESTERLY 120 FEET |
|
THEREOF) IN BLOCK
11 IN CLARENDON HILLS, BEING A |
RESUBDIVISION IN THE EAST 1/2 OF SECTION 10 AND
IN THE WEST |
1/2 OF SECTION 11, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE |
THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID |
RESUBDIVISION RECORDED
NOVEMBER 4, 1873 AS DOCUMENT 17060, |
IN DUPAGE COUNTY, ILLINOIS.
|
P.I.N.'S: 09-10-400-002 AND 006.
|
Common Address: 448 Park Avenue, Clarendon Hills, Illinois |
60514.
|
(Source: P.A. 93-646, eff. 12-31-03.)
|
(was 735 ILCS 5/7-103.108) |
Sec. 25-7-103.108
7-103.108 . Quick-take; Governors' |
Parkway Project. Quick-take
proceedings under Article 20
|
Section 7-103 may be used for a period of 24 months after the
|
effective date of this amendatory Act of the 93rd General |
Assembly by Madison
County for the acquisition of property |
necessary for the construction of
Governors' Parkway between |
Illinois Route 159 and Illinois 143.
|
(Source: P.A. 93-646, eff. 12-31-03.)
|
(was 735 ILCS 5/7-103.109) |
Sec. 25-7-103.109
7-103.109 . Quick-take; Forest Park.
|
Quick-take proceedings under Article 20
Section 7-103 may be |
used
for a period of 24 months
after the effective date of this |
amendatory Act of the 93rd General Assembly
by the Village of |
Forest Park
for acquisition of property for public building |
construction purposes:
|
THE WEST 85.00 FEET OF LOTS 34 THRU 48,
INCLUSIVE, IN BLOCK 12; |
THE EAST HALF OF VACATED HANNAH AVENUE LYING WEST OF
AND |
ADJOINING SAID LOTS 34 THRU 48, INCLUSIVE; THE SOUTH 28.00 FEET |
OF THE EAST
HALF OF VACATED HANNAH AVENUE LYING WEST OF AND |
ADJOINING A LINE DRAWN FROM THE
NORTHWEST CORNER OF LOT 48, IN |
BLOCK 12 TO THE SOUTHWEST CORNER OF LOT 25 IN
BLOCK 5; ALSO THE |
SOUTH 28.00 FEET OF VACATED 14TH STREET LYING NORTH OF AND
|
ADJOINING THE WEST 85.00 FEET OF SAID LOT 48 IN BLOCK 12 IN |
|
BRADISH & MIZNER'S
ADDITION TO RIVERSIDE, BEING A SUBDIVISION |
OF THE EAST HALF OF THE NORTHEAST
QUARTER OF SECTION 24, |
TOWNSHIP 39 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL
|
MERIDIAN, IN COOK COUNTY, ILLINOIS.
|
(Source: P.A. 93-646, eff. 12-31-03.)
|
(was 735 ILCS 5/7-103.110) |
Sec. 25-7-103.110
7-103.110 . Quick-take; Urbana-Champaign |
Sanitary District.
Quick-take proceedings under Article 20
|
Section 7-103 may be used
for a period of 24 months after the |
effective date of this amendatory Act
of the 93rd General |
Assembly by the Urbana-Champaign Sanitary District
for the |
acquisition of permanent and temporary easements for the |
purpose of
implementing phase 2 of the Curtis Road - Windsor |
Road sanitary interceptor
sewer project and constructing and |
operating the proposed sewers.
|
(Source: P.A. 93-646, eff. 12-31-03.)
|
(was 735 ILCS 5/7-103.111) |
Sec. 25-7-103.111
7-103.102 .
Quick-take; Village of |
Palatine.
Quick-take proceedings under Article 20
Section |
7-103 may be used for a period of 60
months after the effective |
date of this amendatory Act of the 93rd General
Assembly by the |
Village of Palatine for the acquisition of property for the
|
purposes of the Downtown Tax Increment Redevelopment Project |
Area, bounded
generally by Plum
Grove Road on the East, |
Palatine Road on the South, Cedar Street on the West,
and |
Colfax Street on the North, and the Rand Corridor
Redevelopment |
Project Area, bounded generally by Dundee Road on the South,
|
Lake-Cook Road on the North, and on the East and West by Rand |
Road, in the
Village of Palatine more specifically described in |
the following ordinances
adopted by the Village of Palatine:
|
Village ordinance 0-224-99, adopted December 13, 1999;
|
Village ordinance 0-225-99, adopted December 13, 1999;
|
Village ordinance 0-226-99, adopted December 13, 1999;
|
Village ordinance 0-13-00, adopted January 24, 2000, |
|
correcting certain
scrivener's errors and attached as |
exhibit A to the foregoing legal
descriptions;
|
Village ordinance 0-23-03, adopted January 27, 2003;
|
Village ordinance 0-24-03, adopted January 27, 2003; |
and
|
Village ordinance 0-25-03, adopted January 27, 2003.
|
(Source: P.A. 93-602, eff. 11-18-03; revised 1-13-04.)
|
(was 735 ILCS 5/7-103.112) |
Sec. 25-7-103.112
7-103.102 .
Quick-take; Bi-State |
Development Agency; MetroLink Light
Rail
System. Quick-take |
proceedings under Article 20
Section 7-103 may be used for a |
period
from
September 1, 2003 through September 1, 2004 by the |
Bi-State Development Agency
of the Missouri-Illinois |
Metropolitan District for station area development,
transit |
oriented development and economic development initiatives in |
support of
the MetroLink Light Rail System, beginning in East |
St. Louis, Illinois, and
terminating at MidAmerica Airport, St. |
Clair County, Illinois.
|
(Source: P.A. 93-603, eff. 11-19-03; revised 1-13-04.) |
(was 735 ILCS 5/7-103.113)
|
Sec. 25-7-103.113
7-103.113 . Quick-take; Village of |
Bridgeview. Quick-take proceedings under Article 20
Section |
7-103 may be used for a period of 12 months after the effective |
date of this amendatory Act of the 93rd General Assembly by the |
Village of Bridgeview for the purpose of acquiring property for |
a municipal sports stadium and parking areas, team practice |
facilities, and other related uses as follows: |
Parcel 1:
|
That part of the West half of the Southwest Quarter of Section |
30, Township 38 North, Range 13 East of the Third Principal |
Meridian, described as follows:
|
|
Beginning on the East line of the West half of the Southwest |
quarter with the North line of M.S.A. Bridgeview Court |
Subdivision recorded on June 8, 1988, as Document Number |
88246171, also being the South line of the North 1090 feet of |
the said Southwest quarter of Section 30; thence South 89 |
degrees 49 minutes 10 seconds West along said line 33.00 feet; |
thence North 16 degrees 00 minutes 23 seconds West 70.00 feet; |
thence South 88 degrees 47 minutes 22 seconds West 444.48 feet; |
thence South 47 degrees 23 minutes 28 seconds West 65.00 feet |
to the North line of said M.S.A. Bridgeview Court Subdivision, |
also being the South line of the North 1090 feet of the |
Southwest quarter of Section 30; thence South 89 degrees 49 |
minutes 10 seconds East along said lines to the point of |
beginning,
|
ALSO
|
That part of the West half of the Southwest Quarter of Section |
30, Township 38 North, Range 13 East of the Third Principal |
Meridian, described as follows:
|
Beginning at the intersection of the South line of the North |
1090 feet of said Southwest quarter also being the North line |
of M.S.A. Bridgeview Court and the West line of Harlem Avenue |
as dedicated, being 50 feet East of the West of said Southwest |
quarter; thence North 0 degrees 16 minutes 38 seconds West |
349.88 feet along the said East line of Harlem Avenue to the |
Southwest corner of the land conveyed by Document 0333942009; |
thence North 89 degrees 46 minutes 35 seconds East to the |
Northwest corner of the land conveyed by document 99855126; |
thence South along the West line of the land conveyed by said |
Document 99855126, 350 feet to the South line of the North 1090 |
feet also being the North line of M.S.A. Bridgeview Court; |
thence West along said line to the point of beginning, in Cook |
County, Illinois.
|
|
Parcel 2:
|
Lots 1, 2, 4, 6, 7 and 8, in M.S.A. Bridgeview Court, being a |
Subdivision of part of the West half of the southwest quarter
|
of Section 30, Township 38 North, Range 13 East of the Third |
Principal Meridian, recorded June 7, 1988 as Document 88246171, |
except that part of Lot 1 conveyed by Deed recorded as document |
No. 99016579, except that part of Lot 6 conveyed by Deed |
recorded as Document No. 93589062, except that part of Lot 7 |
conveyed in Deed recorded as Document No. 91540434, and except |
that part of Lot 8 recorded as Document No. 0010326872, in Cook |
County, Illinois.
|
Parcel 3:
|
Easement appurtenant to Parcel 2 for ingress, egress, access, |
parking, deposit and retention of storm water over the common |
areas as described and set forth in Construction, Operation and |
Reciprocal Easement Agreement made by and between Bridgeview |
Associates, the May Department Stores Company, and Midfield, |
Inc., dated July 25, 1988 and recorded July 29, 1988 as |
Document No. 88340706.
|
(Source: P.A. 93-1065, eff. 1-15-05.) |
(was 735 ILCS 5/7-103.114) |
Sec. 25-7-103.114
7-103.114 . Quick-take; City of Ottawa.
|
Quick-take proceedings under Article 20
Section 7-103 may be |
used for a period of 12 months after the effective date of this |
amendatory Act of the 93rd General Assembly by the City of |
Ottawa for the acquisition of property for the purpose of |
immediate eradication of a blighted area resulting from the |
destruction of most improvements because of fire as follows: |
All lots in Block 18 in the Original Town of Ottawa, now |
the City of Ottawa, in LaSalle County, Illinois.
|
(Source: P.A. 93-1065, eff. 1-15-05.) |
|
(was 735 ILCS 5/7-103.115) |
Sec. 25-7-103.115
7-103.115 . Quick-take; City of Ottawa.
|
Quick-take proceedings under Article 20
Section 7-103 may be |
used for a period of 12 months after the effective date of this |
amendatory Act of the 93rd General Assembly by the City of |
Ottawa for the acquisition of property for the purpose of |
installation of public utilities as follows: |
That part of the Southeast Quarter of Section 8, Township |
33 North, Range 4 East of the Third Principal Meridian |
described as follows: |
Commencing at the Northwest corner of the Southeast Quarter |
of said Section 8; thence South 89 degrees 41 minutes 32 |
seconds East 48.60 feet along the North line of the said |
Southeast Quarter to the intersection of said North line |
and the North Right of Way line of the CSX Railroad which |
point is also the Point of Beginning; thence continuing |
South 89 degrees 41 minutes 32 seconds East 1303.50 feet |
along said North line to the Northeast corner of the West |
Half of the Southeast Quarter of said Section 8; thence |
Southeasterly on a 573.75 foot radius curve to the right |
564.56 feet, whose chord bears South 33 degrees 50 minutes |
57 seconds East 542.06 feet to a point on the North Right |
of Way line of the CSX railroad; thence North 74 degrees 06 |
minutes 16 seconds West 1669.24 feet to the Point of |
Beginning containing 6.140 acres more or less and all |
situated in LaSalle County, Illinois.
|
(Source: P.A. 93-1065, eff. 1-15-05.) |
(was 735 ILCS 5/7-103.116) |
Sec. 25-7-103.116
7-103.116 . Quick-take; City of Ottawa.
|
Quick-take proceedings under Article 20
Section 7-103 may be |
used for a period of 12 months after the effective date of this |
amendatory Act of the 93rd General Assembly by the City of |
Ottawa for the acquisition of property for the purpose of |
installing a rail spur as follows: |
|
That Portion of the East Half of the Northeast Quarter of |
Section 8, Township 33 North, Range 4 East of the Third |
Principal Meridian lying South of the public highway |
between Ottawa and Marseilles which crosses the said East |
Half of the Northeast Quarter aforesaid on the northeast |
portion thereof; ALSO that portion of the Southeast Quarter |
of
Section 8, Township 33 North, Range 4 East of the Third |
Principal Meridian lying North of the right of way of the |
Chicago, Rock Island &
Pacific Railroad Company; EXCEPTING |
therefrom that part conveyed to the State of Illinois for |
highway purposes by deed recorded as Document #558356, all |
situated in LaSalle County, Illinois.
|
(Source: P.A. 93-1065, eff. 1-15-05.) |
(was 735 ILCS 5/7-103.117) |
Sec. 25-7-103.117
7-103.117 . Quick-take; City of Oakbrook |
Terrace.
Quick-take proceedings under Article 20
Section 7-103
|
may be used for a period of 12 months after the effective date |
of this amendatory Act of the 93rd General Assembly by the City |
of Oakbrook Terrace for the acquisition of property for the |
purpose of water main construction as follows: |
Beginning at a point on the east line of the southeast 1/4 |
of Section 21-39-11, located a distance of 520 feet north |
of the point of intersection of the east line of the |
southeast 1/4 of Section 21 with the present northerly |
right of way line of Butterfield Road; Thence westerly |
along a line which forms an angle of 90 degrees 00 minutes |
00 seconds to the east line of the southeast 1/4 of Section |
21, a distance of 340 feet, to an angle point; Thence |
southwesterly from said angle point along a line which |
forms an angle of 137 degrees 49 minutes 39 seconds as |
measured clockwise from west to south, a distance of 297 |
feet, to a point located 30 feet southwest and |
perpendicular to the south edge of the existing private |
|
road; Thence northwesterly along a curved line located 30 |
feet south of and parallel to the south edge of the |
existing private road, through an internal angle of 101 |
degrees 2 minutes 40 seconds, measured counterclockwise |
from the northeast to the northwest, a distance of 441.7 |
feet, to a point located 30 feet southeast and |
perpendicular to the south edge of the existing private |
road; Thence, northwesterly along a straight line |
perpendicular to the existing private road, a distance of |
30 feet to a point on the south edge of the existing |
private road; Thence northeasterly and southeasterly along |
the curved south edge of the existing private road, a |
distance of 461.5 feet, to a point on the south edge of the |
existing private road; Thence northeasterly along a |
straight line and perpendicular to the south edge of the |
existing private road, a distance of 277 feet, to an angle |
point (iron pipe); Thence easterly along a straight line, |
from said angle point, which forms an angle of 137 degrees |
49 minutes 39 seconds as measured counterclockwise from |
south to east, a distance of 350 feet to a point located on |
the east line of the southeast 1/4 of Section 21-39-11 a |
distance of 30 feet to the point of beginning.
|
(Source: P.A. 93-1065, eff. 1-15-05.) |
(was 735 ILCS 5/7-103.118) |
Sec. 25-7-103.118
7-103.118 . Quick-take; Ogle County.
|
Quick-take proceedings under Article 20
Section 7-103 may be |
used for a period of 12 months after the effective date of this |
amendatory Act of the 93rd General Assembly by Ogle County for |
the acquisition of property for the purpose of the construction |
of a railroad overpass as follows: |
A tract of land in the Northeast Quarter in Section 32, |
Township 40 North, Range 1 East of the Third Principal |
Meridian, the Township of Flagg, the County of Ogle and the |
State of Illinois, bounded and described as follows: |
|
Commencing at the Southeast Corner of the Northeast Quarter |
of said Section 32; thence North 0 degrees 37 minutes 41 |
seconds West along the East line of said Northeast
Quarter, |
a distance of 420.21 feet to the intersection of said East |
Line and the Northwesterly Right-of-Way Line of the Union |
Pacific Railroad, said point being the Point of Beginning |
of the hereinafter described tract of land; thence |
continuing North 0 degrees 37 minutes 41 seconds West along |
said East Line, a distance of 1466.85 feet; thence South 89 |
degrees 22 minutes 02 seconds West, a distance of 32.74 |
feet to the existing Westerly Right-of-Way Line of a public |
road designated Thorpe Road; thence South 2 degrees 41 |
minutes 56 seconds West, a distance of 67.11 feet; thence |
South 42 degrees 09 minutes 09 seconds West, a distance of |
34.04 feet to the beginning of a curve; thence |
Southwesterly along a line being curved to the left, having |
a radius of 183.00 feet a central angle of 90 degrees 00 |
minutes 00 seconds, a chord bearing of South 44 degrees 22 |
minutes 02 seconds West and an arc distance of 287.46 feet |
to the termination of said curve; thence South 0 degrees 37 |
minutes 58 seconds East parallel with the Centerline of |
said Thorpe Road, a distance of 949.35 feet to the |
beginning of a curve; thence Southwesterly a line being |
curved to the right, having a radius of 487.87 feet a |
central angle of 62 degrees 20 minutes 35 seconds, a chord |
bearing of South 30 degrees 32 minutes 20 seconds West and |
an arc distance of 330.95 feet to the Northwesterly |
Right-of-Way Line of a public road designated Titus Road; |
thence South 28 degrees 17 minutes 23 seconds East, a |
distance of 66.00 to the Northwesterly Right-of-Way Line of |
the Union Pacific Railroad; thence Northeasterly along a |
line being curved to the left, Having a radius of 602.66 |
feet, a central angle of 62 degrees 20 minutes 35 seconds, |
a chord bearing of North 30 degrees 32 minutes 20 seconds |
East and an arc distance of 602.66 to the termination of |
|
said curve; thence North 0 degrees 37 minutes 58 seconds, |
West parallel with the Centerline of said Thorpe Road, a |
distance of 949.35 feet to the beginning of a curve; thence |
Northeasterly along a line being curved to the right, |
having a radius of 117.00 feet, a central angle of 90 |
degrees; 00 minutes 00 seconds, a chord bearing of North 44 |
degrees 22 minutes 02 seconds East and an arc distance of |
183.79 Feet to the termination of said curve; thence South |
33 degrees 48 minutes 48 seconds East, a distance of 29.87 |
feet to the Westerly Right-of-Way Line of said Thorpe Road; |
thence South 2 degrees 41 minutes 56 seconds West, a |
distance of 1141.69 feet; thence South 0 degrees 37 minutes |
58 seconds East parallel with the Centerline of said Thorpe |
Road, a distance of 201.54 feet to the Northwesterly |
Right-of-Way Line of the Union Pacific Railroad; thence |
North 61 degrees 42 minutes 17 seconds East along said |
Northwesterly Right-of-Way Line, a distance of 123.77 feet |
to the Point of Beginning. |
Containing 5.292 acres, more or less.
|
(Source: P.A. 93-1065, eff. 1-15-05.) |
(was 735 ILCS 5/7-103.119) |
Sec. 25-7-103.119
7-103.119 . Quick-take; Village of |
Plainfield. Quick-take proceedings under Article 20
Section |
7-103 may be used for the period of 12 months after the |
effective date of this amendatory Act of the 93rd General |
Assembly by the Village of Plainfield for the acquisition of |
the following described property for the purposes of water, |
sewer, and roadway extensions: |
That part of Outlot "A" in Indian Oaks Estates Unit |
Six, a subdivision of part of the Southeast Quarter of |
Section 17 in Township 36 North and Range 9 East of the |
Third Principal Meridian, in Will County, Illinois, |
according to the plat thereof recorded April 6, 1989 as |
Document Number R89-15582, described as follows:
|
|
Beginning at the southeasterly corner of Outlot A, |
thence South 45 degrees 31 minutes 50 seconds West along |
the south line of the aforesaid Outlot 147.49 feet to the |
southwesterly corner of the aforesaid Outlot; thence North |
0 degrees 0 minutes 26 seconds East along the west line of |
the aforesaid Outlot 221.82 feet; thence on a northwesterly |
bearing 134.05 feet to a point on the east line of the |
aforesaid Outlot that is 201.53 feet north of the |
southeasterly corner; thence southerly along the east line |
of the aforesaid Outlot 201.53 feet to the point of |
beginning; containing 0.511 acres, more or less, all in |
Will County, Illinois.
|
Pin No: 03-17-408-023-0000
|
(Source: P.A. 93-1065, eff. 1-15-05.) |
(was 735 ILCS 5/7-103.120) |
Sec. 25-7-103.120
7-103.120 . Quick-take; Village of |
Plainfield.
Quick-take proceedings under Article 20
Section |
7-103 may be used for the period of 12 months after the |
effective date of this amendatory Act of the 93rd General |
Assembly by the Village of Plainfield for the acquisition of |
the following described property for the purposes of roadway |
extensions and traffic signal installation: |
Beginning at a P.K. Nail marking the southwest corner of |
said Section 33; thence on an assumed bearing of North 00 |
degrees 30 minutes 36 seconds West 523.00 feet along the |
west line of the Southwest Quarter of said Section 33; |
thence North 89 degrees 29 minutes 19 seconds East 40.00 |
feet; thence South 00 degrees 30 minutes 36 seconds East |
379.66 feet along a line 40.00 feet easterly of and |
parallel to the west line of the Southwest Quarter of said |
Section 33; thence South 26 degrees 12 minutes 37 seconds |
East 115.56 feet to a point on the northerly existing right |
|
of way line of 135th Street (Pilcher Road); thence South 00 |
degrees 00 minutes 24 seconds East 40.00 feet to a point on |
the south line of the Southwest Quarter of said Section 33; |
thence South 89 degrees 59 minutes 36 seconds West 89.76 |
feet along the south line of the Southwest Quarter of said |
Section 33 to the Point of Beginning. |
Pin No: 01-33-300-008
|
(Source: P.A. 93-1065, eff. 1-15-05.) |
(was 735 ILCS 5/7-103.121) |
Sec. 25-7-103.121
7-103.121 . Quick-take; Rochester Road |
District. Quick-take proceedings under Article 20
Section |
7-103 may be used for a period of 12 months from the effective |
date of this amendatory Act of the 93rd General Assembly by |
Rochester Road District, for the purpose of road construction |
and maintenance, for the acquisition of property legally |
described as: |
Parcel No. 3
|
A part of the East Half of the Southwest Quarter of Section |
6, Township 15 North, Range 4 West of the Third Principal |
Meridian, Sangamon County, Illinois, described as follows:
|
Commencing at the Northeast corner of the Southwest Quarter |
of said Section 6; thence South 0 degrees 44 minutes 49 |
seconds East along the east line of the Southwest Quarter |
of said Section 6, a distance of 326.11 feet to the point |
of beginning; thence continuing South 0 degrees 44 minutes |
49 seconds East, 359.27 feet; thence North 86 degrees 59 |
minutes 03 seconds West, 35.08 feet; thence North 0 degrees |
44 minutes 49 seconds West, 359.27 feet; thence South 86 |
degrees 59 minutes 03 seconds East, 35.08 feet to the point |
of beginning.
|
All of the above excludes that portion now in use as a |
public road, said tract to be conveyed containing 0.124 |
|
acres, more or less. Said tract being shown by the plat |
hereto attached and considered a part hereof.
|
Parcel No. 6
|
A part of the East Half of the Southwest Quarter of Section |
6, Township 15 North, Range 4 West of
the Third Principal |
Meridian, Sangamon County, Illinois, described as follows:
|
Commencing at the Northeast corner of the Southwest Quarter |
of said Section 6; thence
South 0 degrees 44 minutes 49 |
seconds East along the east line of the Southwest Quarter
|
of said Section 6, a distance of 276.00 feet to the point |
of beginning; thence continuing
South 0 degrees 44 minutes |
49 seconds East, 50.11 feet; thence North 86 degrees 59
|
minutes 03 seconds West, 35.08 feet; thence North 0 degrees |
44 minutes 49 seconds
West, 50.11 feet; thence South 86 |
degrees 59 minutes 03 seconds East, 35.08 feet to
the point |
of beginning.
|
All of the above excludes that portion now in use as a |
public road, said tract to be conveyed containing 0.017 |
acres, more or less. Said tract being shown by the plat |
hereto attached and considered a part hereof.
|
Parcel No. 9
|
A part of the East Half of the Southwest Quarter of Section |
6, Township 15 North, Range 4 West of the Third Principal |
Meridian, Sangamon County, Illinois, described as follows:
|
Beginning at the Northeast corner of the Southwest Quarter |
of said Section 6; thence South 0 degrees 44 minutes 49 |
seconds East along the east line of the Southwest Quarter |
of said Section 6, a distance of 276.00 feet; thence North |
86 degrees 59 minutes 03 seconds West, 35.08 feet; thence |
North 0 degrees 44 minutes 49 seconds West, 224.01 feet; |
thence South 89 degrees 15 minutes 11 seconds West, 5.00 |
|
feet; thence North 0 degrees 44 minutes 49 seconds West, |
49.07 feet to the north line of the Southwest Quarter
of |
said Section 6; thence North 88 degrees 22 minutes 11 |
seconds East, 40.00 feet to the point of beginning.
|
All of the above excludes that portion now in use as a |
public road, said tract to be conveyed containing 0.100 |
acres, more or less. Said tract being shown by the plat |
hereto attached and considered a part hereof.
|
(Source: P.A. 93-1065, eff. 1-15-05.) |
(was 735 ILCS 5/7-103.122) |
Sec. 25-7-103.122
7-103.122 . Quick-take; Village of |
Skokie. Quick-take proceedings under Article 20
Section 7-103
|
may be used for a period of 12 months after the effective date |
of this amendatory Act of the 93rd General Assembly by the |
Village of Skokie for the acquisition of property for the |
purpose of open space and the development of a park as follows: |
8148 Lincoln Avenue |
Index Numbers (PINS): 10-21-409-002-0000 and |
10-21-409-003-0000
|
Lot 2 and the North 1/2 of Lot 3 in the Subdivision of Lot |
28 in the Subdivision of the South 105 acres of the |
Southeast 1/4 of Section 21, Township 41 North, Range 13, |
East of the Third Principal Meridian, in Cook County, |
Illinois.
|
8158 Lincoln Avenue
|
Index Number (PIN) 10-21-409-001-0000
|
Lot 1 in the Subdivision of Lot 28 in the Subdivision of |
the South 105
acres of the Southeast 1/4 of Section 21, |
Township 41 North, Range 13, East of the Third Principal |
Meridian, in Cook County, Illinois.
|
|
(Source: P.A. 93-1065, eff. 1-15-05.) |
(was 735 ILCS 5/7-103.123) |
Sec. 25-7-103.123
7-103.113 . Quick-take; Dewitt County. |
Quick-take proceedings under Article 20
Section 7-103 may be |
used for a period of 12 months after the effective date of this |
amendatory Act of the 94th General Assembly for road |
improvement purposes for the acquisition of the following |
described real property: |
PARCEL 1
|
A part of the Southeast Quarter of Section 35, Township 19 |
North, Range 3 East of the Third Principal Meridian, |
described as follows:
|
Beginning at the Southeast corner of said Section 35; |
thence South 88 degrees 49 minutes 30 seconds West, a |
distance of 85.50 feet along the south line of the |
Southeast Quarter of said Section 35; thence North 1 degree |
09 minutes 40 seconds West, 16.57 feet to the north right |
of way line of a township road; thence North 55 degrees 46 |
minutes 40 seconds East, 56.79 feet; thence northerly |
357.19 feet along a curve to the left having a radius of |
8564.37 feet, the chord of said curve bears North 2 degrees |
12 minutes 30 seconds East, 357.16 feet; thence North 1 |
degree 00 minutes 50 seconds East, 496.06 feet; thence |
North 1 degree 06 minutes 30 seconds East, 599.97 feet; |
thence North 0 degrees 55 minutes 00 seconds East, 299.96 |
feet; thence North 0 degrees 55 minutes 50 seconds East, |
598.18 feet; thence North 1 degree 16 minutes 00 seconds |
East, 254.87 feet to the north line of the Southeast |
Quarter of said Section 35; thence North 88 degrees 58 |
minutes 30 seconds East along said line, 30.02 feet to the |
east line of the Southeast Quarter of said Section 35; |
thence South 0 degrees 58 minutes 50 seconds West along |
|
said line, a distance of 2653.24 feet to the point of |
beginning, including that portion containing 1.717 acres, |
more or less, which exists as public road right-of-way, |
said perpetual right-of-way easement containing 1.967 |
acres, more or less.
|
ALSO
|
A part of the Southwest Quarter of Section 36, Township 19 |
North, Range 3 East of the Third Principal Meridian, |
described as follows:
|
A tract of land 5 feet in width lying between Station |
23+15.00 and Station 23+28.73 a distance of 13.73 feet |
along the east side of the proposed east right of way line |
of a highway designated as Construction Section |
85-00043-00-RS, as surveyed and staked out under the |
direction of the Dewitt County Highway Department.
|
PARCEL 2
|
A part of the Southwest Quarter of Section 36, Township 19 |
North, Range 3 East of the Third Principal Meridian, |
described as follows:
|
Beginning at the Southwest corner of said Section 36; |
thence North 0 degrees 58 minutes 50 seconds East along the |
west line of the Southwest Quarter of said Section 36, a |
distance of 1326.62 feet; thence North 88 degrees 58 |
minutes 00 seconds East, 29.24 feet; thence South 1 degree |
06 minutes 30 seconds West, 428.52 feet; thence South 1 |
degree 00 minutes 50 seconds West, 496.01 feet; thence |
southerly 358.88 feet along a curve to the right having a |
radius of 8624.37 feet, the chord of said curve bears South |
2 degrees 12 minutes 20 seconds West, 358.85 feet; thence |
South 65 degrees 33 minutes 40 seconds East, 47.95 feet to |
the north right of way line of a township road; thence |
|
South 1 degree 00 minutes 10 seconds East, 23.03 feet to |
the south line of the Southwest Quarter of said Section 36; |
thence South 89 degrees 00 minutes 30 seconds West along |
said south line, a distance of 65.15 feet to the point of |
beginning, including that portion containing 0.741 acres, |
more or less, which exists as public road right-of-way, |
said perpetual right-of-way easement containing 0.867 |
acres, more or less.
|
PARCEL 3A
|
A part of the Northwest Quarter of the Southwest Quarter of |
Section 36, Township 19 North, Range 3 East of the Third |
Principal Meridian, described as follows:
|
Beginning at the Northwest Corner of the Southwest Quarter |
of said Section 36; thence North 88 degrees 55 minutes 30 |
seconds East, a distance of 30.02 feet; thence South 1 |
degree 16 minutes 00 seconds West, 257.12 feet; thence |
South 0 degrees 55 minutes 50 seconds West, 598.00 feet; |
thence South 0 degrees 55 minutes 00 seconds West, 300.05 |
feet; thence South 1 degree 06 minutes 30 seconds West, |
171.50 feet to the south line of the Northwest Quarter of |
the Southwest Quarter of said Section 36; thence South 88 |
degrees 58 minutes 00 seconds West along said line, 29.24 |
feet to the west line of the Southwest Quarter of said |
Section 36; thence North 0 degrees 58 minutes 50 seconds |
East, a distance of 1326.62 feet to the point of beginning, |
including that portion containing 0.761 acres, more or |
less, which exists as public road right-of-way, said |
perpetual right-of-way easement containing 0.890 acres, |
more or less.
|
ALSO
|
A part of the Southwest Quarter of Section 36, Township 19 |
|
North, Range 3 East of the Third Principal Meridian, |
described as follows:
|
A tract of land 5 feet in width lying between Station |
23+28.54 and Station 23+50.00 a distance of 21.46 feet |
along the east side of the proposed east right of way line |
of a highway designated as Construction Section |
85-00043-00-RS, as surveyed and staked out under the |
direction of the Dewitt County Highway Department.
|
PARCEL 3B
|
A part of the Southwest Quarter of the Northwest Quarter of |
Section 36, Township 19 North, Range 3 East of the Third |
Principal Meridian, described as follows:
|
Beginning at the Southwest Corner of the Northwest Quarter |
of said Section 36; thence North 0 degrees 48 minutes 30 |
seconds East along the west line of the Northwest Quarter |
of said Section 36, a distance of 1327.69 feet; thence |
North 88 degrees 54 minutes 10 seconds East, 31.20 feet; |
thence South 0 degrees 45 minutes 40 seconds West, 381.76 |
feet; thence South 0 degrees 47 minutes 50 seconds West, |
601.02 feet; thence South 1 degree 04 minutes 50 seconds |
West, 344.97 feet to the south line of the Northwest |
Quarter of said Section 36; thence South 88 degrees 55 |
minutes 30 seconds West along said line, a distance of |
30.02 feet to the point of beginning, including that |
portion containing 0.762 acres, more or less, which exists |
as public road right-of-way, said perpetual right-of-way |
easement containing 0.955 acres, more or less.
|
PARCEL 4
|
A part of the Northeast Quarter of Section 35, Township 19 |
|
North, Range 3 East of the Third Principal Meridian, |
described as follows:
|
Beginning at the Southeast corner of the Northeast Quarter |
of said Section 35; thence North 0 degrees 48 minutes 30 |
seconds East along the east line of said Section 35, a |
distance of 1327.69 feet to the north line of the Southeast |
Quarter of the Northeast Quarter of said Section 35; thence |
South 89 degrees 10 minutes 50 seconds West along the said |
north line, 28.83 feet; thence South 0 degrees 45 minutes |
40 seconds West, 379.93 feet; thence South 0 degrees 47 |
minutes 50 seconds West, 600.85 feet; thence South 1 degree |
04 minutes 50 seconds West, 347.05 feet to the south line |
of the Northeast Quarter of said Section 35; thence North |
88 degrees 58 minutes 30 seconds East along said south |
line, a distance of 30.02 feet to the point of beginning, |
including that portion containing 0.852 acres, more or |
less, which exists as public road right-of-way, said |
perpetual right-of-way easement containing 0.874 acres, |
more or less.
|
PARCEL 6
|
A part of the Northwest Quarter of Section 36, Township 19 |
North, Range 3 East of the Third Principal Meridian, |
described as follows:
|
Beginning at the Northwest corner of said Section 36; |
thence South 0 degrees 48 minutes 30 seconds West along the |
west line of said Section 36, a distance of 1327.69 feet to |
the south line of the Northwest Quarter of the Northwest |
Quarter of said Section 36; thence North 88 degrees 54 |
minutes 10 seconds East along the said south line, 31.20 |
feet; thence North 0 degrees 45 minutes 40 seconds East, |
217.18 feet; thence North 0 degrees 56 minutes 50 seconds |
East, 300.01 feet; thence North 0 degrees 41 minutes 10 |
|
seconds East, 761.94 feet; thence North 42 degrees 26 |
minutes 10 seconds East, 30.04 feet to the south right of |
way line of a township road; thence North 0 degrees 40 |
minutes 00 seconds East, 26.76 feet to the north line of |
said Section 36; thence South 88 degrees 53 minutes 00 |
seconds West along said north line, a distance of 50.02 |
feet to the point of beginning, including that portion |
containing
0.777 acres, more or less, which exists as |
public road right-of-way, said perpetual right-of-way |
easement containing 0.963 acres, more or less.
|
ALSO
|
A part of the Northwest Quarter of Section 36, Township 19 |
North, Range 3 East of the Third Principal Meridian, |
described as follows:
|
A tract of land 5 feet in width lying between Station |
50+30.00 and Station 50+75.00 a distance of 45.00 feet |
along the east side of the proposed east right of way line |
of a highway designated as Construction Section |
85-00043-00-RS, as surveyed and staked out under the |
direction of the Dewitt County Highway Department.
|
PARCEL 7
|
A part of the Southeast Quarter of Section 26, Township 19 |
North, Range 3 East of the Third Principal Meridian, |
described as follows:
|
Beginning at the Southeast corner of the Southeast Quarter |
of said Section 26; thence North 0 degrees 58 minutes 30 |
seconds East along the east line of said Section 26, a |
distance of 1331.43 feet to the north line of the Southeast |
Quarter of the Southeast Quarter of said Section 26; thence |
South 89 degrees 16 minutes 30 seconds West along said |
|
north line, 29.65 feet; thence South 0 degrees 58 minutes |
20 seconds West, 339.94 feet; thence South 1 degree 13 |
minutes 40 seconds West, 600.09 feet; thence South 0 |
degrees 38 minutes 50 seconds West, 343.24 feet; thence |
South 42 degrees 37 minutes 30 seconds West, 29.90 feet to |
the north right of way line of a township road; thence |
South 0 degrees 40 minutes 00 seconds West, 26.33 feet to |
the south line of said Section 26; thence North 89 degrees |
23 minutes 00 seconds East along said south line, a |
distance of 50.02 feet to the point of beginning, including |
that portion containing 0.792 acres, more or less, which |
exists as public road right-of-way, said perpetual |
right-of-way easement containing 0.954 acres, more or |
less.
|
PARCEL 8
|
A part of the Southwest Quarter of Section 25, Township 19 |
North, Range 3 East of the Third Principal Meridian, |
described as follows:
|
Beginning at the Southwest corner of the Southwest Quarter |
of said Section 25; thence North 0 degrees 58 minutes 30 |
seconds East along the west line of said Section 25, a |
distance of 2662.85 feet to the north line of the Southwest |
Quarter of said Section 25; thence North 89 degrees 04 |
minutes 40 seconds East along said north line, 28.37 feet; |
thence South 0 degrees 49 minutes 50 seconds West, 773.22 |
feet; thence South 0 degrees 58 minutes 20 seconds West, |
900.10 feet; thence South 1 degree 13 minutes 40 seconds |
West, 599.92 feet; thence South 0 degrees 38 minutes 50 |
seconds West, 343.01 feet; thence South 40 degrees 45 |
minutes 00 seconds East, 30.24 feet to the north right of |
way line of a township road; thence South 0 degrees 40 |
minutes 00 seconds West, 23.16 feet to the south line of |
said Section 25; thence South 88 degrees 53 minutes 00 |
|
seconds West along said south line, a distance of 50.02 |
feet to the point of beginning, including that portion |
containing 1.492 acres, more or less, which exists as |
public road right-of-way, said perpetual right-of-way |
easement containing 1.823 acres, more or less.
|
PARCEL 11
|
A part of the Northwest Quarter of Section 25, Township 19 |
North, Range 3 East of the Third Principal Meridian, |
described as follows:
|
Beginning at the Southwest corner of the Northwest Quarter |
of said Section 25; thence North 0 degrees 39 minutes 50 |
seconds East along the west line of said Section 25, a |
distance of 285.00 feet to the north property line; thence |
North 89 degrees 04 minutes 40 seconds East along said |
north line, a distance of 29.52 feet; thence South 0 |
degrees 53 minutes 40 seconds West, a distance of 285.03 |
feet to the south line of the Northwest Quarter of said |
Section 25; thence South 89 degrees 04 minutes 40 seconds |
West along said south line, a distance of 28.37 feet to the |
point of beginning, including that portion containing |
0.153 acres, more or less, which exists as public road |
right-of-way, said perpetual right-of-way easement |
containing 0.189 acres, more or less.
|
PARCEL 12
|
A part of the Northwest Quarter of Section 25, Township 19 |
North, Range 3 East of the Third Principal Meridian, |
described as follows:
|
Commencing at the Southwest Corner of said Section 25; |
thence North 0 degrees 39 minutes 50 seconds East along the |
west line of said Section 25, a distance of 285.00 feet to |
|
the south property line and the point of beginning; thence |
continuing North 0 degrees 39 minutes 50 seconds East along |
said west line, a distance of 1043.42 feet to the north |
line of the South Half of the Northwest Quarter of said |
Section 25; thence North 89 degrees 06 minutes 10 seconds |
East along said north line, a distance of 31.28 feet; |
thence South 0 degrees 49 minutes 00 seconds West, a |
distance of 101.59 feet; thence South 0 degrees 33 minutes |
40 seconds West, a distance of 400.04 feet; thence South 0 |
degrees 53 minutes 50 seconds West, 541.83 feet to the |
south property line; thence South 89 degrees 04 minutes 40 |
seconds West along the said south line, a distance of 29.52 |
feet to the point of beginning, including that portion |
containing 0.571 acres, more or less, which exists as |
public road right-of-way, said perpetual right-of-way |
easement containing 0.741 acres, more or less.
|
PARCEL 14
|
A part of the Northeast Quarter of Section 26, Township 19 |
North, Range 3 East of the Third Principal Meridian, |
described as follows:
|
Beginning at the Northeast Corner of said Section 26; |
thence South 0 degrees 39 minutes 50 seconds West along the |
east line of the Northeast Quarter of said Section 26, a |
distance of 1130.32 feet to the south monumented parcel |
line; thence North 89 degrees 13 minutes 10 seconds West |
along said south monumented parcel line, 28.20 feet; thence |
North 0 degrees 49 minutes 00 seconds East, 201.20 feet; |
thence North 0 degrees 53 minutes 30 seconds East, 875.01 |
feet; thence North 29 degrees 29 minutes 30 seconds West, |
39.54 feet to the south right of way line of a township |
road; thence North 0 degrees 52 minutes 30 seconds East, |
18.75 feet to the north line of the Northeast Quarter of |
said Section 26; thence North 89 degrees 12 minutes 20 |
|
seconds East along said north line, 44.01 feet to the point |
of beginning, including that portion containing 0.588 |
acres, more or less, which exists as public road |
right-of-way, said perpetual right-of-way easement |
containing 0.696 acres, more or less.
|
ALSO
|
A part of the Northeast Quarter of Section 26, Township 19 |
North, Range 3 East of the Third Principal Meridian, |
described as follows:
|
A tract of land 5 feet in width lying between Station |
105+00.00 and Station 105+40.00 a distance of 40.00 feet |
along the west side of the proposed west right of way line |
of a highway designated as Construction Section |
85-00043-00-RS, as surveyed and staked out under the |
direction of the Dewitt County Highway Department.
|
PARCEL 22
|
A part of the Southeast Quarter of Section 14, Township 19 |
North, Range 3 East of the Third Principal Meridian, |
described as follows:
|
Beginning at the Southeast Corner of said Section 14; |
thence South 89 degrees 21 minutes 00 seconds West along |
the south line of the Southeast Quarter of said Section 14, |
a distance of 36.03 feet; thence North 1 degree 06 minutes |
30 seconds East, 31.02 feet to the north right of way line |
of County Highway 15; thence North 11 degrees 32 minutes 30 |
seconds East, 54.77 feet; thence North 1 degree 01 minute |
40 seconds East, 469.47 feet; thence North 0 degrees 51 |
minutes 40 seconds East, 750.02 feet; thence North 1 degree |
05 minutes 10 seconds East, 25.08 feet to the north line of |
the south half of the Southeast Quarter of said Section 14; |
|
thence North 89 degrees 25 minutes 00 seconds East, 28.95 |
feet to the east line of the Southeast Quarter of said |
Section 14; thence South 1 degree 03 minutes 40 seconds |
West along said line, a distance of 1329.19 feet to the |
point of beginning, including that portion containing |
0.725 acres, more or less, which exists as public road |
right-of-way, said perpetual right-of-way easement |
containing 0.838 acres, more or less.
|
PARCEL 24
|
A part of the Southeast Quarter of Section 14, Township 19 |
North, Range 3 East of the Third Principal Meridian, |
described as follows:
|
Beginning at the Northeast Corner of the Southeast Quarter |
of said Section 14; thence South 1 degree 03 minutes 40 |
seconds West along the east line of said Southeast Quarter, |
a distance of 1329.19 feet to the south line of the |
Northeast Quarter of the Southeast Quarter of said Section |
14; thence South 89 degrees 25 minutes 00 seconds West, |
28.95 feet; thence North 1 degree 05 minutes 20 seconds |
East, 925.01 feet; thence North 1 degree 11 minutes 50 |
seconds East, 404.25 feet to the north line of said |
Southeast Quarter; thence North 89 degrees 28 minutes 50 |
seconds East along said line, a distance of 27.57 feet to |
the point of beginning, including that portion containing |
0.775 acres, more or less, which exists as public road |
right-of-way, said perpetual right-of-way easement |
containing 0.870 acres, more or less.
|
PARCEL 26
|
A part of the Southwest Quarter of Section 13, Township 19 |
North, Range 3 East of the Third Principal Meridian, |
described as follows:
|
|
Beginning at the Northwest Corner of the Southwest Quarter |
of said Section 13; thence South 1 degree 03 minutes 40 |
seconds West, along the west line of the Southwest Quarter |
of said Section 13, a distance of 440.13 feet to the south |
parcel line; thence North 89 degrees 10 minutes 40 seconds |
East along said parcel line, 31.50 feet; thence North 1 |
degree 05 minutes 20 seconds East, 34.00 feet; thence North |
1 degree 11 minutes 55 seconds East, 400.01 feet; thence |
North 1 degree 03 minutes 00 seconds East, 6.15 feet to the |
north line of the Southwest Quarter of said Section 13; |
thence South 89 degrees 11 minutes 10 seconds West along |
said north line, 32.46 feet to the point of beginning, |
including that portion containing 0.247 acres, more or |
less, which exists as public road right-of-way, said |
perpetual right-of-way easement containing 0.323 acres, |
more or less.
|
PARCEL 27
|
A part of the Northeast Quarter of Section 14, Township 19 |
North, Range 3 East of the Third Principal Meridian, |
described as follows:
|
Beginning at the Southeast Corner of the Northeast Quarter |
of said Section 14; thence North 0 degrees 58 minutes 50 |
seconds East along the east line of the Northeast Quarter |
of said Section 14, a distance of 316.77 feet to the north |
parcel line; thence South 89 degrees 28 minutes 50 seconds |
West along said line, 27.18 feet; thence South 1 degree 03 |
minutes 00 seconds West, 316.78 feet to the south line of |
the Northeast Quarter of said Section 14; thence North 89 |
degrees 28 minutes 50 seconds East along said line, 27.57 |
feet to the point of beginning, including that portion |
containing 0.176 acres, more or less, which exists as |
public road right-of-way, said perpetual right-of-way |
|
easement containing 0.199 acres, more or less.
|
PARCEL 29
|
A part of the Northeast Quarter of Section 14, Township 19 |
North, Range 3 East of the Third Principal Meridian, |
described as follows:
|
Beginning at the Northeast Corner of said Section 14; |
thence South 0 degrees 58 minutes 50 seconds West along the |
east line of the Northeast Quarter of said Section 14, a |
distance of 2342.88 feet to the south parcel line; thence |
South 89 degrees 29 minutes 00 seconds West, 27.18 feet; |
thence North 1 degree 03 minutes 00 seconds East, 878.86 |
feet; thence North 0 degrees 50 minutes 10 seconds East, |
1399.89 feet; thence North 0 degrees 44 minutes 30 seconds |
East, 22.44 feet; thence North 40 degrees 31 minutes 30 |
seconds West, 30.32 feet to the existing south right of way |
line of a township road; thence North 0 degrees 44 minutes |
30 seconds East, 18.43 feet to the north line of said |
Northeast Quarter; thence North 89 degrees 31 minutes 50 |
seconds East along said line, 49.89 feet to the point of |
beginning, including that portion containing 1.238 acres, |
more or less, which exists as public road right-of-way, |
said perpetual right-of-way easement containing 1.490 |
acres, more or less.
|
PARCEL 30
|
A part of the Northwest Quarter of Section 13, Township 19 |
North, Range 3 East of the Third Principal Meridian, |
described as follows:
|
Beginning at the Northwest Corner of said Section 13; |
thence South 0 degrees 58 minutes 50 seconds West along the |
west line of the Northwest Quarter of said Section 13, a |
|
distance of 1329.82 feet to the south parcel line; thence |
North 89 degrees 09 minutes 50 seconds East along said |
line, 33.58 feet; thence North 0 degrees 50 minutes 10 |
seconds East, 1264.13 feet; thence North 0 degrees 44 |
minutes 30 seconds East, 22.64 feet; thence North 42 |
degrees 44 minutes 20 seconds East, 29.90 feet to the |
existing south right of way line of a township road; thence |
North 0 degrees 44 minutes 40 seconds East, 21.30 feet to |
the north line of said Northwest Quarter; thence South 89 |
degrees 08 minutes 50 seconds West along said line, 50.15 |
feet to the point of beginning, including that portion |
containing 0.830 acres, more or less, which exists as |
public road right-of-way, said perpetual right-of-way |
easement containing 0.989 acres, more or less.
|
PARCEL 31
|
A part of the Southwest Quarter of Section 12, Township 19 |
North, Range 3 East of the Third Principal Meridian, |
described as follows:
|
Beginning at the Southwest Corner of said Section 12; |
thence North 0 degrees 48 minutes 30 seconds East along the |
west line of the Southwest Quarter of said Section 12, a |
distance of 2580.09 feet to the north parcel line; thence |
North 89 degrees 22 minutes 40 seconds East, 31.05 feet; |
thence South 0 degrees 52 minutes 40 seconds West, 245.61 |
feet; thence South 0 degrees 45 minutes 00 seconds West, |
1099.99 feet; thence South 0 degrees 57 minutes 50 seconds |
West, 800.03 feet; thence South 0 degrees 44 minutes 30 |
seconds West, 392.46 feet; thence South 40 degrees 26 |
minutes 10 seconds East, 30.38 feet to the existing north |
right of way line of a township road; thence South 0 |
degrees 44 minutes 40 seconds West, 18.47 feet to the south |
line of said Southwest Quarter; thence South 89 degrees 08 |
minutes 50 seconds West along said line, 50.15 feet to the |
|
point of beginning, including that portion containing |
1.493 acres, more or less, which exists as public road |
right-of-way, said perpetual right-of-way easement |
containing 1.840 acres, more or less.
|
ALSO
|
A part of the Southwest Quarter of Section 12, Township 19 |
North, Range 3 East of the Third Principal Meridian, |
described as follows:
|
A tract of land 5 feet in width lying between Station |
235+40.00 and Station 235+70.00 a distance of 30.00 feet |
along the east side of the proposed east right of way line |
of a highway designated as Construction Section |
85-00043-00-RS, as surveyed and staked out under the |
direction of the Dewitt County Highway Department.
|
PARCEL 33
|
A part of the Southeast Quarter of Section 11, Township 19 |
North, Range 3 East, Third Principal Meridian, described as |
follows:
|
Commencing at the Northeast corner of the Southeast Quarter |
of said Section 11; thence South 0 degrees 48 minutes 30 |
seconds West along the east line of the Southeast Quarter |
of said Section 11, a distance of 13.79 feet to the north |
parcel line and the point of beginning; thence continuing |
South 0 degrees 48 minutes 30 seconds West, 70.01 feet to |
the south parcel line; thence South 89 degrees 56 minutes |
00 seconds West along said parcel line, 28.95 feet; thence |
North 0 degrees 52 minutes 40 seconds East, 70.01 feet to |
the north parcel line; thence North 89 degrees 56 minutes |
00 seconds East, 28.86 feet to the point of beginning, |
including that portion containing 0.040 acres, more or |
|
less, which exists as public road right-of-way, said |
perpetual right-of-way easement containing 0.046 acres, |
more or less.
|
PARCEL 34
|
A part of the Southwest Quarter of Section 12, Township 19 |
North, Range 3 East, Third Principal Meridian, described as |
follows:
|
Beginning at the Northwest corner of the Southwest Quarter |
of said Section 12; thence North 89 degrees 22 minutes 40 |
seconds East along the north line of the Southwest Quarter |
of said Section 12, a distance of 31.17 feet; thence South |
0 degrees 52 minutes 40 seconds West, 100.03 feet to the |
south parcel line; thence South 89 degrees 22 minutes 40 |
seconds West along said parcel line, 31.05 feet; thence |
North 0 degrees 48 minutes 30 seconds East, 100.03 feet to |
the point of beginning, including that portion containing |
0.057 acres, more or less, which exists as public road |
right-of-way, said perpetual right-of-way easement |
containing 0.071 acres, more or less.
|
PARCEL 38
|
A part of the Northwest Quarter of Section 12, Township 19 |
North, Range 3 East of the Third Principal Meridian, |
described as follows:
|
Beginning at the Southwest corner of the Northwest Quarter |
of said Section 12; thence North 89 degrees 22 minutes 40 |
seconds East along the south line of the Northwest Quarter |
of said Section 12, a distance of 31.17 feet; thence North |
0 degrees 52 minutes 40 seconds East, 154.41 feet; thence |
North 0 degrees 39 minutes 40 seconds East, 500.00 feet; |
thence North 0 degrees 46 minutes 30 seconds East, 199.96 |
|
feet; thence North 2 degrees 34 minutes 30 seconds East, |
400.20 feet; thence North 2 degrees 41 minutes 10 seconds |
East, 107.55 feet to the south line of the north 80 acres |
of the Northwest Quarter of said Section 12; thence South |
89 degrees 34 minutes 20 seconds West along said south |
line, 45.86 feet to the west line of the Northwest Quarter |
of said Section 12; thence South 0 degrees 48 minutes 30 |
seconds West along the west line of the Northwest Quarter |
of said Section 12, a distance of 1361.66 feet to the point |
of beginning including that portion containing 0.758 |
acres, more or less, which exists as public road |
right-of-way, said perpetual right-of-way easement |
containing 1.042 acres, more or less.
|
(Source: P.A. 94-408, eff. 8-2-05; revised 9-26-05.)
|
(was 735 ILCS 5/7-103.124) |
Sec. 25-7-103.124
7-103.113 . Quick-take; Williamson |
County. The corporate authorities of Williamson County are |
hereby authorized to acquire, singularly or jointly with other |
parties, by gift, purchase, condemnation, or otherwise, any |
land or interest in land, necessary for the construction and |
development of a coal mine or transportation facilities to |
serve a coal mine, to improve or arrange for the improvement of |
the land and, if deemed to be in the public interest, to convey |
such land, or interest in land, so acquired and improved to a |
railroad or company developing the coal mine for fair market |
value. In addition, quick-take proceedings under Article 20
|
Section 7-103 may be used for a period of 12 months after the |
effective date of this amendatory Act of the 94th General |
Assembly by Williamson County for the acquisition of the |
following described property for the purpose of constructing a |
railroad spur line: |
PARCEL 1
|
As described by deed record book 162, page 337:
|
|
A triangular tract of land located in the Northwest Quarter |
of the Southeast Quarter of Section 7, Township 8 South, |
Range 3 East of the 3rd Principal Meridian bounded and |
described as follows:
|
Beginning at the Southwest corner of said Northwest Quarter |
of the Southeast Quarter and running thence north, along |
the west line of said land, two hundred forty (240) feet |
more or less, to a point sixty-five (65) feet northwesterly |
from the located center line of the track to the Lake Creek |
Mine, measured at right angle thereto. Thence south |
fifty-seven (57) degrees east magnetic bearing, parallel |
to said center line four hundred (400) feet more or less, |
to a point in the south line of said land, thence west |
along said south line three hundred twenty (320) feet more |
or less, to a point of beginning, containing eighty-eight |
(0.88) of an acre more or less, excepting the coal |
underlying same which has heretofore been disposed of.
|
Parcel 1: Containing an estimated 0.88 Acres.
|
PARCEL 2
|
As described by deed record book 162, page 336:
|
A strip of land one hundred thirty (130) feet wide, |
extending over and across the north half of the Southwest |
Quarter of the Southeast Quarter of Section Seven (7), |
Township Eight (8) South, Range Three (3) East of the Third |
(3rd) Principal Meridian, said strip of land being |
sixty-five (65) feet in width on each side of the located |
center line of the track to Lake Creek Mine. Said located |
center line intersects the north line of said land, at a |
point two hundred ten (210) feet east of the northwest |
corner of said land and run thence south fifty-seven (57) |
|
degrees east, magnetic bearing, eleven hundred fifty-three |
(1153) feet more or less, to a point in the south line of |
said land one hundred eighty-nine (189) feet west of the |
southeast corner of said land. Said strip of land contains |
three and forty-five hundredths (3.45) acres more or less.
|
Parcel 2: Containing an estimated 3.45 Acres.
|
PARCEL 3
|
As described by deed record book 162, page 339:
|
A triangular tract of land located in the South Half of the |
Southwest Quarter of the Southeast Quarter of Section Seven |
(7), Township Eight (8) South, Range Three (3) East of the |
Third (3rd) Principal Meridian, bounded and described as |
follows:
|
Beginning at the northeast corner of said land, and running |
thence west two hundred seventy (270) feet more or less, to |
a point fifty (50) feet southwesterly from the located |
center line to the track to Lake Creek Mine, thence south |
fifty-seven (57) degrees east, magnetic bearing, parallel |
to said center line, three hundred thirty (330) feet more |
or less, to the point of beginning, containing sixty-three |
hundredths (0.63) of an acre more or less; excepting the |
coal underlying same which has heretofore been disposed of.
|
Parcel 3: Containing an estimated 0.63 Acres.
|
PARCEL 4
|
A parcel of land to the extent owned one hundred and |
thirty-five (135) feet wide located in and running across |
the South Half (S 1/2) of the Southeast Quarter (SE 1/4) of |
Section Seven (7), Township Eight (8) South, Range Three |
|
(3) East of the Third (3rd) Principal Meridian, bounded and |
described as follows:
|
Beginning at the northwest corner of said South Half (S |
1/2) of the Southeast Quarter (SE 1/4) of Section Seven |
(7), Township Eight (8) South, Range Three (3) East and |
running thence south along the west line of said land |
fifty-three (53) feet more or less to the point of |
beginning, thence south along the west line of the said |
land one hundred and fifty nine (159) feet thence south |
fifty-seven degrees (57) east, magnetic bearing eight |
hundred (800) feet more or less to a point on the south |
line of Section Seven (7), Township Eight (8) South, Range |
Three (3) East; said point being six hundred seventy (670) |
feet east of the southeast corner of said Section Seven |
(7), thence east along the south line of said Section Seven |
(7) two hundred twenty-three (223) feet to a point being |
four hundred and forty-seven (447) feet east of the |
southeast corner of said Section Seven (7) thence north |
fifty-seven (57) degrees west one thousand and sixty-four |
(1064) feet more or less to the point of beginning; |
containing 1.48 acres more or less.
|
Parcel 4: Containing an estimated 1.48 Acres.
|
(Source: P.A. 94-660, eff. 8-22-05; revised 9-26-05.)
|
(was 735 ILCS 5/7-103.139)
|
Sec. 25-7-103.139
7-103.139 . Quick-take; Village of |
Lincolnwood.
|
(a) Quick-take proceedings under Article 20
Section 7-103
|
may be used for a period of
12 months after the effective date |
of this amendatory Act of the 92nd General
Assembly for the |
purpose of a municipal parking lot in the Touhy Crawford
|
Business District by the Village of Lincolnwood for the |
acquisition of a
portion of the following properties:
|
(1) PIN 10-26-316-021;
|
|
(2) PIN 10-26-316-022;
|
(3) PIN 10-26-316-023; and
|
(4) PIN 10-26-316-024.
|
(b) Quick-take proceedings under Article 20
Section 7-103
|
may be used for a period of
12 months following the effective |
date of this amendatory Act of the 92nd
General
Assembly for |
the purpose of the
construction of the planned East West |
Connector Road running within its
corporate limits by the |
Village of Lincolnwood for the acquisition of a portion
of the |
following properties:
|
(1) PIN 10-35-204-002;
|
(2) PIN 10-35-204-003;
|
(3) PIN 10-35-204-004;
|
(4) PIN 10-35-204-005;
|
(5) PIN 10-35-204-006;
|
(6) PIN 10-35-204-007;
|
(7) PIN 10-35-204-008;
|
(8) PIN 10-35-204-016;
|
(9) PIN 10-35-136-005;
|
(10) PIN 10-35-136-008;
|
(11) PIN 10-35-203-007;
|
(12) PIN 10-35-135-004;
|
(13) PIN 10-35-107-002;
|
(14) PIN 10-35-107-008;
|
(15) PIN 10-35-500-010;
|
(16) PIN 10-35-500-012;
|
(17) PIN 10-35-107-016; and
|
(18) A 60 foot strip of land across that part of the |
Chicago and
Northwestern Railroad (Union Pacific) railroad |
property lying in the north 1/2
of section 35, township 41 |
north, range 13 east of the third principal meridian
in |
Cook County, Illinois.
|
(c) Quick-take proceedings under Article 20
Section 7-103
|
may be used for a period of
12 months following the effective |
date of this amendatory Act of the 92nd
General Assembly by the |
Village of Lincolnwood
for the acquisition of the property PIN |
|
10-35-200-039 for the purpose of
public works usage and storage |
within the Touhy Lawndale
Tax Increment Financing District and |
the Northeast Industrial Tax Increment
Financing District.
|
(Source: P.A. 92-525, eff. 2-8-02.)
|
(was 735 ILCS 5/7-103.140)
|
Sec. 25-7-103.140
7-103.140 . Quick-take; Village of |
Bolingbrook. Quick-take
proceedings under Article 20
Section |
7-103 may be used for a period of 12 months after the
effective |
date of this amendatory Act of the
92nd General Assembly by the |
Village of Bolingbrook for the
acquisition of the following |
described property for the purpose of roadway
extension:
|
PARCEL 1:
|
That part of parcel 02-30-200-002 located in the Northeast |
Quarter of Section
30, Township 37 North, Range 10 East of |
the Third Principal Meridian lying
westerly of Weber Road |
in Will County, Illinois, more particularly described as
|
follows:
|
Commencing at the Northeast Corner of said Northeast |
Quarter; thence S 1 deg.
19
min. 22 sec. E along the east |
line of said Northeast Quarter a distance of
2047.60 feet |
to the point of intersection of the centerline of the |
extension of
Remington Boulevard; thence S 88 deg. 40 min. |
35 sec. W along said centerline
of the extension of |
Remington Boulevard a distance of 50.00 feet to the
|
intersection of said centerline of Remington Boulevard and |
the west line of
Weber Road at the point of beginning of |
this description;
|
1.) thence N 1 deg. 19 min. 22 sec. W along said west line |
of Weber Road a
distance of 519.11 feet;
|
2.) thence S 88 deg. 14 min. 37 sec. W along north line of |
said parcel
02-30-200-002 a distance of 20.00 feet;
|
3.) thence S 1 deg. 19 min. 22 sec. E along a line 20.00 |
feet parallel to
the
west line of Weber Road a distance of |
418.96 feet;
|
4.) thence S 43 deg. 40 min. 37 sec. W a distance of 63.64 |
|
feet;
|
5.) thence S 88 deg. 40 min. 35 sec. W a distance of 70.00 |
feet;
|
6.) thence S 1 deg. 19 min. 04 sec. E a distance of 5.00 |
feet;
|
7.) thence S 88 deg. 40 min. 35 sec. W a distance of 175.00 |
feet;
|
8.) thence west a distance of 227.70 feet along a |
tangential curve concave
south
having a radius of 686.62 |
feet and a cord bearing of S 79 deg. 10 min. 35 sec.
W;
|
9.) thence S 67 deg. 10 min. 30 sec. W a distance of 229.11 |
feet;
|
10.) thence S 69 deg. 40 min. 35 sec. W a distance of |
352.08 feet;
|
11.) thence west a distance of 559.79 feet; along a |
tangential curve concave
south having a radius of 676.62 |
feet and a cord bearing of S 45 deg. 58 min. 31
sec. W;
|
12.) thence south a distance of 55.38 feet along a |
tangential curve concave
east
having a radius of 995.00 |
feet and a cord bearing of S 20 deg. 40 min. 49 sec.
W
to a |
point on the south line of said parcel 02-30-200-002;
|
13.) thence N 88 deg. 14 min. 38 sec. E along said south |
line of parcel
02-30-200-002 a distance of 42.93 feet to |
the point of intersection of said
south line of parcel |
02-30-200-002 and said centerline of the extension of
|
Remington Boulevard;
|
14.) thence N 88 deg. 14 min. 38 sec. E along said south |
line of parcel
02-30-200-002 a distance of 43.22 feet;
|
15.) thence north a distance of 20.27 feet along a |
non-tangential curve
concave
east having a radius of 915.00 |
feet and a cord bearing of N 21 deg. 38 min. 17
sec. E;
|
16.) thence north a distance of 493.60 feet along a |
tangential curve concave
east having a radius of 596.62 |
feet and a cord bearing of N 45 deg. 58 min. 31
sec. E;
|
17.) thence N 69 deg. 40 min. 35 sec. E a distance of |
352.08 feet;
|
|
18.) thence N 72 deg. 10 min. 40 sec. E a distance of |
229.11 feet;
|
19.) thence east a distance of 194.53 feet along a |
non-tangential curve
concave
south having a radius of |
586.62 feet and a cord bearing of N 79 deg. 10 min. 36
sec. |
E;
|
20.) thence N 88 deg. 40 min. 35 sec. E a distance of |
240.00 feet;
|
21.) thence S 46 deg. 19 min. 23 sec E a distance of 84.85 |
feet;
|
22.) thence S 1 deg. 19 min. 22 sec. E along a line 10.00 |
feet parallel to
the
west line of Weber Road a distance of |
485.00 feet;
|
23.) thence N 88 deg. 13 min. 38 sec. E along said south |
line of parcel
02-30-200-002 a distance of 10.00 feet;
|
24.) thence N 1 deg. 19 min. 22 sec. W along said west line |
of Weber Road a
distance of 594.92 feet to the point of |
beginning, in Will County, Illinois,
said parcel |
containing 3.77 acres, more or less.
|
(Source: P.A. 92-525, eff. 2-8-02.)
|
(was 735 ILCS 5/7-103.141)
|
Sec. 25-7-103.141
7-103.141 . Quick-take; Village of |
Downers Grove. Quick-take
proceedings under Article 20
Section |
7-103 may be used for a period of 12 months after the
effective |
date of this amendatory Act of the 92nd General Assembly by the
|
Village of Downers Grove within the area of the Downers
Grove |
Central Business District Tax Increment Financing District |
described
below, to be used only for acquiring properties for
|
providing off-street parking facilities:
|
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP |
38 NORTH, RANGE
11
EAST OF THE THIRD PRINCIPAL MERIDIAN, |
DESCRIBED AS BEGINNING AT THE
INTERSECTION OF THE SOUTH |
LINE OF THE NORTH 21.12 FEET OF LOTS 18 AND 19 OF
|
ASSESSOR'S SUBDIVISION, A SUBDIVISION IN SECTIONS 7 AND 8 |
IN AFORESAID TOWNSHIP
38 NORTH, RANGE 11 EAST, RECORDED AS |
|
DOCUMENT NO. 14481 AND THE EAST LINE OF
MAIN STREET, AND |
RUNNING THENCE EASTERLY, ALONG SAID SOUTH LINE, TO THE WEST
|
LINE OF LOT 16, OF AFORESAID ASSESSOR'S SUBDIVISION; THENCE |
NORTHWESTERLY,
ALONG
THE WEST LINE OF AFORESAID LOT 16, TO |
THE SOUTHEAST CORNER OF LOT 17 OF
AFORESAID ASSESSOR'S |
SUBDIVISION; THENCE NORTHERLY, ALONG THE EAST LINE OF
|
AFORESAID LOT 17, TO THE SOUTH LINE OF LOT 52 OF AFORESAID |
ASSESSOR'S
SUBDIVISION; THENCE EASTERLY, ALONG THE SOUTH |
LINE OF AFORESAID LOT 52 AND THE
EASTERLY EXTENSION |
THEREOF, TO THE WEST LINE OF WASHINGTON STREET; THENCE
|
NORTHERLY, ALONG THE WEST LINE OF WASHINGTON STREET, TO A |
POINT THAT IS 94.80
FEET SOUTH FROM THE SOUTHEAST CORNER OF |
LOT 1 IN BLOCK 4 OF CURTISS ADDITION TO
DOWNERS GROVE, |
ACCORDING TO THE PLAT THEREOF RECORDED AS
DOCUMENT NO. |
7317; THENCE WESTERLY, PARALLEL WITH
THE NORTH LINE OF LOT |
15 IN AFORESAID ASSESSOR'S
SUBDIVISION, TO THE WEST LINE OF |
SAID LOT 15; THENCE
NORTHERLY, ALONG THE WEST LINE OF SAID |
LOT 15, TO
THE NORTH LINE THEREOF, SAID LINE BEING THE |
SOUTH
LINE OF BLOCK 4 IN AFORESAID CURTISS ADDITION TO
|
DOWNERS GROVE; THENCE EASTERLY, ALONG SAID
NORTH LINE, TO |
THE WEST LINE OF WASHINGTON
STREET; THENCE NORTHERLY, ALONG |
SAID WEST LINE,
SAID LINE ALSO BEING THE EAST LINE OF |
AFORESAID
BLOCK 4 IN CURTISS ADDITION TO DOWNERS GROVE, TO
|
THE SOUTH LINE OF CURTISS STREET, SAID LINE BEING
THE NORTH |
LINE OF AFORESAID BLOCK 4; THENCE
WESTERLY, ALONG SAID |
SOUTH LINE TO A POINT THAT IS
32.0 FEET, EASTERLY, AS |
MEASURED ON THE NORTH LINE
OF LOT 8 IN BLOCK 4 OF AFORESAID |
CURTISS
SUBDIVISION; THENCE SOUTHERLY, ALONG THE WEST
FACE |
OF A BRICK BUILDING AND THE SOUTHERLY
EXTENSION THEREOF, ON |
A STRAIGHT LINE, TO AN
INTERSECTION WITH A LINE DESCRIBED |
AS BEGINNING 23
LINKS (15.18 FEET) SOUTH, AS MEASURED ON |
THE EAST
LINE OF MAIN STREET, OF THE SOUTHWEST CORNER OF
|
LOT 10 IN BLOCK 4 OF AFORESAID CURTISS SUBDIVISION
AND |
RUNNING THENCE SOUTHEASTERLY 1.98 CHAINS
(130.68 FEET), TO |
A POINT 32 LINKS (21.12 FEET) SOUTH OF
THE SOUTH LINE OF |
AFORESAID LOT 8, THENCE
EASTERLY 86 LINKS, (56.76 FEET), TO |
|
THE END OF THE
HEREIN DESCRIBED LINE; THENCE WESTERLY,
|
FOLLOWING ALONG SAID PREVIOUSLY DESCRIBED LINE,
FROM THE |
INTERSECTION REFERENCED HEREIN, TO THE
EAST LINE OF MAIN |
STREET; THENCE SOUTHERLY, ALONG
SAID EAST LINE OF MAIN |
STREET, TO THE POINT OF
BEGINNING, ALL DUPAGE COUNTY, |
ILLINOIS.
|
(Source: P.A. 92-525, eff. 2-8-02.)
|
(was 735 ILCS 5/7-103.142)
|
Sec. 25-7-103.142
7-103.142 . Quick-take; Village of Mount |
Prospect. Quick-take
proceedings under Article 20
Section |
7-103 may be used for a period of 12 months after the
effective |
date of this amendatory Act of the 92nd General Assembly by the
|
Village of Mount Prospect for the acquisition of the following |
described
property for the purpose of constructing a new |
village hall and public parking
facility:
|
PARCEL 1: THE EAST 50 FEET OF LOT 12 IN BLOCK 4 OF BUSSE AND |
WILLE'S
RESUBDIVISION IN MOUNT PROSPECT IN THE WEST 1/2 OF |
SECTION 12,
TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD |
PRINCIPAL
MERIDIAN, IN COOK COUNTY, ILLINOIS.
|
PARCEL 2: THE SOUTH 32 FEET OF LOT 13 (EXCEPT THE WEST 96 |
FEET
THEREOF) IN BLOCK 4 IN BUSSE AND WILLE'S RESUBDIVISION |
IN MOUNT
PROSPECT IN THE WEST 1/2 OF SECTION 12, TOWNSHIP |
41 NORTH, RANGE
11, EAST OF THE THIRD PRINCIPAL MERIDIAN, |
ACCORDING TO THE PLAT
THEREOF RECORDED MARCH 31, 1906 AS |
DOCUMENT 3839591, IN COOK
COUNTY, ILLINOIS.
|
TAX I.D. NUMBERS: 08-12-103-019 AND 08-12-103-027.
|
and ALL RIGHTS, TITLE, EASEMENTS, LICENSES OR INTERESTS
|
WHATSOEVER FOR INGRESS, EGRESS AND PARKING OVER, UPON AND
|
ACROSS THE REAL PROPERTY IDENTIFIED BELOW:
|
PARCEL 1: LOT 13 (EXCEPT THE SOUTH 65 FEET THEREOF) IN |
BLOCK 4 IN
BUSSE AND WILLE'S RESUBDIVISION OF MOUNT |
PROSPECT IN THE WEST
1/2 OF SECTION 12, TOWNSHIP 41 NORTH, |
RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO |
THE PLAT THEREOF RECORDED
MARCH 31, 1906 AS DOCUMENT NUMBER |
3839591 IN COOK COUNTY,
ILLINOIS.
|
|
PARCEL 2: THE NORTH 33 FEET OF THE SOUTH 65 FEET OF LOT 13 |
IN BLOCK
4 IN BUSSE AND WILLE'S RESUBDIVISION OF MOUNT |
PROSPECT IN THE
WEST 1/2 OF SECTION 12, TOWNSHIP 41 NORTH, |
RANGE 11 EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN COOK |
COUNTY, ILLINOIS.
|
PARCEL 3: LOT 8, 9, 10 AND 11 BLOCK 4 IN BUSSE AND WILLE'S
|
RESUBDIVISION IN MOUNT PROSPECT IN WEST 1/2 OF SECTION 12,
|
TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL |
MERIDIAN,
IN COOK COUNTY, ILLINOIS.
|
PARCEL 4: THE WEST 96 FEET OF THE SOUTH 32 FEET OF LOT 13 |
BLOCK 4 IN
BUSSE AND WILLE'S RESUBDIVISION IN MOUNT |
PROSPECT IN WEST 1/2 OF
SECTION 12, TOWNSHIP 41 NORTH, |
RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN COOK |
COUNTY, ILLINOIS.
|
PARCEL 5: LOT 12, (EXCEPT THE EAST 50 FEET THEREOF) BLOCK 4 |
IN BUSSE
AND WILLE'S RESUBDIVISION IN MOUNT PROSPECT IN |
WEST 1/2 OF
SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF |
THE THIRD
PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
|
TAX I.D. NUMBERS: 08-12-103-020, 08-12-103-021, |
08-12-103-025, 08-12-103-026,
08-12-103-014, |
08-12-103-017, 08-12-103-032, and 08-12-103-031.
|
(Source: P.A. 92-525, eff. 2-8-02.)
|
(was 735 ILCS 5/7-103.143)
|
Sec. 25-7-103.143
7-103.143 . Quick-take; City of Neoga. |
Quick-take proceedings under
Article 20
Section 7-103 may be |
used for a period of 12 months after the effective date of
this |
amendatory Act of the 92nd General Assembly by the City of |
Neoga for the
acquisition of temporary and permanent easements |
across a portion of the
following described property for
the |
purpose of extending the municipal water works system:
|
1. BEGINNING AT THE POINT
OF INTERSECTION OF THE SOUTH LINE |
OF THE SOUTH 1/2 OF THE NORTH 1/2 OF
THE SE l/4 OF SEC. 18, |
T. 10 N., R. 7 E. OF THE 3RD P.M., AND THE EASTERLY
|
RIGHT-OF-WAY LINE OF STATE ROUTE NO. 45; THENCE EAST 300 |
FEET; THENCE
NORTHERLY, 275 FEET, PARALLEL WITH THE |
|
EASTERLY RIGHT-OF-WAY LINE OF
SAID STATE ROAD; THENCE WEST |
300 FEET; THENCE SOUTHERLY, ALONG SAID
EAST RIGHT-OF-WAY |
LINE TO THE POINT OF BEGINNING CONTAINING 2 ACRES,
MORE OR |
LESS, ALL SITUATED IN THE COUNTY OF CUMBERLAND AND STATE OF
|
ILLINOIS.
|
2. A PART OF THE NE 1/4 OF
SEC. 19, T. 10 N., R. 7 E. OF THE |
3RD P.M., MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
|
BEGINNING AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE |
OF U.S. ROUTE
NO. 45 AND THE
NORTH LINE OF SEC. 19, T. 10 |
N., R. 7 E. OF THE 3RD P.M., BEING AN IRON
PIN;
THENCE S. |
90° 42'02" E., ASSUMED, ALONG THE NORTH LINE OF SAID |
SECTION
19,
A DISTANCE OF 485.09 FEET TO AN IRON PIN; |
THENCE S. 00° 12'50" E., A
DISTANCE
OF 503.64 FEET TO AN |
IRON PIN; THENCE N. 89° 42'02" W., PARALLEL WITH
THE NORTH |
LINE OF SAID SECTION 19 TO THE EAST RIGHT-OF-WAY LINE OF |
U.S.
ROUTE NO. 45, A DISTANCE OF 671.23 FEET TO AN IRON |
PIN; THENCE N.
20° 07'52" E., ALONG THE EAST LINE OF U.S. |
ROUTE NO. 45, A DISTANCE OF
535.37
FEET TO THE POINT OF |
BEGINNING, ALL SITUATED IN THE COUNTY OF
CUMBERLAND AND |
STATE OF ILLINOIS.
|
3. ALL THAT PART OF THE
SOUTH 1/2
OF THE SE 1/4 OF
SEC. 18, |
T. 10 N., R. 7 E. OF THE
3RD P.M., THAT LIES EAST OF
THE |
RIGHT-OF-WAY OF THE ILLINOIS CENTRAL RAILROAD
COMPANY, |
CONTAINING 60 ACRES MORE OR LESS, AND ALSO,
THE SOUTH 1/2
|
OF THE
NORTH 1/2
OF THE SE 1/4 OF
SEC. 18, T. 10 N., R. 7 E. |
OF THE
3RD P.M., LYING EAST OF THE
RIGHT-OF-WAY OF THE |
ILLINOIS CENTRAL RAILROAD,
CONTAINING 22 1/2 ACRES MORE OR |
LESS, EXCEPT BEGINNING AT THE
POINT OF INTERSECTION OF THE
|
SOUTH LINE OF THE SOUTH 1/2 OF THE NORTH 1/2
OF THE SE 1/4
|
OF SEC. 18, T. 10 N., R. 7 E. OF THE 3RD P.M. AND
THE |
EASTERLY RIGHT-OF WAY LINE OF STATE ROUTE NO. 45; THENCE |
EAST 300
FEET; THENCE NORTHERLY 275 FEET PARALLEL WITH THE |
EASTERLY RIGHT-OF-WAY LINE OF
SAID STATE ROAD; THENCE WEST |
300 FEET; THENCE SOUTHERLY,
ALONG SAID EAST RIGHT-OF-WAY |
LINE TO THE POINT OF BEGINNING
CONTAINING 2 ACRES, MORE OR |
LESS,
|
|
ALL SITUATED IN THE COUNTY OF CUMBERLAND AND STATE OF |
ILLINOIS.
|
4. ALL THAT PART OF THE SW 1/4 OF SEC. 19, T. 10 N., R. 7 E. |
OF THE
3RD
P.M.,
LYING EAST OF THE RIGHT-OF WAY-OF THE |
ILLINOIS CENTRAL RAILROAD,
CONTAINING 70 ACRES, MORE OR |
LESS,
|
ALL SITUATED IN THE COUNTY OF CUMBERLAND AND STATE OF |
ILLINOIS.
|
5. ALL THAT PART OF THE NORTH 1/2
OF SEC. 19, LYING EAST OF |
THE ILLINOIS
CENTRAL RAILROAD COMPANY RIGHT-OF-WAY, T. 10 |
N., R. 7 E. OF THE 3RD P.M.,
EXCEPT,
|
BEGINNING AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE |
OF U.S.
ROUTE NO. 45 AND THE NORTH LINE OF SEC. 19, T. 10 |
N., R. 7 E. OF THE 3RD
P.M.
BEING AN IRON PIN THENCE S. 90° |
42'02" E., ASSUMED, ALONG THE NORTH LINE
SAID SECTION 19. A |
DISTANCE OF 485.09 FEET TO AN IRON PIN; THENCE S.
00° |
12'50"
E., A DISTANCE OF 503.64 FEET TO AN IRON PIN; THENCE |
N. 89° 42'02" W.
PARALLEL WITH THE NORTH LINE OF SAID |
SECTION 19 TO THE EAST
RIGHT-OF-WAY LINE OF U.S. ROUTE NO. |
45. A DISTANCE OF 671.23 FEET TO AN
IRON PIN; THENCE N. 20° |
07'52" E., ALONG THE EAST LINE OF U.S. ROUTE NO.
45, A
|
DISTANCE OF 535.37 FEET TO THE POINT OF BEGINNING.
|
SUBJECT TO CONVEYANCE FOR FAI ROUTE 57. ALL SITUATED IN THE |
COUNTY OF
CUMBERLAND IN THE STATE OF ILLINOIS.
|
(Source: P.A. 92-525, eff. 2-8-02.)
|
(was 735 ILCS 5/7-103.144)
|
Sec. 25-7-103.144
7-103.144 . Quick-take; Village of |
Plainfield. Quick-take proceedings
under Article 20
Section |
7-103 may be used for a period of 12 months after the effective
|
date of this amendatory Act of the 92nd General Assembly by the |
Village of
Plainfield for the acquisition of the following |
described property for the
purpose of making public |
improvements to construct road, water, sewer, and
drainage |
systems to serve existing and planned park and school sites:
|
Parcel #1: THE NORTH 30.00 FEET OF THAT PART OF THE |
|
NORTHEAST
QUARTER OF SECTION 32, TOWNSHIP 37 NORTH, RANGE |
9, EAST OF THE
THIRD PRINCIPAL MERIDIAN LYING WESTERLY AND |
SOUTHERLY OF THE
HIGHWAY KNOWN AS LINCOLN HIGHWAY OR UNITED |
STATES ROUTE 30;
AND ALSO THAT PART OF THE WEST HALF OF THE |
NORTHEAST QUARTER
OF SAID QUARTER SECTION LYING EASTERLY |
AND NORTHERLY OF THE
ELGIN, JOLIET AND EASTERN RAILWAY |
COMPANY, EXCEPTING
THEREFROM THAT PART THEREOF CONVEYED TO |
PUBLIC SERVICE
COMPANY OF NORTHERN ILLINOIS BY DEED |
DOCUMENT 402715,
RECORDED JANUARY 22, 1927; AND ALSO |
EXCEPTING THEREFROM THAT
PART THEREOF CONVEYED TO |
COMMONWEALTH EDISON COMPANY, A
CORPORATION OF ILLINOIS BY |
WARRANTY DEED RECORDED OCTOBER 16,
1962 AS DOCUMENT 968125 |
IN WILL COUNTY, ILLINOIS. PIN #01-32-200-001.
|
Parcel #2: THE NORTH 30.00 FEET OF A STRIP OF LAND LYING |
BETWEEN
THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE ELGIN, |
JOLIET AND
EASTERN RAILROAD AND THE NORTHEASTERLY RIGHT OF |
WAY LINE OF
U.S. ROUTE 30 IN THE NORTHEAST QUARTER OF |
SECTION 32, TOWNSHIP 37
NORTH, RANGE 9, EAST OF THE THIRD |
PRINCIPAL MERIDIAN, IN WILL
COUNTY, ILLINOIS. PIN |
#01-32-200-002.
|
Parcel #3: THE NORTH 30.00 FEET OF THAT PART THE WEST HALF |
OF THE
NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 37 NORTH, |
RANGE 9,
EAST OF THE THIRD PRINCIPAL MERIDIAN LYING |
SOUTHWESTERLY OF
AND COINCIDENT WITH LANDS CONVEYED TO |
PUBLIC SERVICE COMPANY
OF NORTHERN ILLINOIS BY WARRANTY |
DEED RECORDED JANUARY 22,
1927 AS DOCUMENT 402715, AND |
LYING NORTHEASTERLY OF AND
COINCIDENT WITH LANDS CONVEYED |
TO SADDLE SIGNS, INC. BY QUIT
CLAIM DEED RECORDED AUGUST |
14, 1998 AS DOCUMENT R98-094655, IN
WILL COUNTY, ILLINOIS. |
PIN #01-32-500-001.
|
Parcel #4: THE NORTH 30 FEET OF THE FOLLOWING DESCRIBED
|
PROPERTY: THAT PART OF THE WEST HALF OF THE NORTHEAST |
QUARTER
OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 9, EAST OF |
THE THIRD
PRINCIPAL MERIDIAN, LYING EASTERLY OF AND |
IMMEDIATELY
ADJACENT TO THE EASTERLY RIGHT-OF-WAY LINE OF |
LAND CONVEYED
TO COMMONWEALTH EDISON COMPANY, SUCCESSOR BY |
|
MERGER OF
PUBLIC SERVICE COMPANY OF NORTHERN ILLINOIS, BY |
WARRANTY DEED
RECORDED JANUARY 22, 1927, AS DOCUMENT NO. |
402715, AND LYING
WESTERLY OF A LINE 40 FEET EASTERLY OF |
MEASURED AT RIGHT ANGLES
TO AND PARALLEL WITH SAID EASTERLY |
RIGHT-OF-WAY LINE, IN WILL
COUNTY, ILLINOIS, AND ALSO
THE |
NORTH 30 FEET OF THE FOLLOWING DESCRIBED PROPERTY: A
PARCEL |
OF LAND IN THE WEST HALF OF THE NORTHEAST QUARTER OF
|
SECTION 32, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD |
PRINCIPAL
MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS: |
BEGINNING AT THE
INTERSECTION OF THE NORTHEASTERLY |
RIGHT-OF-WAY LINE OF THE
ELGIN, JOLIET AND EASTERN RAILWAY |
COMPANY WITH THE EAST LINE
OF THE WEST HALF OF THE |
NORTHEAST QUARTER OF SAID SECTION;
THENCE NORTHWESTERLY |
ALONG THE NORTHEASTERLY RIGHT-OF-WAY
LINE OF SAID RAILWAY |
COMPANY TO A POINT IN THE NORTH SECTION
LINE OF SAID |
SECTION WHICH IS 825.52 FEET EAST OF THE NORTHWEST
CORNER |
OF THE NORTHEAST QUARTER OF SAID SECTION; THENCE EAST
ALONG |
THE NORTH SECTION LINE OF SAID SECTION, 167.34 FEET; THENCE
|
SOUTHEASTERLY ALONG A LINE PARALLEL WITH THE NORTHEASTERLY
|
RIGHT-OF-WAY LINE OF SAID RAILWAY COMPANY TO A POINT IN THE
|
EAST LINE OF THE WEST HALF OF NORTHEAST QUARTER OF SAID |
SECTION
WHICH IS 347.07 FEET NORTH OF THE POINT OF |
BEGINNING: THENCE
SOUTH TO THE POINT OF BEGINNING, IN WILL |
COUNTY, ILLINOIS. PIN # 01-32-200-003.
|
Parcel #5: THE NORTH 30 FEET OF THAT PART OF THE EAST HALF |
OF THE
NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 37 NORTH, |
RANGE 9
EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING |
NORTHEASTERLY OF
THE NORTHEASTERLY LINE OF LAND CONVEYED TO |
COMMONWEALTH
EDISON COMPANY, A CORPORATION OF ILLINOIS BY |
WARRANTY DEED
RECORDED NOVEMBER 13, 1952 AS DOCUMENT NO. |
970766, IN WILL
COUNTY, ILLINOIS. PIN #01-32-200-005.
|
Parcel # 6: THE NORTH 30 FEET OF THE NORTHWEST QUARTER OF
|
SECTION 33, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD |
PRINCIPAL
MERIDIAN, WILL COUNTY, ILLINOIS. PIN |
#01-33-100-006.
|
Parcel #7: THE WEST 50 FEET OF THE SOUTH 670 FEET OF THE
|
|
NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 37 NORTH, RANGE 9
|
EAST OF THE THIRD PRINCIPAL MERIDIAN. PIN #01-33-200-002.
|
Parcel #8: THE WEST 160.00 FEET OF THE SOUTHWEST QUARTER OF |
THE
SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 36 NORTH, |
RANGE 9 EAST
OF THE THIRD PRINCIPAL MERIDIAN, (EXCEPTING |
THEREFROM THAT PART
CONVEYED FOR ROADWAY PURPOSES BY |
DOCUMENT NUMBER 484643,
RECORDED APRIL 23, 1935), IN WILL |
COUNTY, ILLINOIS. PIN #03-08-400-006.
|
(Source: P.A. 92-525, eff. 2-8-02.)
|
(was 735 ILCS 5/7-103.145)
|
Sec. 25-7-103.145
7-103.145 . Quick-take; City of Champaign |
and Champaign County. Quick-take proceedings under Article 20
|
Section 7-103 may be used to acquire real
property, including |
fee simple and temporary and permanent easements, for the
|
Olympian Drive construction and reconstruction project for a |
period of 12
months after the effective date of this amendatory |
Act of the 92nd General
Assembly by the City of Champaign or by |
the County of Champaign for acquisition
of any portion of the |
following described property:
|
Land lying within a corridor bounded by a line 200 feet on |
either side of the
existing line of Olympian Drive (also |
known as TR151) between Mattis Avenue and
Market Avenue in |
Hensley Township in Champaign County; and also land lying
|
within a corridor bounded by a line 200 feet on either side |
of the center line
of Mattis Avenue, Farber Drive, Prospect |
Avenue, Neil Street (extended), and
Market Street for a |
distance of 1,000 feet north and south of the right-of-way
|
lines of Olympian Drive on each of the named roadways, all |
located within
Hensley Township in Champaign County.
|
(Source: P.A. 92-525, eff. 2-8-02.)
|
(was 735 ILCS 5/7-103.146)
|
Sec. 25-7-103.146
7-103.146 . Quick-take; Village of |
Plainfield. Quick-take proceedings
under Article 20
Section |
7-103 may
be used by the Village of Plainfield for a period of |
|
12 months after the
effective date of this amendatory Act
of |
the 92nd General Assembly to acquire any portion of the |
following described
property for a 30-foot
sanitary sewer |
easement:
|
THAT PART OF THE FRACTIONAL SOUTHEAST QUARTER OF FRACTIONAL
|
SECTION 8, & TOWNSHIP 36 NORTH, RANGE 9 EAST OF THE THIRD |
PRINCIPAL
MERIDIAN, LYING NORTH OF THE INDIAN BOUNDARY |
LINE, DESCRIBED AS
COMMENCING AT THE SOUTHWEST CORNER OF |
SAID SOUTHEAST QUARTER;
THENCE SOUTH 89 DEGREES 35 MINUTES |
10 SECONDS EAST, ON SAID SOUTH
LINE, 1941.46 FEET, TO THE |
WEST LINE OF PARCEL A PER CONDEMNATION CASE
W66G730H; |
THENCE NORTH 01 DEGREE 06 MINUTES 43 SECONDS WEST, ON SAID
|
WEST LINE, 61.62 FEET, TO THE NORTHERLY RIGHT-OF-WAY LINE |
OF ILLINOIS
ROUTE 126. PER DOCUMENT NO. 484643, FOR THE |
POINT OF BEGINNING; THENCE
CONTINUING NORTH 01 DEGREE 06 |
MINUTES 43 SECONDS WEST, 30.00 FEET, TO A
POINT 30.00 FEET |
NORTH OF, AS MEASURED PERPENDICULAR TO, SAID NORTH
|
RIGHT-OF-WAY; THENCE SOUTH 89 DEGREES 29 MINUTES 41 SECONDS |
WEST,
PARALLEL WITH SAID NORTH RIGHT-OF-WAY, 482.39 FEET, |
TO A POINT 30.00 FEET
NORTH OF AN ANGLE POINT IN SAID |
RIGHT-OF-WAY; THENCE NORTH 89
DEGREES 55 MINUTES 28 SECONDS |
WEST, PARALLEL WITH SAID NORTH RIGHT-OF-WAY,
1297.00 FEET, |
TO THE EAST LINE OF THE WEST 160.00 FEET OF THE
SOUTHWEST |
QUARTER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 00
DEGREES |
11 MINUTES 55 SECONDS WEST, ON SAID EAST LINE, 30.00 FEET, |
TO THE
NORTH RIGHT-OF-WAY AFORESAID; THENCE SOUTH 89 |
DEGREES 55 MINUTES 28
SECONDS EAST, ON SAID NORTH |
RIGHT-OF-WAY, 1297.22 FEET, TO AN ANGLE
POINT IN SAID |
RIGHT-OF-WAY; THENCE NORTH 89 DEGREES 29 MINUTES 41
SECONDS |
EAST, ON SAID NORTH RIGHT-OF-WAY, 482.86 FEET, TO THE POINT |
OF
BEGINNING, ALL IN WILL COUNTY, ILLINOIS. PIN NO. |
03-08-400-005.
|
(Source: P.A. 92-525, eff. 2-8-02.)
|
(was 735 ILCS 5/7-103.147)
|
Sec. 25-7-103.147
7-103.147 . Quick-take; City of West |
|
Chicago. Quick-take proceedings
under
Article 20
Section 7-103
|
may be used for a period of 12 months after the effective date |
of
this
amendatory Act of the 92nd General Assembly by the City |
of West Chicago for the
acquisition of the following described |
property for the purpose of constructing
a water treatment |
plant:
|
Lots 1 and 2 in Owen Larson's subdivision, of part of the |
northwest 1/4
of Section 5, Township 39 North, Range 9, |
East of the Third Principal Meridian,
According to the Plat |
thereof Recorded November 10, 1992 as Document
R92-217425, |
in DuPage County, Illinois. Permanent Parcel Numbers |
04-05-200-036
and 04-05-200-037.
|
(Source: P.A. 92-525, eff. 2-8-02.)
|
(was 735 ILCS 5/7-103.148)
|
Sec. 25-7-103.148
7-103.148 . Quick-take; Village of |
Melrose Park. Quick-take
proceedings under Article 20
Section |
7-103 may be used for a period of 12 months after the
effective |
date of this amendatory Act of the 92nd General Assembly by the
|
Village of Melrose Park for the acquisition of the following |
described property
for the purpose of constructing a parking |
facility
and training facility
for use by the Village of
|
Melrose Park Fire Prevention Bureau and Fire Station:
|
LOT 8 (EXCEPT THE NORTH 51.0 FEET THEREOF) IN HEATH'S
|
RESUBDIVISION OF LOTS H, K, R AND S OF BLOCK 7 IN HENRY
|
SOFFEL'S THIRD ADDITION TO MELROSE PARK IN THE EAST 1/2 OF
|
SECTION 4, TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD
|
PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. REAL ESTATE
|
TAX NUMBER 15-04-303-058.
|
(Source: P.A. 92-525, eff. 2-8-02.)
|
(was 735 ILCS 5/7-103.149)
|
Sec. 25-7-103.149
7-103.149 . Quick-take; O'Hare |
Modernization Program purposes. Quick-take
proceedings under |
Article 20
Section 7-103 may be used by the City of Chicago
for |
the purpose of acquiring property
within the area
bounded on |
|
the north, between Carmen Drive and the Union Pacific/Canadian
|
Pacific Railroad, by Old Higgins Road, and between Old Higgins |
Road and Touhy
Avenue, by the Union Pacific/Canadian Pacific |
Railroad, and east of the Union
Pacific/Canadian Pacific |
Railroad by the northern boundary of O'Hare existing
on January |
1, 2003; on the east by the eastern boundary of O'Hare existing |
on
January 1, 2003; on the southeast by the southeastern |
boundary of O'Hare
existing on January 1, 2003; on the south |
between the eastern boundary of
O'Hare and the Union Pacific |
Railroad by the southern boundary of O'Hare
existing on January |
1, 2003; on the south, between the Union Pacific Railroad
and |
the east boundary of York Road by the Canadian
Pacific railroad |
yard; on the west, between the Canadian Pacific Railroad Yard
|
and the railroad spur intersecting York Road between Arthur and |
Pratt Avenues,
by the east boundary of York Road; and on the |
northwest, between York Road and
the Union Pacific/Canadian |
Pacific Railroad, by the railroad spur, and between
the
|
railroad spur and the point at which the extended eastern |
boundary of Carmen
Drive
intersects the Union Pacific/Canadian |
Pacific Railroad, by the Union
Pacific/Canadian Pacific |
Railroad, and between the Union Pacific/Canadian
Pacific |
Railroad and Old Higgins Road, by the extended eastern boundary |
of
Carmen Drive and by Carmen Drive,
for the O'Hare |
Modernization
Program as
defined in Section 10 of the O'Hare |
Modernization Act.
|
(Source: P.A. 93-450, eff. 8-6-03.)
|
Article 90. Miscellaneous Provisions |
Section 90-5-5. Applicability. This Act applies only to |
complaints to condemn that are filed on or after its effective |
date. |
Section 90-5-10. Continuation of prior statutes. The |
provisions of this Act, insofar as they are the same or |
substantially the same as those of any prior statute, shall be |
|
construed as a continuation of that prior statute and not as a |
new enactment, except as those provisions may be limited by |
other provisions of this Act. |
Section 90-5-15. Strict construction. This Act shall be |
strictly construed as a limitation on the exercise of eminent |
domain powers. |
Section 90-5-20. Home rule. The authorization of the use of |
eminent domain proceedings to take or damage property is an |
exclusive power and function of the State. No condemning |
authority, including a home rule unit, may exercise the power |
of eminent domain otherwise than as provided in this Act. This |
Act is a denial and limitation of home rule powers and |
functions under subsection (h) of Section 6 of Article VII of |
the Illinois Constitution.
|
Section 90-5-90. Formatting in Senate Bill 3086. Most of |
the provisions of Articles 10, 20, and 25 of this Act are |
derived from Article VII of the Code of Civil Procedure. In the |
Bill creating this Act, the provisions so derived have been |
shown in amendatory format, that is, (i) the changes made to |
those provisions, as they existed in the Code of Civil |
Procedure on the date that the Bill was prepared, have been |
shown with striking and underscoring in the manner commonly |
used in amendatory Acts; (ii) the Section of the Code of Civil |
Procedure from which the material is derived is shown in the |
"was" citation at the beginning of the Section; and (iii) the |
Source information from the Code of Civil Procedure has been |
retained at the end of the Section. Sections not shown in |
amendatory format are new. |
Article 95. Amendatory Provisions
|
Part 1. Repealer and Mandate Exemption |
|
(735 ILCS 5/Art. VII rep.)
|
Section 95-1-5. The Code of Civil Procedure is amended by |
repealing Article VII. |
Section 95-1-10. The State Mandates Act is amended by |
adding Section 8.30 as follows: |
(30 ILCS 805/8.30 new) |
Sec. 8.30. Exempt mandate. Notwithstanding Sections 6 and 8 |
of this Act, no reimbursement by the State is required for the |
implementation of any mandate created by this amendatory Act of |
the 94th General Assembly. |
Part 5. Power Subject to Act |
Section 95-5-2. The Intergovernmental Cooperation Act is |
amended by adding Section 7.5 as follows: |
(5 ILCS 220/7.5 new)
|
Sec. 7.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act.
|
Section 95-5-5. The National Forest Land Act is amended by |
adding Section 5 as follows: |
(5 ILCS 585/5 new) |
Sec. 5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-10. The Secretary of State Buildings in Cook |
|
County Act is amended by adding Section 3 as follows: |
(15 ILCS 330/3 new) |
Sec. 3. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-15. The Civil Administrative Code of Illinois |
is amended by adding Section 5-680 as follows: |
(20 ILCS 5/5-680 new) |
Sec. 5-680. Eminent domain. Notwithstanding any other |
provision of this Code, any power granted under this Code to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-20. The Economic Development Area Tax |
Increment Allocation Act is amended by adding Section 9.5 as |
follows: |
(20 ILCS 620/9.5 new) |
Sec. 9.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-25. The Particle Accelerator Land Acquisition |
Act is amended by adding Section 1.5 as follows: |
(20 ILCS 685/1.5 new) |
Sec. 1.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
|
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-30. The State Parks Act is amended by adding |
Section 2.5 as follows: |
(20 ILCS 835/2.5 new) |
Sec. 2.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-35. The Illinois Coal and Energy Development |
Bond Act is amended by adding Section 3.05 as follows: |
(20 ILCS 1110/3.05 new) |
Sec. 3.05. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-40. The Abandoned Mined Lands and Water |
Reclamation Act is amended by adding Section 2.14 as follows: |
(20 ILCS 1920/2.14 new) |
Sec. 2.14. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-45. The Capital Development Board Act is |
amended by adding Section 9.08c as follows: |
|
(20 ILCS 3105/9.08c new) |
Sec. 9.08c. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-50. The Building Authority Act is amended by |
adding Section 5.2 as follows: |
(20 ILCS 3110/5.2 new) |
Sec. 5.2. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-55. The Illinois Pension Code is amended by |
adding Section 15-167.4 as follows: |
(40 ILCS 5/15-167.4 new) |
Sec. 15-167.4. Eminent domain. Notwithstanding any other |
provision of this Code, any power granted under this Code to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-60. The Quad Cities Interstate Metropolitan |
Authority Compact Act is amended by adding Section 4 as |
follows: |
(45 ILCS 30/4 new) |
Sec. 4. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
|
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-65. The Quad Cities Interstate Metropolitan |
Authority Act is amended by adding Section 42 as follows: |
(45 ILCS 35/42 new) |
Sec. 42. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-70. The Bi-State Development Powers Act is |
amended by adding Section 1.5 as follows: |
(45 ILCS 110/1.5 new) |
Sec. 1.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-75. The Public Building Commission Act is |
amended by adding Section 14.3 as follows: |
(50 ILCS 20/14.3 new) |
Sec. 14.3. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-80. The Exhibition Council Act is amended by |
adding Section 6.4a as follows: |
|
(50 ILCS 30/6.4a new) |
Sec. 6.4a. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-85. The Local Government Property Transfer |
Act is amended by adding Section 5 as follows: |
(50 ILCS 605/5 new) |
Sec. 5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-90. The Counties Code is amended by adding |
Section 5-1128 as follows: |
(55 ILCS 5/5-1128 new) |
Sec. 5-1128. Eminent domain. Notwithstanding any other |
provision of this Code, any power granted under this Code to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-95. The County Economic Development Project |
Area Property
Tax Allocation Act is amended by adding Section |
9.5 as follows: |
(55 ILCS 85/9.5 new) |
Sec. 9.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
|
Domain Act. |
Section 95-5-100. The County Economic Development Project |
Area Tax Increment
Allocation Act of 1991 is amended by adding |
Section 62 as follows: |
(55 ILCS 90/62 new) |
Sec. 62. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-105. The Township Code is amended by adding |
Section 85-12 as follows: |
(60 ILCS 1/85-12 new) |
Sec. 85-12. Eminent domain. Notwithstanding any other |
provision of this Code, any power granted under this Code to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-110. The Illinois Municipal Code is amended by |
adding Section 11-61-4 as follows: |
(65 ILCS 5/11-61-4 new) |
Sec. 11-61-4. Eminent domain. Notwithstanding any other |
provision of this Code, any power granted under this Code to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-115. The Revised Cities and Villages Act of |
1941 is amended by adding Section 21-19.5 as follows: |
|
(65 ILCS 20/21-19.5 new) |
Sec. 21-19.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-125. The Sports Stadium Act is amended by |
adding Section 3.5 as follows: |
(65 ILCS 100/3.5 new) |
Sec. 3.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-130. The Economic Development Project Area |
Tax Increment Allocation Act of
1995 is amended by adding |
Section 62 as follows: |
(65 ILCS 110/62 new) |
Sec. 62. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-135. The Airport Authorities Act is amended by |
adding Section 9.05 as follows: |
(70 ILCS 5/9.05 new) |
Sec. 9.05. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
|
Domain Act. |
Section 95-5-140. The Interstate Airport Authorities Act |
is amended by adding Section 4.5 as follows: |
(70 ILCS 10/4.5 new) |
Sec. 4.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-145. The Kankakee River Valley Area Airport |
Authority Act is amended by adding Section 3.5 as follows: |
(70 ILCS 15/3.5 new) |
Sec. 3.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-150. The Civic Center Code is amended by |
changing Section 2-20 and by adding Sections 10-15.5, 20-17, |
75-22, 80-17, 125-17, 155-17, 170-22, 185-17, 200-17, 205-17, |
215-17, 255-22, 265-22, and 280-22 as follows:
|
(70 ILCS 200/2-20)
|
Sec. 2-20. Rights and powers, including eminent domain. The |
Authority
shall have the following
rights and powers:
|
(a) To acquire, purchase, own, construct, lease as lessee |
or in any other
way acquire, improve, extend, repair, |
reconstruct, regulate, operate, equip
and maintain exhibition |
centers, civic auditoriums, cultural facilities
and office |
buildings, including sites and parking areas and commercial
|
facilities therefor located within the metropolitan area;
|
|
(b) To plan for such grounds, centers and auditoriums and |
to plan, sponsor,
hold, arrange and finance fairs, industrial, |
cultural, educational, trade
and scientific exhibits, shows |
and events and to use or allow the use
of such grounds, |
centers, and auditoriums
for the holding of fairs, exhibits, |
shows and events whether conducted
by the Authority or some |
other person
or governmental agency;
|
(c) To exercise the right of eminent domain to acquire |
sites for such
grounds, centers, buildings and auditoriums, and |
parking areas and facilities
in the
manner provided for the |
exercise of the right of eminent domain under Article
VII of |
the Code of Civil Procedure, as amended;
|
(d) To fix and collect just, reasonable and |
nondiscriminatory charges
and rents for the use of such parking |
areas and facilities, grounds, centers,
buildings and
|
auditoriums and admission charges to fairs, shows, exhibits and |
events
sponsored
or held by the Authority. The charges |
collected may be made available
to defray the reasonable |
expenses of the Authority and to pay the principal
of and the |
interest on any bonds issued by the Authority;
|
(e) To enter into contracts treating in any manner with the |
objects and
purposes of this Article.
|
(f) Notwithstanding any other provision of this Article, |
any power granted under this Article to acquire property by |
condemnation or eminent domain is subject to, and shall be |
exercised in accordance with, the Eminent Domain Act.
|
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/10-15.5 new) |
Sec. 10-15.5. Eminent domain. Notwithstanding any other |
provision of this Article, any power granted under this Article |
to acquire property by condemnation or eminent domain is |
subject to, and shall be exercised in accordance with, the |
Eminent Domain Act. |
(70 ILCS 200/20-17 new) |
|
Sec. 20-17. Eminent domain. Notwithstanding any other |
provision of this Article, any power granted under this Article |
to acquire property by condemnation or eminent domain is |
subject to, and shall be exercised in accordance with, the |
Eminent Domain Act. |
(70 ILCS 200/75-22 new) |
Sec. 75-22. Eminent domain. Notwithstanding any other |
provision of this Article, any power granted under this Article |
to acquire property by condemnation or eminent domain is |
subject to, and shall be exercised in accordance with, the |
Eminent Domain Act. |
(70 ILCS 200/80-17 new) |
Sec. 80-17. Eminent domain. Notwithstanding any other |
provision of this Article, any power granted under this Article |
to acquire property by condemnation or eminent domain is |
subject to, and shall be exercised in accordance with, the |
Eminent Domain Act. |
(70 ILCS 200/125-17 new) |
Sec. 125-17. Eminent domain. Notwithstanding any other |
provision of this Article, any power granted under this Article |
to acquire property by condemnation or eminent domain is |
subject to, and shall be exercised in accordance with, the |
Eminent Domain Act. |
(70 ILCS 200/155-17 new) |
Sec. 155-17. Eminent domain. Notwithstanding any other |
provision of this Article, any power granted under this Article |
to acquire property by condemnation or eminent domain is |
subject to, and shall be exercised in accordance with, the |
Eminent Domain Act. |
(70 ILCS 200/170-22 new) |
Sec. 170-22. Eminent domain. Notwithstanding any other |
|
provision of this Article, any power granted under this Article |
to acquire property by condemnation or eminent domain is |
subject to, and shall be exercised in accordance with, the |
Eminent Domain Act. |
(70 ILCS 200/185-17 new) |
Sec. 185-17. Eminent domain. Notwithstanding any other |
provision of this Article, any power granted under this Article |
to acquire property by condemnation or eminent domain is |
subject to, and shall be exercised in accordance with, the |
Eminent Domain Act. |
(70 ILCS 200/200-17 new) |
Sec. 200-17. Eminent domain. Notwithstanding any other |
provision of this Article, any power granted under this Article |
to acquire property by condemnation or eminent domain is |
subject to, and shall be exercised in accordance with, the |
Eminent Domain Act. |
(70 ILCS 200/205-17 new) |
Sec. 205-17. Eminent domain. Notwithstanding any other |
provision of this Article, any power granted under this Article |
to acquire property by condemnation or eminent domain is |
subject to, and shall be exercised in accordance with, the |
Eminent Domain Act. |
(70 ILCS 200/215-17 new) |
Sec. 215-17. Eminent domain. Notwithstanding any other |
provision of this Article, any power granted under this Article |
to acquire property by condemnation or eminent domain is |
subject to, and shall be exercised in accordance with, the |
Eminent Domain Act. |
(70 ILCS 200/255-22 new) |
Sec. 255-22. Eminent domain. Notwithstanding any other |
provision of this Article, any power granted under this Article |
|
to acquire property by condemnation or eminent domain is |
subject to, and shall be exercised in accordance with, the |
Eminent Domain Act. |
(70 ILCS 200/265-22 new) |
Sec. 265-22. Eminent domain. Notwithstanding any other |
provision of this Article, any power granted under this Article |
to acquire property by condemnation or eminent domain is |
subject to, and shall be exercised in accordance with, the |
Eminent Domain Act. |
(70 ILCS 200/280-22 new) |
Sec. 280-22. Eminent domain. Notwithstanding any other |
provision of this Article, any power granted under this Article |
to acquire property by condemnation or eminent domain is |
subject to, and shall be exercised in accordance with, the |
Eminent Domain Act. |
Section 95-5-155. The Metropolitan Pier and Exposition |
Authority Act is amended by adding Section 5.3 as follows: |
(70 ILCS 210/5.3 new) |
Sec. 5.3. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-160. The Soil and Water Conservation |
Districts Act is amended by adding Section 22.04a as follows: |
(70 ILCS 405/22.04a new) |
Sec. 22.04a. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
|
Domain Act. |
Section 95-5-165. The Conservation District Act is amended |
by adding Section 12e as follows: |
(70 ILCS 410/12e new) |
Sec. 12e. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-170. The Fort Sheridan Redevelopment |
Commission Act is amended by adding Section 17 as follows: |
(70 ILCS 507/17 new) |
Sec. 17. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-175. The Southwestern Illinois Development |
Authority Act is amended by adding Section 8.5 as follows: |
(70 ILCS 520/8.5 new) |
Sec. 8.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-180. The Illinois Drainage Code is amended by |
adding Section 4-17.5 as follows: |
(70 ILCS 605/4-17.5 new) |
|
Sec. 4-17.5. Eminent domain. Notwithstanding any other |
provision of this Code, any power granted under this Code to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-185. The Chicago Drainage District Act is |
amended by adding Section 7 as follows: |
(70 ILCS 615/7 new) |
Sec. 7. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-190. The Fire Protection District Act is |
amended by adding Section 10.5 as follows: |
(70 ILCS 705/10.5 new) |
Sec. 10.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-195. The Downstate Forest Preserve District |
Act is amended by adding Section 6.5 as follows: |
(70 ILCS 805/6.5 new) |
Sec. 6.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
|
Section 95-5-200. The Cook County Forest Preserve District |
Act is amended by adding Section 8.5 as follows: |
(70 ILCS 810/8.5 new) |
Sec. 8.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-205. The Hospital District Law is amended by |
adding Section 15.4 as follows: |
(70 ILCS 910/15.4 new) |
Sec. 15.4. Eminent domain. Notwithstanding any other |
provision of this Law, any power granted under this Law to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-210. The Illinois Medical District Act is |
amended by adding Section 3.5 as follows: |
(70 ILCS 915/3.5 new) |
Sec. 3.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-215. The Tuberculosis Sanitarium District Act |
is amended by adding Section 5.05 as follows: |
(70 ILCS 920/5.05 new) |
Sec. 5.05. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
|
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-220. The Illinois Medical District at |
Springfield Act is amended by adding Section 22 as follows: |
(70 ILCS 925/22 new) |
Sec. 22. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-225. The Mosquito Abatement District Act is |
amended by adding Section 7.5 as follows: |
(70 ILCS 1005/7.5 new) |
Sec. 7.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-230. The Museum District Act is amended by |
adding Section 8.5 as follows: |
(70 ILCS 1105/8.5 new) |
Sec. 8.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-235. The Park District Code is amended by |
adding Section 8-1.2 as follows: |
|
(70 ILCS 1205/8-1.2 new) |
Sec. 8-1.2. Eminent domain. Notwithstanding any other |
provision of this Code, any power granted under this Code to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-240. The Park Commissioners Land Condemnation |
Act is amended by adding Section 2.5 as follows: |
(70 ILCS 1225/2.5 new) |
Sec. 2.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-245. The Park Commissioners Water Control Act |
is amended by adding Section 1-b as follows: |
(70 ILCS 1230/1-b new) |
Sec. 1-b. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-250. The Park Commissioners Street Control |
(1889) Act is amended by adding Section 2.5 as follows: |
(70 ILCS 1250/2.5 new) |
Sec. 2.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
|
Domain Act. |
Section 95-5-255. The Park District Aquarium and Museum Act |
is amended by adding Section 1.5 as follows: |
(70 ILCS 1290/1.5 new) |
Sec. 1.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-260. The Park District Airport Zoning Act is |
amended by adding Section 3 as follows: |
(70 ILCS 1305/3 new) |
Sec. 3. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-265. The Park District Elevated Highway Act is |
amended by adding Section 5.5 as follows: |
(70 ILCS 1310/5.5 new) |
Sec. 5.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-270. The Chicago Park District Act is amended |
by adding Section 15.5 as follows: |
(70 ILCS 1505/15.5 new) |
|
Sec. 15.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-275. The Lincoln Park Commissioners Land |
Condemnation Act is amended by adding Section 5.5 as follows: |
(70 ILCS 1570/5.5 new) |
Sec. 5.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-280. The Havana Regional Port District Act is |
amended by adding Section 8.5 as follows: |
(70 ILCS 1805/8.5 new) |
Sec. 8.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-285. The Illinois International Port District |
Act is amended by adding Section 7.5 as follows: |
(70 ILCS 1810/7.5 new) |
Sec. 7.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
|
Section 95-5-290. The Illinois Valley Regional Port |
District Act is amended by adding Section 13.5 as follows: |
(70 ILCS 1815/13.5 new) |
Sec. 13.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-295. The Jackson-Union Counties Regional Port |
District Act is amended by adding Section 5.05 as follows: |
(70 ILCS 1820/5.05 new) |
Sec. 5.05. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-300. The Joliet Regional Port District Act is |
amended by adding Section 5.05 as follows: |
(70 ILCS 1825/5.05 new) |
Sec. 5.05. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-305. The Kaskaskia Regional Port District Act |
is amended by adding Section 14.5 as follows: |
(70 ILCS 1830/14.5 new) |
Sec. 14.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
|
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-310. The Mt. Carmel Regional Port District Act |
is amended by adding Section 6.05 as follows: |
(70 ILCS 1835/6.05 new) |
Sec. 6.05. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-315. The Seneca Regional Port District Act is |
amended by adding Section 5.5 as follows: |
(70 ILCS 1845/5.5 new) |
Sec. 5.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-320. The Shawneetown Regional Port District |
Act is amended by adding Section 5.05 as follows: |
(70 ILCS 1850/5.05 new) |
Sec. 5.05. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-325. The Southwest Regional Port District Act |
is amended by adding Section 5.05 as follows: |
|
(70 ILCS 1855/5.05 new) |
Sec. 5.05. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-330. The Tri-City Regional Port District Act |
is amended by adding Section 5.05 as follows: |
(70 ILCS 1860/5.05 new) |
Sec. 5.05. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-335. The Waukegan Port District Act is amended |
by adding Section 5.5 as follows: |
(70 ILCS 1865/5.5 new) |
Sec. 5.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-340. The White County Port District Act is |
amended by adding Section 8.5 as follows: |
(70 ILCS 1870/8.5 new) |
Sec. 8.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
|
Domain Act. |
Section 95-5-345. The Railroad Terminal Authority Act is |
amended by adding Section 16.5 as follows: |
(70 ILCS 1905/16.5 new) |
Sec. 16.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-350. The Grand Avenue Railroad Relocation |
Authority Act is amended by adding Section 27 as follows: |
(70 ILCS 1915/27 new) |
Sec. 27. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-355. The River Conservancy Districts Act is |
amended by adding Section 10b as follows: |
(70 ILCS 2105/10b new) |
Sec. 10b. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-360. The Sanitary District Act of 1907 is |
amended by adding Section 15.5 as follows: |
(70 ILCS 2205/15.5 new) |
|
Sec. 15.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-365. The North Shore Sanitary District Act is |
amended by adding Section 8.05 as follows: |
(70 ILCS 2305/8.05 new) |
Sec. 8.05. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-370. The Sanitary District Act of 1917 is |
amended by adding Section 8.05 as follows: |
(70 ILCS 2405/8.05 new) |
Sec. 8.05. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-375. The Metropolitan Water Reclamation |
District Act is amended by adding Section 8.5 as follows: |
(70 ILCS 2605/8.5 new) |
Sec. 8.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
|
Section 95-5-380. The Sanitary District Act of 1936 is |
amended by adding Section 10.5 as follows: |
(70 ILCS 2805/10.5 new) |
Sec. 10.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-385. The Metro-East Sanitary District Act of |
1974 is amended by adding Section 2-7.5 as follows: |
(70 ILCS 2905/2-7.5 new) |
Sec. 2-7.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-390. The Sanitary District Revenue Bond Act is |
amended by adding Section 10.5 as follows: |
(70 ILCS 3010/10.5 new) |
Sec. 10.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-393. The Illinois Sports Facilities Authority |
Act is amended by adding Section 12.1 as follows: |
(70 ILCS 3205/12.1 new)
|
Sec. 12.1. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
|
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act.
|
Section 95-5-395. The Surface Water Protection District |
Act is amended by adding Section 16.05 as follows: |
(70 ILCS 3405/16.05 new) |
Sec. 16.05. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-400. The Metropolitan Transit Authority Act |
is amended by adding Section 8.5 as follows: |
(70 ILCS 3605/8.5 new) |
Sec. 8.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-405. The Local Mass Transit District Act is |
amended by adding Section 5.4 as follows: |
(70 ILCS 3610/5.4 new) |
Sec. 5.4. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-410. The Regional Transportation Authority |
Act is amended by adding Section 2.13a as follows: |
|
(70 ILCS 3615/2.13a new) |
Sec. 2.13a. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-415. The Public Water District Act is amended |
by adding Section 12.5 as follows: |
(70 ILCS 3705/12.5 new) |
Sec. 12.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-420. The Water Authorities Act is amended by |
adding Section 6.5 as follows: |
(70 ILCS 3715/6.5 new) |
Sec. 6.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-425. The Illinois Local Library Act is amended |
by adding Section 4-7.05 as follows: |
(75 ILCS 5/4-7.05 new) |
Sec. 4-7.05. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
|
Domain Act. |
Section 95-5-430. The Public Library District Act of 1991 |
is amended by adding Section 30-55.82 as follows: |
(75 ILCS 16/30-55.82 new) |
Sec. 30-55.82. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-435. The Libraries in Parks Act is amended by |
adding Section 1.5 as follows: |
(75 ILCS 65/1.5 new) |
Sec. 1.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-440. The School Code is amended by adding |
Section 22-40 as follows: |
(105 ILCS 5/22-40 new) |
Sec. 22-40. Eminent domain. Notwithstanding any other |
provision of this Code, any power granted under this Code to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-445. The University of Illinois Act is amended |
by adding Section 7i as follows: |
(110 ILCS 305/7i new) |
|
Sec. 7i. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-450. The University of Illinois at Chicago |
Land Transfer Act is amended by adding Section 2.5 as follows: |
(110 ILCS 325/2.5 new) |
Sec. 2.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-455. The Institution for Tuberculosis |
Research Act is amended by adding Section 3.5 as follows: |
(110 ILCS 335/3.5 new) |
Sec. 3.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-460. The Southern Illinois University Revenue |
Bond Act is amended by adding Section 3.5 as follows: |
(110 ILCS 525/3.5 new) |
Sec. 3.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
|
Section 95-5-465. The State Colleges and Universities |
Revenue Bond Act of 1967 is amended by adding Section 3.5 as |
follows: |
(110 ILCS 615/3.5 new) |
Sec. 3.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-470. The Chicago State University Law is |
amended by adding Section 5-42 as follows: |
(110 ILCS 660/5-42 new) |
Sec. 5-42. Eminent domain. Notwithstanding any other |
provision of this Law, any power granted under this Law to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-475. The Chicago State University Revenue |
Bond Law is amended by adding Section 6-12 as follows: |
(110 ILCS 661/6-12 new) |
Sec. 6-12. Eminent domain. Notwithstanding any other |
provision of this Law, any power granted under this Law to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-480. The Eastern Illinois University Law is |
amended by adding Section 10-42 as follows: |
(110 ILCS 665/10-42 new) |
Sec. 10-42. Eminent domain. Notwithstanding any other |
|
provision of this Law, any power granted under this Law to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-485. The Eastern Illinois University Revenue |
Bond Law is amended by adding Section 11-12 as follows: |
(110 ILCS 666/11-12 new) |
Sec. 11-12. Eminent domain. Notwithstanding any other |
provision of this Law, any power granted under this Law to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-490. The Governors State University Law is |
amended by adding Section 15-42 as follows: |
(110 ILCS 670/15-42 new) |
Sec. 15-42. Eminent domain. Notwithstanding any other |
provision of this Law, any power granted under this Law to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-495. The Governors State University Revenue |
Bond Law is amended by adding Section 16-12 as follows: |
(110 ILCS 671/16-12 new) |
Sec. 16-12. Eminent domain. Notwithstanding any other |
provision of this Law, any power granted under this Law to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-500. The Illinois State University Law is |
|
amended by adding Section 20-42 as follows: |
(110 ILCS 675/20-42 new) |
Sec. 20-42. Eminent domain. Notwithstanding any other |
provision of this Law, any power granted under this Law to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-505. The Illinois State University Revenue |
Bond Law is amended by adding Section 21-12 as follows: |
(110 ILCS 676/21-12 new) |
Sec. 21-12. Eminent domain. Notwithstanding any other |
provision of this Law, any power granted under this Law to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-510. The Northeastern Illinois University Law |
is amended by adding Section 25-42 as follows: |
(110 ILCS 680/25-42 new) |
Sec. 25-42. Eminent domain. Notwithstanding any other |
provision of this Law, any power granted under this Law to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-515. The Northeastern Illinois University |
Revenue Bond Law is amended by adding Section 26-12 as follows: |
(110 ILCS 681/26-12 new) |
Sec. 26-12. Eminent domain. Notwithstanding any other |
provision of this Law, any power granted under this Law to |
acquire property by condemnation or eminent domain is subject |
|
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-520. The Northern Illinois University Law is |
amended by adding Section 30-42 as follows: |
(110 ILCS 685/30-42 new) |
Sec. 30-42. Eminent domain. Notwithstanding any other |
provision of this Law, any power granted under this Law to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-525. The Northern Illinois University Revenue |
Bond Law is amended by adding Section 31-12 as follows: |
(110 ILCS 686/31-12 new) |
Sec. 31-12. Eminent domain. Notwithstanding any other |
provision of this Law, any power granted under this Law to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-530. The Western Illinois University Law is |
amended by adding Section 35-42 as follows: |
(110 ILCS 690/35-42 new) |
Sec. 35-42. Eminent domain. Notwithstanding any other |
provision of this Law, any power granted under this Law to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-535. The Western Illinois University Revenue |
Bond Law is amended by adding Section 36-12 as follows: |
|
(110 ILCS 691/36-12 new) |
Sec. 36-12. Eminent domain. Notwithstanding any other |
provision of this Law, any power granted under this Law to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-540. The Board of Regents Revenue Bond Act of |
1967 is amended by adding Section 3.5 as follows: |
(110 ILCS 710/3.5 new) |
Sec. 3.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-545. The Public Community College Act is |
amended by adding Section 3-36.5 as follows: |
(110 ILCS 805/3-36.5 new) |
Sec. 3-36.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-550. The Public Utilities Act is amended by |
adding Section 8-509.5 as follows: |
(220 ILCS 5/8-509.5 new) |
Sec. 8-509.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
|
Section 95-5-555. The Gas Storage Act is amended by adding |
Section 1.5 as follows: |
(220 ILCS 15/1.5 new) |
Sec. 1.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-565. The Electric Supplier Act is amended by |
adding Section 13.5 as follows: |
(220 ILCS 30/13.5 new) |
Sec. 13.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-570. The Telegraph Act is amended by adding |
Section 3.5 as follows: |
(220 ILCS 55/3.5 new) |
Sec. 3.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-575. The Telephone Company Act is amended by |
adding Section 4.5 as follows: |
(220 ILCS 65/4.5 new) |
Sec. 4.5. Eminent domain. Notwithstanding any other |
|
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-580. The Ferries Act is amended by adding |
Section 24 as follows: |
(225 ILCS 435/24 new) |
Sec. 24. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-585. The Highway Advertising Control Act of |
1971 is amended by adding Section 9.5 as follows: |
(225 ILCS 440/9.5 new) |
Sec. 9.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-605. The State Housing Act is amended by |
adding Section 6.5 as follows: |
(310 ILCS 5/6.5 new) |
Sec. 6.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-610. The Housing Authorities Act is amended by |
|
adding Section 8.3b as follows: |
(310 ILCS 10/8.3b new) |
Sec. 8.3b. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-615. The Housing Development and Construction |
Act is amended by adding Section 5.5 as follows: |
(310 ILCS 20/5.5 new) |
Sec. 5.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-620. The House Relocation Act is amended by |
adding Section 2.5 as follows: |
(310 ILCS 35/2.5 new) |
Sec. 2.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-625. The Blighted Areas Redevelopment Act of |
1947 is amended by adding Section 14.5 as follows: |
(315 ILCS 5/14.5 new) |
Sec. 14.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
|
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-630. The Blighted Vacant Areas Development |
Act of 1949 is amended by adding Section 5.5 as follows: |
(315 ILCS 10/5.5 new) |
Sec. 5.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-635. The Neighborhood Redevelopment |
Corporation Law is amended by adding Section 9.5 as follows: |
(315 ILCS 20/9.5 new) |
Sec. 9.5. Eminent domain. Notwithstanding any other |
provision of this Law, any power granted under this Law to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-640. The Urban Community Conservation Act is |
amended by adding Section 6.5 as follows: |
(315 ILCS 25/6.5 new) |
Sec. 6.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-645. The Urban Renewal Consolidation Act of |
1961 is amended by adding Section 12.5 as follows: |
|
(315 ILCS 30/12.5 new) |
Sec. 12.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-670. The Junkyard Act is amended by adding |
Section 6.5 as follows: |
(415 ILCS 95/6.5 new) |
Sec. 6.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-675. The Radioactive Waste Storage Act is |
amended by adding Section 1.5 as follows: |
(420 ILCS 35/1.5 new) |
Sec. 1.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-715. The Fish and Aquatic Life Code is amended |
by adding Section 1-147 as follows: |
(515 ILCS 5/1-147 new) |
Sec. 1-147. Eminent domain. Notwithstanding any other |
provision of this Code, any power granted under this Code to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
|
Section 95-5-720. The Wildlife Code is amended by adding |
Section 1.9-2 as follows: |
(520 ILCS 5/1.9-2 new) |
Sec. 1.9-2. Eminent domain. Notwithstanding any other |
provision of this Code, any power granted under this Code to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-725. The Habitat Endowment Act is amended by |
adding Section 37 as follows: |
(520 ILCS 25/37 new) |
Sec. 37. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-730. The Illinois Natural Areas Preservation |
Act is amended by adding Section 7.05a as follows: |
(525 ILCS 30/7.05a new) |
Sec. 7.05a. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-740. The State Forest Act is amended by adding |
Section 3.5 as follows: |
(525 ILCS 40/3.5 new) |
Sec. 3.5. Eminent domain. Notwithstanding any other |
|
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-745. The Illinois Highway Code is amended by |
adding Section 4-501.5 as follows: |
(605 ILCS 5/4-501.5 new) |
Sec. 4-501.5. Eminent domain. Notwithstanding any other |
provision of this Code, any power granted under this Code to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-750. The Toll Highway Act is amended by adding |
Section 9.7 as follows: |
(605 ILCS 10/9.7 new) |
Sec. 9.7. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-755. The Toll Bridge Act is amended by adding |
Section 16 as follows: |
(605 ILCS 115/16 new) |
Sec. 16. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-760. The Railroad Incorporation Act is |
|
amended by adding Section 17.5 as follows: |
(610 ILCS 5/17.5 new) |
Sec. 17.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-770. The Railroad Powers Act is amended by |
adding Section 1.05 as follows: |
(610 ILCS 70/1.05 new) |
Sec. 1.05. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-775. The Street Railroad Right of Way Act is |
amended by adding Section 2.5 as follows: |
(610 ILCS 115/2.5 new) |
Sec. 2.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-780. The Rivers, Lakes, and Streams Act is |
amended by adding Section 19.5 as follows: |
(615 ILCS 5/19.5 new) |
Sec. 19.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
|
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-785. The Illinois Waterway Act is amended by |
adding Section 7.8a as follows: |
(615 ILCS 10/7.8a new) |
Sec. 7.8a. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-790. The Flood Control Act of 1945 is amended |
by adding Section 7.5 as follows: |
(615 ILCS 15/7.5 new) |
Sec. 7.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-795. The Illinois and Michigan Canal |
Management Act is amended by adding Section 9.5 as follows: |
(615 ILCS 30/9.5 new) |
Sec. 9.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-800. The Illinois and Michigan Canal |
Development Act is amended by adding Section 10.5 as follows: |
|
(615 ILCS 45/10.5 new) |
Sec. 10.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-810. The Illinois Aeronautics Act is amended |
by adding Section 74.5 as follows: |
(620 ILCS 5/74.5 new) |
Sec. 74.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-815. The Airport Zoning Act is amended by |
adding Section 33.5 as follows: |
(620 ILCS 25/33.5 new) |
Sec. 33.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-820. The General County Airport and Landing |
Field Act is amended by adding Section 2.5 as follows: |
(620 ILCS 40/2.5 new) |
Sec. 2.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
|
Section 95-5-825. The County Airport Law of 1943 is amended |
by adding Section 7.5 as follows: |
(620 ILCS 45/7.5 new) |
Sec. 7.5. Eminent domain. Notwithstanding any other |
provision of this Law, any power granted under this Law to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-830. The County Airports Act is amended by |
adding Section 31.5 as follows: |
(620 ILCS 50/31.5 new) |
Sec. 31.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-835. The County Air Corridor Protection Act is |
amended by adding Section 20 as follows: |
(620 ILCS 52/20 new) |
Sec. 20. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-840. The East St. Louis Airport Act is amended |
by adding Section 5 as follows: |
(620 ILCS 55/5 new) |
Sec. 5. Eminent domain. Notwithstanding any other |
|
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-850. The Illinois Vehicle Code is amended by |
adding Section 2-105.5 as follows: |
(625 ILCS 5/2-105.5 new) |
Sec. 2-105.5. Eminent domain. Notwithstanding any other |
provision of this Code, any power granted under this Code to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-885. The Coast and Geodetic Survey Act is |
amended by adding Section 2.5 as follows: |
(765 ILCS 230/2.5 new) |
Sec. 2.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-890. The Mining Act of 1874 is amended by |
adding Section 1.5 as follows: |
(765 ILCS 505/1.5 new) |
Sec. 1.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-905. The Corporation Canal Construction Act |
|
is amended by adding Section 2.05 as follows: |
(805 ILCS 25/2.05 new) |
Sec. 2.05. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-910. The Gas Company Property Act is amended |
by adding Section 7.5 as follows: |
(805 ILCS 30/7.5 new) |
Sec. 7.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-915. The Merger of Not For Profit Corporations |
Act is amended by adding Section 9.5 as follows: |
(805 ILCS 120/9.5 new) |
Sec. 9.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Section 95-5-920. The Cemetery Association Act is amended |
by adding Section 16.5 as follows: |
(805 ILCS 320/16.5 new) |
Sec. 16.5. Eminent domain. Notwithstanding any other |
provision of this Act, any power granted under this Act to |
acquire property by condemnation or eminent domain is subject |
|
to, and shall be exercised in accordance with, the Eminent |
Domain Act. |
Part 10. Cross-references
|
Section 95-10-5. The Freedom of Information Act is amended |
by changing Section 7 as follows: |
(5 ILCS 140/7) (from Ch. 116, par. 207)
|
Sec. 7. Exemptions.
|
(1) The following shall be exempt from inspection and |
copying:
|
(a) Information specifically prohibited from |
disclosure by federal or
State law or rules and regulations |
adopted under federal or State law.
|
(b) Information that, if disclosed, would constitute a |
clearly
unwarranted invasion of personal privacy, unless |
the disclosure is
consented to in writing by the individual |
subjects of the information. The
disclosure of information |
that bears on the public duties of public
employees and |
officials shall not be considered an invasion of personal
|
privacy. Information exempted under this subsection (b) |
shall include but
is not limited to:
|
(i) files and personal information maintained with |
respect to
clients, patients, residents, students or |
other individuals receiving
social, medical, |
educational, vocational, financial, supervisory or
|
custodial care or services directly or indirectly from |
federal agencies
or public bodies;
|
(ii) personnel files and personal information |
maintained with
respect to employees, appointees or |
elected officials of any public body or
applicants for |
those positions;
|
(iii) files and personal information maintained |
with respect to any
applicant, registrant or licensee |
by any public body cooperating with or
engaged in |
|
professional or occupational registration, licensure |
or discipline;
|
(iv) information required of any taxpayer in |
connection with the
assessment or collection of any tax |
unless disclosure is otherwise required
by State |
statute;
|
(v) information revealing the identity of persons |
who file complaints
with or provide information to |
administrative, investigative, law enforcement
or |
penal agencies; provided, however, that identification |
of witnesses to
traffic accidents, traffic accident |
reports, and rescue reports may be provided
by agencies |
of local government, except in a case for which a |
criminal
investigation is ongoing, without |
constituting a clearly unwarranted per se
invasion of |
personal privacy under this subsection; and
|
(vi) the names, addresses, or other personal |
information of
participants and registrants in park |
district, forest preserve district, and
conservation |
district programs.
|
(c) Records compiled by any public body for |
administrative enforcement
proceedings and any law |
enforcement or correctional agency for
law enforcement |
purposes or for internal matters of a public body,
but only |
to the extent that disclosure would:
|
(i) interfere with pending or actually and |
reasonably contemplated
law enforcement proceedings |
conducted by any law enforcement or correctional
|
agency;
|
(ii) interfere with pending administrative |
enforcement proceedings
conducted by any public body;
|
(iii) deprive a person of a fair trial or an |
impartial hearing;
|
(iv) unavoidably disclose the identity of a |
confidential source or
confidential information |
furnished only by the confidential source;
|
|
(v) disclose unique or specialized investigative |
techniques other than
those generally used and known or |
disclose internal documents of
correctional agencies |
related to detection, observation or investigation of
|
incidents of crime or misconduct;
|
(vi) constitute an invasion of personal privacy |
under subsection (b) of
this Section;
|
(vii) endanger the life or physical safety of law |
enforcement personnel
or any other person; or
|
(viii) obstruct an ongoing criminal investigation.
|
(d) Criminal history record information maintained by |
State or local
criminal justice agencies, except the |
following which shall be open for
public inspection and |
copying:
|
(i) chronologically maintained arrest information, |
such as traditional
arrest logs or blotters;
|
(ii) the name of a person in the custody of a law |
enforcement agency and
the charges for which that |
person is being held;
|
(iii) court records that are public;
|
(iv) records that are otherwise available under |
State or local law; or
|
(v) records in which the requesting party is the |
individual
identified, except as provided under part |
(vii) of
paragraph (c) of subsection (1) of this |
Section.
|
"Criminal history record information" means data |
identifiable to an
individual and consisting of |
descriptions or notations of arrests,
detentions, |
indictments, informations, pre-trial proceedings, trials, |
or
other formal events in the criminal justice system or |
descriptions or
notations of criminal charges (including |
criminal violations of local
municipal ordinances) and the |
nature of any disposition arising therefrom,
including |
sentencing, court or correctional supervision, |
rehabilitation and
release. The term does not apply to |
|
statistical records and reports in
which individuals are |
not identified and from which
their identities are not |
ascertainable, or to information that is for
criminal |
investigative or intelligence purposes.
|
(e) Records that relate to or affect the security of |
correctional
institutions and detention facilities.
|
(f) Preliminary drafts, notes, recommendations, |
memoranda and other
records in which opinions are |
expressed, or policies or actions are
formulated, except |
that a specific record or relevant portion of a
record |
shall not be exempt when the record is publicly cited
and |
identified by the head of the public body. The exemption |
provided in
this paragraph (f) extends to all those records |
of officers and agencies
of the General Assembly that |
pertain to the preparation of legislative
documents.
|
(g) Trade secrets and commercial or financial |
information obtained from
a person or business where the |
trade secrets or information are
proprietary, privileged |
or confidential, or where disclosure of the trade
secrets |
or information may cause competitive harm, including: |
(i) All
information determined to be confidential |
under Section 4002 of the
Technology Advancement and |
Development Act. |
(ii) All trade secrets and commercial or financial |
information obtained by a public body, including a |
public pension fund, from a private equity fund or a |
privately held company within the investment portfolio |
of a private equity fund as a result of either |
investing or evaluating a potential investment of |
public funds in a private equity fund. The exemption |
contained in this item does not apply to the aggregate |
financial performance information of a private equity |
fund, nor to the identity of the fund's managers or |
general partners. The exemption contained in this item |
does not apply to the identity of a privately held |
company within the investment portfolio of a private |
|
equity fund, unless the disclosure of the identity of a |
privately held company may cause competitive harm.
|
Nothing contained in this
paragraph (g) shall be construed |
to prevent a person or business from
consenting to disclosure.
|
(h) Proposals and bids for any contract, grant, or |
agreement, including
information which if it were |
disclosed would frustrate procurement or give
an advantage |
to any person proposing to enter into a contractor |
agreement
with the body, until an award or final selection |
is made. Information
prepared by or for the body in |
preparation of a bid solicitation shall be
exempt until an |
award or final selection is made.
|
(i) Valuable formulae,
computer geographic systems,
|
designs, drawings and research data obtained or
produced by |
any public body when disclosure could reasonably be |
expected to
produce private gain or public loss.
The |
exemption for "computer geographic systems" provided in |
this paragraph
(i) does not extend to requests made by news |
media as defined in Section 2 of
this Act when the |
requested information is not otherwise exempt and the only
|
purpose of the request is to access and disseminate |
information regarding the
health, safety, welfare, or |
legal rights of the general public.
|
(j) Test questions, scoring keys and other examination |
data used to
administer an academic examination or |
determined the qualifications of an
applicant for a license |
or employment.
|
(k) Architects' plans, engineers' technical |
submissions, and
other
construction related technical |
documents for
projects not constructed or developed in |
whole or in part with public funds
and the same for |
projects constructed or developed with public funds, but
|
only to the extent
that disclosure would compromise |
security, including but not limited to water
treatment |
facilities, airport facilities, sport stadiums, convention |
centers,
and all government owned, operated, or occupied |
|
buildings.
|
(l) Library circulation and order records identifying |
library users with
specific materials.
|
(m) Minutes of meetings of public bodies closed to the
|
public as provided in the Open Meetings Act until the |
public body
makes the minutes available to the public under |
Section 2.06 of the Open
Meetings Act.
|
(n) Communications between a public body and an |
attorney or auditor
representing the public body that would |
not be subject to discovery in
litigation, and materials |
prepared or compiled by or for a public body in
|
anticipation of a criminal, civil or administrative |
proceeding upon the
request of an attorney advising the |
public body, and materials prepared or
compiled with |
respect to internal audits of public bodies.
|
(o) Information received by a primary or secondary |
school, college or
university under its procedures for the |
evaluation of faculty members by
their academic peers.
|
(p) Administrative or technical information associated |
with automated
data processing operations, including but |
not limited to software,
operating protocols, computer |
program abstracts, file layouts, source
listings, object |
modules, load modules, user guides, documentation
|
pertaining to all logical and physical design of |
computerized systems,
employee manuals, and any other |
information that, if disclosed, would
jeopardize the |
security of the system or its data or the security of
|
materials exempt under this Section.
|
(q) Documents or materials relating to collective |
negotiating matters
between public bodies and their |
employees or representatives, except that
any final |
contract or agreement shall be subject to inspection and |
copying.
|
(r) Drafts, notes, recommendations and memoranda |
pertaining to the
financing and marketing transactions of |
the public body. The records of
ownership, registration, |
|
transfer, and exchange of municipal debt
obligations, and |
of persons to whom payment with respect to these |
obligations
is made.
|
(s) The records, documents and information relating to |
real estate
purchase negotiations until those negotiations |
have been completed or
otherwise terminated. With regard to |
a parcel involved in a pending or
actually and reasonably |
contemplated eminent domain proceeding under
the Eminent |
Domain Act
Article VII of the Code of Civil Procedure , |
records, documents and
information relating to that parcel |
shall be exempt except as may be
allowed under discovery |
rules adopted by the Illinois Supreme Court. The
records, |
documents and information relating to a real estate sale |
shall be
exempt until a sale is consummated.
|
(t) Any and all proprietary information and records |
related to the
operation of an intergovernmental risk |
management association or
self-insurance pool or jointly |
self-administered health and accident
cooperative or pool.
|
(u) Information concerning a university's adjudication |
of student or
employee grievance or disciplinary cases, to |
the extent that disclosure
would reveal the identity of the |
student or employee and information
concerning any public |
body's adjudication of student or employee grievances
or |
disciplinary cases, except for the final outcome of the |
cases.
|
(v) Course materials or research materials used by |
faculty members.
|
(w) Information related solely to the internal |
personnel rules and
practices of a public body.
|
(x) Information contained in or related to |
examination, operating, or
condition reports prepared by, |
on behalf of, or for the use of a public
body responsible |
for the regulation or supervision of financial
|
institutions or insurance companies, unless disclosure is |
otherwise
required by State law.
|
(y) Information the disclosure of which is restricted |
|
under Section
5-108 of the Public Utilities Act.
|
(z) Manuals or instruction to staff that relate to |
establishment or
collection of liability for any State tax |
or that relate to investigations
by a public body to |
determine violation of any criminal law.
|
(aa) Applications, related documents, and medical |
records received by
the Experimental Organ Transplantation |
Procedures Board and any and all
documents or other records |
prepared by the Experimental Organ
Transplantation |
Procedures Board or its staff relating to applications
it |
has received.
|
(bb) Insurance or self insurance (including any |
intergovernmental risk
management association or self |
insurance pool) claims, loss or risk
management |
information, records, data, advice or communications.
|
(cc) Information and records held by the Department of |
Public Health and
its authorized representatives relating |
to known or suspected cases of
sexually transmissible |
disease or any information the disclosure of which
is |
restricted under the Illinois Sexually Transmissible |
Disease Control Act.
|
(dd) Information the disclosure of which is exempted |
under Section 30
of the Radon Industry Licensing Act.
|
(ee) Firm performance evaluations under Section 55 of |
the
Architectural, Engineering, and Land Surveying |
Qualifications Based
Selection Act.
|
(ff) Security portions of system safety program plans, |
investigation
reports, surveys, schedules, lists, data, or |
information compiled, collected,
or prepared by or for the |
Regional Transportation Authority under Section 2.11
of |
the Regional Transportation Authority Act or the St. Clair |
County Transit
District under the
Bi-State Transit Safety |
Act.
|
(gg) Information the disclosure of which is restricted |
and
exempted under Section 50 of the Illinois Prepaid |
Tuition Act.
|
|
(hh) Information the disclosure of which is
exempted |
under the State Officials and Employees Ethics Act.
|
(ii) Beginning July 1, 1999, information that would |
disclose
or might lead to the disclosure of
secret or |
confidential information, codes, algorithms, programs, or |
private
keys intended to be used to create electronic or |
digital signatures under the
Electronic Commerce Security |
Act.
|
(jj) Information contained in a local emergency energy |
plan submitted to
a municipality in accordance with a local |
emergency energy plan ordinance that
is adopted under |
Section 11-21.5-5 of the Illinois Municipal Code.
|
(kk) Information and data concerning the distribution |
of
surcharge moneys collected and remitted by wireless |
carriers under the Wireless
Emergency Telephone Safety |
Act.
|
(ll) Vulnerability assessments, security measures, and |
response policies
or plans that are designed to identify, |
prevent, or respond to potential
attacks upon a community's |
population or systems, facilities, or installations,
the |
destruction or contamination of which would constitute a |
clear and present
danger to the health or safety of the |
community, but only to the extent that
disclosure could |
reasonably be expected to jeopardize the effectiveness of |
the
measures or the safety of the personnel who implement |
them or the public.
Information exempt under this item may |
include such things as details
pertaining to the |
mobilization or deployment of personnel or equipment, to |
the
operation of communication systems or protocols, or to |
tactical operations.
|
(mm) Maps and other records regarding the location or |
security of a
utility's generation, transmission, |
distribution, storage, gathering,
treatment, or switching |
facilities.
|
(nn) Law enforcement officer identification |
information or
driver
identification
information compiled |
|
by a law enforcement agency or the Department of
|
Transportation
under Section 11-212 of the Illinois |
Vehicle Code.
|
(oo) Records and information provided to a residential
|
health care
facility resident sexual assault
and death |
review team or the Residential Health Care Facility |
Resident Sexual
Assault and Death Review Teams Executive |
Council under the Residential Health
Care Facility |
Resident Sexual Assault and Death Review Team Act.
|
(pp) Information provided to the predatory lending |
database created pursuant to Article 3 of the Residential |
Real Property Disclosure Act, except to the extent |
authorized under that Article.
|
(qq)
(pp) Defense budgets and petitions for |
certification of compensation and expenses for court |
appointed trial counsel as provided under Sections 10 and |
15 of the Capital Crimes Litigation Act. This subsection |
(qq)
(pp) shall apply until the conclusion of the trial and |
appeal of the case, even if the prosecution chooses not to |
pursue the death penalty prior to trial or sentencing.
|
(2) This Section does not authorize withholding of |
information or limit the
availability of records to the public, |
except as stated in this Section or
otherwise provided in this |
Act.
|
(Source: P.A. 93-43, eff. 7-1-03; 93-209, eff. 7-18-03; 93-237, |
eff. 7-22-03; 93-325, eff. 7-23-03, 93-422, eff. 8-5-03; |
93-577, eff. 8-21-03; 93-617, eff. 12-9-03; 94-280, eff. |
1-1-06; 94-508, eff. 1-1-06; 94-664, eff. 1-1-06; revised |
8-29-05.)
|
Section 95-10-10. The Civil Administrative Code of |
Illinois is amended by changing Section 5-675 as follows:
|
(20 ILCS 5/5-675) (was 20 ILCS 5/51)
|
Sec. 5-675. Acquisition of land. The Secretary of |
Transportation
and the
Director of Natural Resources are |
|
respectively authorized,
with the consent in writing of the |
Governor, to acquire by private purchase, or
by condemnation in |
the manner provided for the exercise of the power of eminent
|
domain under the Eminent Domain Act
Article VII of the Code of |
Civil Procedure , any and all lands,
buildings, and grounds for |
which an appropriation may be made by the
General
Assembly to |
their respective departments.
To the extent necessary to comply |
with the federal Uniform Relocation
Assistance and Real |
Property Acquisition Policies Act, Public Law 91-646, the |
Department of Transportation and the Department of
Natural |
Resources, respectively, are authorized to operate
a |
relocation program and to pay relocation costs. The departments |
are
authorized to exceed the maximum payment limits of the |
federal Uniform
Relocation Assistance and Real Property |
Acquisition Policies Act when
necessary to ensure the provision |
of decent, safe, or sanitary housing
or to
secure a suitable |
relocation site.
|
The Director of Central Management Services is authorized, |
with the consent
in writing of the Governor, to acquire by |
private purchase, or by condemnation
in the manner provided for |
the exercise of the power of eminent domain under
the Eminent |
Domain Act
Article VII of the Code of Civil Procedure , all |
other lands, buildings, and
grounds for which an appropriation |
may be made by the General Assembly.
To the extent necessary to |
comply with the federal Uniform Relocation
Assistance and Real |
Property Acquisition Policies Act, Public Law 91-646, the |
Department of Central Management Services is authorized to
|
operate a relocation program and to pay relocation costs. The |
Department
is authorized to exceed the maximum payment limits |
of the federal Uniform
Relocation Assistance and Real Property |
Acquisition Policies Act when
necessary to ensure the provision |
of decent, safe, and sanitary
housing or
to secure a suitable |
relocation site. The Department shall make or direct
the |
payment of the relocation amounts from the funds available to
|
acquire
the property.
|
(Source: P.A. 91-239, eff. 1-1-00.)
|
|
Section 95-10-15. The Particle Accelerator Land |
Acquisition Act is amended by changing Section 1 as follows:
|
(20 ILCS 685/1) (from Ch. 127, par. 47.21)
|
Sec. 1. The Department of Commerce and Economic Opportunity
|
Community Affairs is
authorized, with the consent in writing of |
the Governor, to acquire and
accept by gift, grant, purchase, |
or in the manner provided for the exercise
of the right of |
eminent domain under the Eminent Domain Act
Article VII of the |
Code of Civil Procedure, as heretofore
or hereafter amended , |
the fee simple title or
such lesser interest as may be desired |
to any and all lands, buildings
and grounds, including lands, |
buildings and grounds already devoted to
public use, required |
for construction, maintenance and operation of a
high energy |
BEV Particle Accelerator by the United States Atomic Energy
|
Commission, and for such other supporting land and facilities |
as may be
required or useful for such construction, and to take |
whatever action
may be necessary or desirable in connection |
with such acquisition or in
connection with preparing the |
property acquired for transfer as provided
in Section 3.
|
(Source: P.A. 82-783; revised 12-6-03.)
|
Section 95-10-20. The State Parks Act is amended by |
changing Section 2 as follows:
|
(20 ILCS 835/2) (from Ch. 105, par. 466)
|
Sec. 2. It shall be the policy of the State of Illinois to |
acquire a system
of State parks which shall embody the |
following purposes and objectives:
|
(1) To preserve the most important historic sites and |
events which are
connected with early pioneer or Indian |
history, so that such history of
the Indians, explorers, |
missionaries and settlers may be preserved, not
only as a |
tribute to those who made possible the building of the State of
|
Illinois and of the Union, but also as a part of the education |
|
of present
and future Illinois citizens.
|
(2) To set aside as public reservations those locations |
which have unusual
scenic attractions caused by geologic or |
topographic formations, such as
canyons, gorges, caves, dunes, |
beaches, moraines, palisades, examples of
Illinois prairie, |
and points of scientific interest to botanists and
naturalists. |
These areas should be large in size and whenever practicable
|
shall be not
less than 1,000 acres in extent. However, smaller |
areas may be acquired
wherever conditions do not warrant the |
acquisition of the larger acreage.
|
(3) To preserve large forested areas and marginal lands |
along the rivers,
small water courses, and lakes for a |
recreation use different from that
given by the typical city |
park, and so that these tracts may remain unchanged
by |
civilization, so far as possible, and be kept for future |
generations.
Such areas also, should be acquired in units of |
1,000 acres or more and
may be available as fish and game |
preserves. However, smaller areas may
be acquired wherever |
conditions do not warrant the acquisition of the larger
|
acreage.
|
(4) To connect these parks with each other by a system of |
scenic parkways
with widths varying from 100 to 1,000 feet, as |
a supplement to and completion
of the State highway system. |
Where the present State highway routes may
serve this purpose, |
their location, alignment and design should be studied
with |
this plan in view. At suitable locations along these highways, |
pure
water supplies and shelters and comfort facilities of |
attractive design
may be installed for the convenience of the |
public.
|
The Department of Natural Resources is authorized in
behalf |
of the State of
Illinois to accept by donation or bequest, to |
purchase or acquire by
condemnation proceedings in the manner |
provided for the exercise of the power
of eminent domain under |
the Eminent Domain Act
Article VII of the Code of Civil |
Procedure , or by
contract for deed payable over a period of |
time not to exceed 10 years,
or in any other legal manner, the |
|
title to all such lands, waters or regions,
and the easements |
appurtenant or contributory thereto, which shall be in
accord |
with such policy in respect to a system of State parks, for the |
purpose
of which the General Assembly may make an |
appropriation. Purchases by contract
for deed under this |
Section shall not exceed $20,000,000 in total purchase
price |
for land under contract at any one given time.
|
(Source: P.A. 89-445, eff. 2-7-96.)
|
Section 95-10-25. The Illinois Coal and Energy Development |
Bond Act is amended by changing Section 3 as follows:
|
(20 ILCS 1110/3) (from Ch. 96 1/2, par. 4103)
|
Sec. 3. The Department of Commerce and Economic Opportunity
|
Community Affairs shall have the
following powers and duties:
|
(a) To solicit, accept and expend gifts, grants or any form |
of
assistance, from any source, including but not limited to, |
the federal
government or any agency thereof;
|
(b) To enter into contracts, including, but not limited to, |
service
contracts, with business, industrial, university,
|
governmental or other qualified individuals or organizations |
to promote
development of coal and other energy resources. Such |
contracts may be
for, but are not limited to, the following |
purposes: (1) the
commercial application of existing |
technology for development of coal
resources, (2) to initiate |
or complete development of new technology for
development of |
coal resources, and (3) for planning, design,
acquisition, |
development, construction, improvement and financing a site
or |
sites and facilities for establishing plants, projects or
|
demonstrations for development of coal resources and research,
|
development and demonstration of alternative forms of energy; |
and
|
(c) In the exercise of other powers granted it under this |
Act, to
acquire property, real, personal or mixed, including |
any rights therein,
by exercise of the power of condemnation in |
accordance with the
procedures provided for the exercise of |
|
eminent domain under the Eminent Domain Act
Article VII of the |
Code of Civil Procedure, as amended , provided, however, the |
power of
condemnation shall be exercised solely for the |
purposes of
siting and/or rights of way and/or easements |
appurtenant to coal
utilization and/or coal conversion |
projects. The Department shall not
exercise its powers of |
condemnation until it has used reasonable good
faith efforts to |
acquire such property before filing a petition for
condemnation |
and may thereafter use such powers when it determines that
such |
condemnation of property rights is necessary to avoid |
unreasonable
delay or economic hardship to the progress of |
activities carried out in
the exercise of powers granted under |
this Act. After June 30, 1985, the
Department shall not |
exercise its power of condemnation for a project
which does not |
receive State or U.S. Government funding. Before use of
the |
power of condemnation for projects not receiving State or U.S.
|
Government funding, the Department shall hold a public hearing |
to
receive comments on the exercise of the power of |
condemnation. The
Department shall use the information |
received at hearing in making its
final decision on the |
exercise of the power of condemnation. The
hearing shall be |
held in a location reasonably accessible to the public
|
interested in the decision. The Department shall promulgate |
guidelines
for the conduct of the hearing.
|
(Source: P.A. 89-445, eff. 2-7-96; revised 12-6-03.)
|
Section 95-10-30. The Capital Development Board Act is |
amended by changing Section 9.08a as follows:
|
(20 ILCS 3105/9.08a) (from Ch. 127, par. 779.08a)
|
Sec. 9.08a. The Capital Development Board is
authorized, |
with the consent in writing of the Director of Central
|
Management Services and of the Governor, to acquire
by |
condemnation in the manner provided for the
exercise of the |
power of eminent domain under the Eminent Domain Act
Article |
VII of the Code of Civil Procedure , all lands, buildings and |
|
grounds for which an
appropriation may be made by the General |
Assembly, other than those
acquired by those agencies specified
|
under Section 5-675 of the Departments of State Government Law |
(20
ILCS 5/5-675).
|
(Source: P.A. 91-239, eff. 1-1-00.)
|
Section 95-10-35. The Building Authority Act is amended by |
changing Section 5 as follows:
|
(20 ILCS 3110/5) (from Ch. 127, par. 213.5)
|
Sec. 5. Powers. To accomplish projects of the kind listed |
in Section 3
above, the Authority shall possess the following |
powers:
|
(a) Acquire by purchase or otherwise (including the power |
of
condemnation in the manner provided for the exercise of the |
right of eminent
domain under the Eminent Domain Act
Article |
VII of the Code of Civil Procedure, as amended ),
construct, |
complete, remodel and install fixed equipment in any and all
|
buildings and other facilities as the General Assembly by law |
declares
to be in the public interest.
|
Whenever the General Assembly has by law declared it to be |
in the
public interest for the Authority to acquire any real |
estate, construct,
complete, remodel and install fixed |
equipment in buildings and other
facilities for public |
community college districts, the Director of the
Department of |
Central Management Services shall, when requested by any such
|
public community college district board, enter into a lease by |
and on behalf of
and for the use of such public community |
college district board to the extent
appropriations have been |
made by the General Assembly to pay the rents under
the terms |
of such lease.
|
In the course of such activities, acquire property of any |
and every
kind and description, whether real, personal or |
mixed, by gift, purchase
or otherwise. It may also acquire real |
estate of the State of Illinois
controlled by any officer, |
department, board, commission, or other
agency of the State, or |
|
the Board of Trustees of the University of
Illinois, the Board |
of Trustees of Southern Illinois University,
the Board of |
Trustees of Chicago State University, the Board of Trustees of
|
Eastern Illinois University, the Board of Trustees of Governors |
State
University, the Board of Trustees of Illinois State |
University, the Board of
Trustees of Northeastern Illinois |
University, the Board of Trustees of Northern
Illinois |
University, the Board of Trustees of Western Illinois |
University, the
School Building Commission or any public |
community college district
board, the jurisdiction of which is |
transferred by such officer,
department, board, commission, or |
other agency, or the Board of Trustees
of Southern Illinois |
University,
the Board of Trustees of Chicago State University, |
the Board of Trustees of
Eastern Illinois University, the Board |
of Trustees of Governors State
University, the Board of |
Trustees of Illinois State University, the Board of
Trustees of |
Northeastern Illinois University, the Board of Trustees of |
Northern
Illinois University, the Board of Trustees of Western |
Illinois University, or
the School Building Commission or any |
public community college district board,
to the Authority. The |
Board of Trustees of the University of Illinois, the
Board of |
Trustees of Southern Illinois University, the Board of Trustees |
of
Chicago State University, the Board of Trustees of Eastern |
Illinois University,
the Board of Trustees of Governors State |
University, the Board of Trustees of
Illinois State University, |
the Board of Trustees of Northeastern Illinois
University, the |
Board of Trustees of Northern Illinois University, the Board of
|
Trustees of Western Illinois University, or the School Building
|
Commission and any public community college district board, |
respectively, shall
prepare plans and specifications for and |
have supervision over any
project to be undertaken by the |
Authority for their use. Before any
other particular |
construction is undertaken, plans and specifications
shall be |
approved by the lessee provided for under (b) below, except as
|
indicated above.
|
(b) Execute leases of facilities and sites to, and charge |
|
for the
use of any such facilities and sites by, any officer, |
department, board,
commission or other agency of the State of |
Illinois, or the Director of
the Department of Central |
Management Services when the Director
is requested to, by
and |
on behalf of, or for the use of, any officer, department, |
board,
commission or other agency of the State of Illinois, or |
by the Board of
Trustees of the University of Illinois, the |
Board of Trustees of
Southern Illinois University,
the Board of |
Trustees of Chicago State University, the Board of Trustees of
|
Eastern Illinois University, the Board of Trustees of Governors |
State
University, the Board of Trustees of Illinois State |
University, the Board of
Trustees of Northeastern Illinois |
University, the Board of Trustees of Northern
Illinois |
University, the Board of Trustees of Western Illinois |
University, or
the School Building Commission or any public |
community college district board.
Such leases may be entered |
into contemporaneously with any financing to be done
by the |
Authority and payments under the terms of the lease shall begin |
at any
time after execution of any such lease.
|
(c) In the event of non-payment of rents reserved in such |
leases,
maintain and operate such facilities and sites or |
execute leases thereof
to others for any suitable purposes. |
Such leases to the officers,
departments, boards, commissions, |
other agencies, the respective Boards of
Trustees,, or the |
School Building Commission or any public community college
|
district board shall contain the provision that rents under |
such leases
shall be payable solely from appropriations to be |
made by the General
Assembly for the payment of such rent and |
any revenues derived from the
operation of the leased premises.
|
(d) Borrow money and issue and sell bonds in such amount or |
amounts
as the Authority may determine for the purpose of |
acquiring,
constructing, completing or remodeling, or putting |
fixed equipment in
any such facility; refund and refinance the |
same from time to time as
often as advantageous and in the |
public interest to do so; and pledge
any and all income of such |
Authority, and any revenues derived from such
facilities, or |
|
any combination thereof, to secure the payment of such
bonds |
and to redeem such bonds. All such bonds are subject to the
|
provisions of Section 6 of this Act.
|
In addition to the permanent financing authorized by |
Sections 5 and 6
of this Act, the Illinois Building Authority |
may borrow money and issue
interim notes in evidence thereof |
for any of the projects, or to perform
any of the duties |
authorized under this Act, and in addition may borrow
money and |
issue interim notes for planning, architectural and
|
engineering, acquisition of land, and purchase of fixed |
equipment as
follows:
|
1. Whenever the Authority considers it advisable and in |
the
interests of the Authority to borrow funds temporarily |
for any of the
purposes enumerated in this Section, the |
Authority may from time to
time, and pursuant to |
appropriate resolution, issue interim notes to
evidence |
such borrowings including funds for the payment of interest |
on
such borrowings and funds for all necessary and |
incidental expenses in
connection with any of the purposes |
provided for by this Section and
this Act until the date of |
the permanent financing. Any resolution
authorizing the |
issuance of such notes shall describe the project to be
|
undertaken and shall specify the principal amount, rate of |
interest (not
exceeding
the maximum rate authorized by the |
Bond Authorization Act, as amended at the
time of the |
making of the contract,) and maturity date, but not to |
exceed 5
years
from date of issue, and such other terms as |
may be specified in such
resolution; however, time of |
payment of any such notes may be extended
for a period of |
not exceeding 3 years from the maturity date thereof.
|
The Authority may provide for the registration of the |
notes in the
name of the owner either as to principal |
alone, or as to both principal
and interest, on such terms |
and conditions as the Authority may
determine by the |
resolution authorizing their issue. The notes shall be
|
issued from time to time by the Authority as funds are |
|
borrowed, in the
manner the Authority may determine. |
Interest on the notes may be made
payable semiannually, |
annually or at maturity. The notes may be made
redeemable, |
prior to maturity, at the option of the Authority, in the
|
manner and upon the terms fixed by the resolution |
authorizing their
issuance. The notes may be executed in |
the name of the Authority by the
Chairman of the Authority |
or by any other officer or officers of the
Authority as the |
Authority by resolution may direct, shall be attested
by |
the Secretary or such other officer or officers of the |
Authority as
the Authority may by resolution direct, and be |
sealed with the
Authority's corporate seal. All such notes |
and the interest thereon may
be secured by a pledge of any |
income and revenue derived by the
Authority from the |
project to be undertaken with the proceeds of the
notes and |
shall be payable solely from such income and revenue and |
from
the proceeds to be derived from the sale of any |
revenue bonds for
permanent financing authorized to be |
issued under Sections 5 and 6 of
this Act, and from the |
property acquired with the proceeds of the notes.
|
Contemporaneously with the issue of revenue bonds as |
provided by this
Act, all interim notes, even though they |
may not then have matured,
shall be paid, both principal |
and interest to date of payment, from the
funds derived |
from the sale of revenue bonds for the permanent financing
|
and such interim notes shall be surrendered and canceled.
|
2. The Authority, in order further to secure the |
payment of the
interim notes, is, in addition to the |
foregoing, authorized and
empowered to make any other or |
additional covenants, terms and
conditions not |
inconsistent with the provisions of subparagraph (a) of
|
this Section, and do any and all acts and things as may be |
necessary or
convenient or desirable in order to secure |
payment of its interim notes,
or in the discretion of the |
Authority, as will tend to make the interim
notes more |
acceptable to lenders, notwithstanding that the covenants,
|
|
acts or things may not be enumerated herein; however, |
nothing contained
in this subparagraph shall authorize the |
Authority to secure the payment
of the interim notes out of |
property or facilities, other than the
facilities acquired |
with the proceeds of the interim notes, and any net
income |
and revenue derived from the facilities and the proceeds of
|
revenue bonds as hereinabove provided.
|
(e) Convey property, without charge, to the State or to the
|
appropriate corporate agency of the State or to any public |
community college
district board if and when all debts which |
have been secured by the
income from such property have been |
paid.
|
(f) Enter into contracts regarding any matter connected |
with any
corporate purpose within the objects and purposes of |
this Act.
|
(g) Employ agents and employees necessary to carry out the |
duties
and purposes of the Authority.
|
(h) Adopt all necessary by-laws, rules and regulations for |
the
conduct of the business and affairs of the Authority, and |
for the
management and use of facilities and sites acquired |
under the powers
granted by this Act.
|
(i) Have and use a common seal and alter the same at |
pleasure.
|
The Interim notes shall constitute State debt of the State |
of
Illinois within the meaning of any of the provisions of the |
Constitution
and statutes of the State of Illinois.
|
No member, officer, agent or employee of the Authority, nor |
any other
person who executes interim notes, shall be liable |
personally by reason
of the issuance thereof.
|
With respect to instruments for the payment of money issued |
under this
Section either before, on, or after the effective |
date of this amendatory
Act of 1989, it is and always has been |
the intention of the General
Assembly (i) that the Omnibus Bond |
Acts are and always have been
supplementary grants of power to |
issue instruments in accordance with the
Omnibus Bond Acts, |
regardless of any provision of this Act that may appear
to be |
|
or to have been more restrictive than those Acts, (ii) that the
|
provisions of this Section are not a limitation on the |
supplementary
authority granted by the Omnibus Bond Acts, and |
(iii) that instruments
issued under this Section within the |
supplementary authority granted
by the Omnibus Bond Acts are |
not invalid because of any provision of
this Act that may |
appear to be or to have been more restrictive than
those Acts.
|
(Source: P.A. 89-4, eff. 1-1-96.)
|
Section 95-10-40. The Property Tax Code is amended by |
changing Sections 22-55 and 22-95 as follows:
|
(35 ILCS 200/22-55)
|
Sec. 22-55. Tax deeds to convey merchantable title. This |
Section shall be
liberally construed so that tax deeds shall |
convey merchantable title. In the
event the property has been |
taken by eminent domain under the Eminent Domain Act
Article |
VII of the Code of Civil Procedure , the tax purchaser shall be |
entitled to the award which
is the substitute for the property. |
Tax deeds issued pursuant to this Section
are subject to |
Section 22-70.
|
(Source: P.A. 86-1158; 86-1431; 86-1475; 87-145; 87-669; |
87-671; 87-895;
87-1189; 88-455.)
|
(35 ILCS 200/22-95)
|
Sec. 22-95. Order of court setting aside certificate of |
purchase;
payments. Any judgment or order of the circuit court, |
setting aside the lien
under the certificate of purchase filed |
in accordance with Section 22-90 shall
provide that the |
claimant pay to the city, village or incorporated town, or its
|
assignee holding the certificate of purchase, the following:
|
(a) the amount for which the same was sold, together |
with the amount of
the
penalty bid at the tax sale, if set |
aside before the expiration of 6 months
from the day of |
sale;
|
(b) if between 6 and 12 months, the amount for which |
|
the same was sold
together with twice the amount of the |
penalty bid;
|
(c) if between 12 and 18 months, the amount for which |
the same was sold
together with 3 times the amount of the |
penalty bid;
|
(d) if between 18 months and 2 years, the amount for |
which the same was
sold
together with 4 times the amount of |
the penalty bid at the sale;
|
(e) if after 2 years, the amount for which the same was |
sold together with
4
times the amount of the penalty bid at |
the sale, and interest thereafter at the
rate of 5% per |
year on the amount for which the same was sold.
|
In all cases, the claimant shall also pay costs of $10 in |
counties of
3,000,000 or more inhabitants and $5 in counties |
with less than 3,000,000
inhabitants.
|
A final judgment or order of the circuit court in any case |
or in an eminent
domain proceeding under the Eminent Domain Act
|
Article VII of the Code of Civil Procedure involving
the title |
to or interest in any property in which the city, village or
|
incorporated town, or its assignee holding a certificate of |
purchase, has an
interest, or setting aside any lien under the |
certificate filed under this Code
shall not be entered, until |
the claimant makes reimbursement to the city,
village or |
incorporated town or its assignee holding the certificate of
|
purchase. The county clerk is entitled to a fee of $5 in |
counties with
3,000,000 or more inhabitants and $2 in counties |
with less than 3,000,000
inhabitants for preparing the estimate |
of the amount required to redeem. The
estimate of the county |
clerk is prima facie evidence in all courts of the
amount due |
to such city, village or incorporated town or its assignee.
|
(Source: P.A. 87-669; 88-455.)
|
Section 95-10-45. The Public Building Commission Act is |
amended by changing Section 14 as follows:
|
(50 ILCS 20/14) (from Ch. 85, par. 1044)
|
|
Sec. 14. A Public Building Commission is a municipal |
corporation and
constitutes a body both corporate and politic |
separate and apart from
any other municipal corporation or any |
other public or governmental
agency. It may sue and be sued, |
plead and be impleaded, and have a seal
and alter such at |
pleasure, have perpetual succession, make and execute
|
contracts, leases, deeds and other instruments necessary or |
convenient
to the exercise of its powers, and make and from |
time to time amend and
repeal its by-laws, rules and |
regulations not inconsistent with this
Act. In addition, it has |
and shall exercise the following public and
essential |
governmental powers and functions and all other powers
|
incidental or necessary, to carry out and effectuate such |
express powers:
|
(a) To select, locate and designate, at any time and from |
time to
time, one or more areas lying wholly within the |
territorial limits of
the municipality or of the county seat of |
the county in which the
Commission is organized, or within the |
territorial limits of the county
if the site is to be used for |
county purposes, or (in the case of a county
having a |
population of at least 20,000 but not more than 21,000 as
|
determined by the 1980 federal census) within the territorial |
limits of the
county if the site is to be used for municipal |
purposes, as the site or
sites to be acquired for the erection, |
alteration or improvement of a
building or buildings, public |
improvement or other facilities for the
purposes set forth in |
this Section. The site or sites selected shall be
conveniently |
located within such county, municipality or county seat and of
|
an area in size sufficiently large to accomplish and effectuate |
the purpose
of this Act and sufficient to provide for proper |
architectural setting and
adequate landscaping for such |
building or buildings, public improvement or
other facilities.
|
(1) Where the governing body of the county seat or the |
governing
body of any municipality with 3,000 or more |
inhabitants has adopted the
original resolution for the |
creation of the Commission, the site or
sites selected, and in |
|
the case of a project for an Airport Authority,
the site or |
sites selected, the project and any lease agreements, are
|
subject to approval by a majority of the members of the |
governing body
of the county seat or by a majority of the |
members of the governing body
of the municipality. However, |
where the site is for a county project and
is outside the |
limits of a municipality, the approval of the site shall
be by |
the county board.
|
(2) Where the original resolution for the creation of the |
Commission
has been adopted by the governing body of the |
county, the site or sites
selected, and in the case of a |
project for an Airport Authority, the
site or sites selected, |
the project and any lease agreements, are
subject to approval |
by a majority of the members of the governing body
of the |
county and to approval by 3/4 of the members of the governing
|
body of the county seat, except that approval of 3/4 of the |
members of
the governing body of the county seat is not |
required where the site is for
a county or (in the case of a |
county having a population of at least 20,000
but not more than |
21,000 as determined by the 1980 federal census) a
municipal |
project and is outside the limits of the county seat, in which
|
case approval by 3/4 of the members of the governing body of |
any
municipality where the site or sites will be located is |
required; and, if
such site or sites so selected, and in the |
case of a project for an
Airport Authority, the site or sites |
selected, the project and any lease
agreements, are not |
approved by 3/4 of the members of the governing body
of the |
county seat the Commission may by resolution request that the
|
approval of the site or sites so selected, and in the case of a |
project
for an Airport Authority, the site or sites selected, |
the project and
any lease agreements, be submitted to a |
referendum at the next general
election in accordance with the |
general election law, and shall present
such resolution to the |
county clerk. Upon receipt of such resolution the
county clerk |
shall immediately notify the board of election commissioners,
|
if any; however, referenda pursuant to such resolution shall |
|
not be called
more frequently than once in 4 years. The |
proposition shall be in
substantially the following form:
|
-------------------------------------------------------------
|
Shall ......... be acquired for the
|
erection, alteration or improvement of
|
a building or buildings pursuant to YES
|
the Public Building Commission Act,
|
approved July 5, 1955, which project
|
it is estimated will cost $........., -----------------
|
including the cost of the site
|
acquisition and for the payment of which
|
revenue bonds in the amount of $...., NO
|
maturing .... and bearing interest at
|
the rate of .....% per annum, may be
|
issued?
|
-------------------------------------------------------------
|
If a majority of the electors voting on the proposition |
vote in favor of
the proposition, the site or sites so |
selected, and in the case of a
project for an Airport |
Authority, the site or sites selected, the project
and any |
lease agreements, shall be approved. Except where approval of |
the
site or sites has been obtained by referendum, the area or |
areas may be
enlarged by the Board of Commissioners, from time |
to time, as the need
therefor arises. The selection, location |
and designation of more than one
area may, but need not, be |
made at one time but may be made from time to time.
|
(b) To acquire the fee simple title to the real property |
located
within such area or areas, including easements and |
reversionary
interests in the streets, alleys and other public |
places and personal
property required for its purposes, by |
purchase, gift, legacy, or by the
exercise of the power of |
eminent domain, and title thereto shall be
taken in the |
corporate name of the Commission. Eminent domain
proceedings |
shall be in all respects in the manner provided for the |
exercise
of the right of eminent domain under the Eminent |
Domain Act
Article VII of the Code of Civil Procedure, approved |
|
August 19, 1981, as amended . All land and appurtenances
|
thereto, acquired or owned by the Commission are to be deemed |
acquired or
owned for a public use or public purpose.
|
Any municipal corporation which owns fee simple title to |
real
property located within such an area, may convey such real |
property, or
any part thereof, to the Commission with a |
provision in such conveyance
for the reverter of such real |
property to the transferor municipal
corporation at such time |
as all revenue bonds and other obligations of
the Commission |
incident to the real property so conveyed, have been paid
in |
full, and such Commission is hereby authorized to accept such a
|
conveyance.
|
(c) To demolish, repair, alter or improve any building or |
buildings
within the area or areas and to erect a new building |
or buildings,
improvement and other facilities within the area |
or areas to provide
space for the conduct of the executive, |
legislative and judicial
functions of government, its various |
branches, departments and agencies
thereof and to provide |
buildings, improvements and other facilities for
use by local |
government in the furnishing of essential governmental,
|
health, safety and welfare services to its citizens; to furnish |
and
equip such building or buildings, improvements and other |
facilities, and
maintain and operate them so as to effectuate |
the purposes of this Act.
|
(d) To pave and improve streets within such area or areas, |
and to
construct, repair and install sidewalks, sewers, |
waterpipes and other
similar facilities and site improvements |
within such area or areas and
to provide for adequate |
landscaping essential to the preparation of such
site or sites |
in accordance with the purposes of this Act.
|
(e) To make provisions for offstreet parking facilities.
|
(f) To operate, maintain, manage and to make and enter into
|
contracts for the operation, maintenance and management of such
|
buildings and other facilities and to provide rules and |
regulations for
the operation, maintenance and management |
thereof.
|
|
(g) To employ and discharge without regard to any Civil |
Services
Act, engineering, architectural, construction, legal |
and financial
experts and such other employees as may be |
necessary in its judgment to
carry out the purposes of this Act |
and to fix compensation for such
employees, and enter into |
contracts for the employment of any person,
firm, or |
corporation, and for professional services necessary or
|
desirable for the accomplishment of the objects and purposes of |
the
Commission and the proper administration, management, |
protection and
control of its property.
|
(h) To rent all or any part or parts of such building, |
buildings, or
other facilities to any municipal corporation |
that organized or joined
in the organization of the Public |
Building Commission or to any branch,
department, or agency |
thereof, or to any branch, department, or agency of
the State |
or Federal government, or to any other state or any agency or
|
political subdivision of another state with which the |
Commission has entered
into an intergovernmental agreement or |
contract under the Intergovernmental
Cooperation Act, or to any |
municipal corporation with which the Commission has
entered |
into an intergovernmental agreement or contract under the
|
Intergovernmental Cooperation Act, or to any other municipal |
corporation, quasi
municipal corporation, political |
subdivision or body politic, or agency
thereof, doing business, |
maintaining an office, or rendering a public service
in such |
county for any period of time, not to exceed 30 years.
|
(i) To rent such space in such building or buildings as |
from time to
time may not be needed by any governmental agency |
for such other
purposes as the Board of Commissioners may |
determine will best serve the
comfort and convenience of the |
occupants of such building or buildings,
and upon such terms |
and in such manner as the Board of Commissioners may
determine.
|
(j) To execute written leases evidencing the rental |
agreements
authorized in paragraphs (h) and (i) of this |
Section.
|
(k) To procure and enter into contracts for any type of |
|
insurance or
indemnity against loss or damage to property from |
any cause, including
loss of use and occupancy, against death |
or injury of any person,
against employer's liability, against |
any act of any member, officer or
employee of the Public |
Building Commission in the performance of the
duties of his |
office or employment or any other insurable risk, as the
Board |
of Commissioners in its discretion may deem necessary.
|
(l) To accept donations, contributions, capital grants or |
gifts from
any individuals, associations, municipal and |
private corporations and
the United States of America, or any |
agency or instrumentality thereof,
for or in aid of any of the |
purposes of this Act and to enter into
agreements in connection |
therewith.
|
(m) To borrow money from time to time and in evidence |
thereof to
issue and sell revenue bonds in such amount or |
amounts as the Board of
Commissioners may determine to provide |
funds for the purpose of
acquiring, erecting, demolishing, |
improving, altering, equipping,
repairing, maintaining and |
operating buildings and other facilities and
to acquire sites |
necessary and convenient therefor and to pay all costs
and |
expenses incident thereto, including, but without in any way
|
limiting the generality of the foregoing, architectural, |
engineering,
legal and financing expense, which may include an |
amount sufficient to
meet the interest charges on such revenue |
bonds during such period or
periods as may elapse prior to the |
time when the project or projects may
become revenue producing |
and for one year in addition thereto; and to
refund and |
refinance, from time to time, revenue bonds so issued and
sold, |
as often as may be deemed to be advantageous by the Board of
|
Commissioners.
|
(n) To enter into any agreement or contract with any |
lessee, who,
pursuant to the terms of this Act, is renting or |
is about to rent from
the Commission all or part of any |
building or buildings or facilities,
whereby under such |
agreement or contract such lessee obligates itself to
pay all |
or part of the cost of maintaining and operating the premises |
|
so
leased. Such agreement may be included as a provision of any |
lease
entered into pursuant to the terms of this Act or may be |
made the
subject of a separate agreement or contract between |
the Commission and
such lessee.
|
(Source: P.A. 86-325; 86-1215; 87-1208 .)
|
Section 95-10-50. The Local Government Property Transfer |
Act is amended by changing Sections 2 and 4 as follows:
|
(50 ILCS 605/2) (from Ch. 30, par. 157)
|
Sec. 2. If the territory of any municipality shall be |
wholly within,
coextensive with, or partly within and partly |
without the corporate
limits of any other municipality, or if |
the municipality is a school district
and the territory of the |
school district is adjacent to the boundaries of
any other |
school district, and the first mentioned municipality
(herein |
called "transferee municipality"), shall by ordinance declare
|
that it is necessary or convenient for it to use, occupy or |
improve any
real estate held by the last mentioned municipality |
(herein called the
"transferor municipality") in the making of |
any public improvement or
for any public purpose, the corporate |
authorities of the transferor
municipality shall have the power |
to transfer all of the right, title
and interest held by it |
immediately prior to such transfer, in and to
such real estate, |
whether located within or without either or both of
said |
municipalities, to the transferee municipality upon such terms |
as
may be agreed upon by the corporate authorities of both |
municipalities,
in the manner and upon the conditions |
following:
|
(a) If such real estate shall be held by the transferor |
municipality
without restriction, the said municipality shall |
have power to grant or
convey such real estate or any portion |
thereof to the transferee
municipality upon such terms as may |
be agreed upon by the corporate
authorities of both |
municipalities, by an instrument of conveyance
signed by the |
mayor, president or other chief executive of the
transferor |
|
municipality, attested by its clerk or secretary and sealed
|
with its corporate seal, all duly authorized by a resolution |
passed by
the vote of 2/3 of the members of the legislative |
body of
the transferor municipality then holding office, and |
duly recorded in
the office of the recorder in the county in |
which said real
estate is located. Provided, however, that any |
municipality may, in the
manner above provided, convey real |
estate to a Public Building
Commission organized and existing |
pursuant to "An Act to authorize the
creation of Public |
Building Commissions and to define their rights,
powers and |
duties", approved July 5, 1955, as
amended, when duly |
authorized by a majority vote of the members of the
legislative |
body of such municipality then holding office whenever
|
provision is made in the conveyance for a reverter of the real |
estate to
such transferor municipality. The transferee |
municipality shall
thereafter have the right to use, occupy or |
improve the real estate so
transferred for any municipal or |
public purpose and shall hold said real
estate by the same |
right, title and interest by which the transferor
municipality |
held said real estate immediately prior to said transfer.
|
(b) If any such real estate shall be held by the transferor
|
municipality subject to or limited by any restriction, and the
|
transferee municipality shall desire the use, occupation or |
improvement
thereof free from said restriction, the transferor |
municipality (or the
transferee municipality, in the name of |
and for and on behalf of the
transferor municipality, but |
without subjecting the transferor
municipality to any expense |
without the consent of its corporate
authorities), shall have |
the power to secure from its grantor, or
grantors, their heirs, |
successors, assigns, or others, a release of any
or all of such |
restrictions upon such terms as may be agreed upon
between |
either of said municipalities and the person or persons |
entitled
to the benefit of said restrictions. Upon the |
recording of any such
release the transferor municipality shall |
then have the powers granted
in paragraph (a) of this Section.
|
(c) If either the transferor municipality or the transferee
|
|
municipality shall be unable to secure a release of any |
restriction as
above provided, the transferor municipality (or |
the transferee
municipality in the name of and for and in |
behalf of the transferor
municipality, but without subjecting |
the transferor municipality to any
expense without the consent |
of its corporate authorities), shall have
the power to file in |
any circuit court a petition for the purpose of
removing or |
releasing said restriction and determining the compensation,
|
if any, to be paid in consequence thereof to the owner or |
owners of said
real estate, for any right, title or interest |
which they or any of them
may or might have in and to any such |
real estate arising out of said
restriction. If any |
compensation shall be awarded, the same shall be
measured by |
the actual damage, if any, to the owner or owners of said
real |
estate, resulting from the removal or release of said |
restriction,
and shall be determined as of the date of the |
filing of said petition.
Upon the payment of such compensation |
as may be awarded, if any, the
transferor municipality shall |
have the powers granted in paragraph (a)
of this Section, and |
said transferor municipality shall grant and convey
the said |
real estate to the transferee municipality upon the terms and
|
conditions theretofore agreed upon by the said municipalities |
and in the
manner provided for in paragraph (a) of this |
Section.
|
(d) If the transferor municipality shall hold an easement |
in any
real estate for a particular purpose different from the |
purpose for
which the transferee municipality shall desire to |
use, occupy or improve
said real estate, the transferor |
municipality (or the transferee
municipality in the name of and |
for and in behalf of the transferor
municipality, but without |
subjecting the transferor municipality to any
expense without |
the consent of its corporate authorities), shall have
the power |
to file in any circuit court a petition for the purpose of
|
terminating said easement and securing the right to use, occupy |
and
improve any such real estate for the purpose or purposes |
set forth in
said petition, and for determining the |
|
compensation, if any, to be paid
in consequence thereof to the |
owner, or owners of said real estate. If
any compensation shall |
be awarded, the same shall be measured by the
actual damage, if |
any, to the owner or owners of said real estate,
resulting from |
the termination of the said easement and the granting of
the |
right sought in said petition, and shall be determined as of |
the
date of the filing of said petition. Upon the payment of |
such
compensation as may be awarded, if any, the easement held |
by the
transferor municipality shall in the final order entered |
in such
proceeding be declared terminated and the right of the |
transferee
municipality in said real estate shall be declared. |
If the transferee
municipality shall desire to use, occupy or |
improve said real estate for
the same purpose authorized by the |
easement held by the transferor
municipality, the transferor |
municipality shall have the power to
transfer said easement to |
the transferee municipality by instrument of
conveyance as |
provided for in paragraph (a).
|
(e) If such real estate shall have been acquired or |
improved by the
transferor municipality under the Local |
Improvements Act, or under the
said Act in conjunction with any |
other Act, and the times fixed for the
payment of all |
installments of the special assessments therefor have not
|
elapsed at the time the transferor and transferee |
municipalities shall
have reached an agreement for the transfer |
of said real estate, the
transferee municipality shall deposit |
with the transferor municipality
to be placed in the special |
assessment funds authorized to be collected
to pay the cost of |
acquiring or improving said real estate, an amount
sufficient |
to pay (1) the installments of said special assessments not
due |
and payable at the time of the agreement for said transfer, and |
(2)
the amounts paid in advance by any property owner on |
account of said
special assessments, which, had such amounts |
not been paid in advance,
would have been due and payable after |
the date of such agreement, and
the transferor municipality |
shall upon the receipt of such amount cause
orders to be |
entered in the courts in which said special assessments
were |
|
confirmed, cancelling the installments becoming due and |
payable
after the said time at which the transferor and |
transferee
municipalities shall have reached an agreement for |
the transfer of said
real estate, and releasing the respective |
lots, tracts, and parcels of
real estate assessed in any such |
proceedings from the installments of
the said assessments in |
this paragraph authorized to be cancelled. The
transferor |
municipality shall after the entry of such orders of
|
cancellation refund to any property owner who has paid the same |
in
advance, any amounts which otherwise would have been due and |
payable
after the said time at which the transferor and |
transferee
municipalities shall have reached an agreement for |
the transfer of said
real estate. Upon the entry of such orders |
of cancellation the
transferor municipality shall then have the |
powers granted in paragraph
(a) of this Section.
|
(f) The procedure, for the removal of any restriction upon |
the real
estate of the transferor municipality, for the |
termination of any
easement of the transferor municipality in |
said real estate and the
declaration of another or different |
right in the transferee municipality
in said real estate, and |
for the ascertainment of just compensation
therefor, shall be |
as near as may be like that provided for the exercise
of the |
power of eminent domain under the Eminent Domain Act
Article |
VII of the Code of Civil Procedure .
|
(g) If any property shall be damaged by the release or |
removal of
any restrictions upon, or the termination of any |
easement in, or the
granting of a new right in any real estate |
held by the transferor
municipality, the same shall be |
ascertained and paid as provided by law.
|
(Source: P.A. 83-358.)
|
(50 ILCS 605/4) (from Ch. 30, par. 158a)
|
Sec. 4. Any municipality shall have the power upon |
resolution passed by
a two-thirds vote of the members of its |
legislative body then holding office,
to transfer all of the |
right, title and interest held by it immediately
prior to such |
|
transfer, in and to any real estate, whether located within
or |
without such municipality, to the State of Illinois, for any |
authorized
purpose of state government, upon such terms and |
conditions as may be agreed
upon by the transferor municipality |
and the State of Illinois, and the State
of Illinois is |
authorized to accept the title or interest in such real estate
|
so conveyed; except that a majority vote of the members of such |
legislative
body then holding office is sufficient for the |
dedication by any municipality
of any area as a nature preserve |
as provided in the "Illinois Natural Areas
Preservation Act" as |
now or hereafter amended. If such real estate is held
by the |
transferor municipality subject to or limited by any |
restriction,
the State of Illinois, by the Secretary of
|
Transportation or by the Director of any state department, or |
the Chairman
or President of any commission, board or agency of |
the State vested by law
with the power, duty or function of the |
State Government for which
said property is to be used by the |
State after its acquisition, may remove
such restriction |
through purchase, agreement or condemnation. Any such |
condemnation
proceedings shall be brought and maintained by the |
State
of Illinois and shall conform, as nearly as may be, with |
the procedure provided
for the exercise of the power of eminent |
domain under the Eminent Domain Act
Article VII of the Code of |
Civil Procedure .
|
(Source: P.A. 82-783.)
|
Section 95-10-55. The Counties Code is amended by changing |
Sections 5-15009 and 5-30021 as follows:
|
(55 ILCS 5/5-15009) (from Ch. 34, par. 5-15009)
|
Sec. 5-15009. Acquisition of lands and construction of
|
facilities. The county board shall have the power to
acquire |
land for any and all of the purposes herein specified by this
|
Division, and adopt and enforce ordinances for the
necessary |
protection of sources of water supply and shall also have power
|
to build dams and reservoirs for the storage of water, sink |
|
wells,
establish intakes and water gathering stations, build |
water purification
works, pumping stations, conduits, pipe |
lines, regulating works and all
appurtenances required for the |
production, development and delivery of
adequate, pure and |
wholesome water supplies into the distribution systems
of |
incorporated cities and villages and corporations and |
individuals in
unincorporated areas and is further empowered to |
build, operate and
maintain such works when and where necessary |
and to sell water to said
incorporated cities and villages and |
said corporations and individuals not
in incorporated cities |
and villages, by meter measurements and at rates
that will at |
least defray all fixed, maintenance and operating charges.
|
Profits may be used for the extension and improvements of the |
water works
system but not for any other function enumerated |
herein.
|
For the purpose of acquiring, constructing, extending or |
improving any
waterworks system, sewerage system or combined |
waterworks and sewerage
system, or for waste management, under |
this Division, or any property
necessary or appropriate |
therefor, any county has the right of eminent
domain within |
such county as provided by the Eminent Domain Act
Article VII |
of the Code of Civil Procedure, as amended .
|
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-30021) (from Ch. 34, par. 5-30021)
|
Sec. 5-30021. Determination of economic hardship. The |
preservation
commission, upon a determination after review of |
all evidence and
information that the denial of a certificate |
of appropriateness has denied,
or will deny the owner of a |
landmark or of a property within a preservation
district of all |
reasonable use of, or return on, the property, shall
undertake |
one or the other of the following actions:
|
(1) offer the owner of the property reasonable financing, |
tax or other
incentives sufficient to allow a reasonable use |
of, or return on, the property:
|
(2) offer to purchase the property at a reasonable price or |
|
institute
eminent domain proceedings pursuant to the Eminent |
Domain Act
Article VII of the Code of Civil Procedure ; or
|
(3) issue a certificate of appropriateness for the proposed |
construction,
alteration, demolition or removal.
|
(Source: P.A. 86-962.)
|
Section 95-10-60. The Township Code is amended by changing |
Section 115-55 as follows:
|
(60 ILCS 1/115-55)
|
Sec. 115-55. (a) The board may acquire by gift, legacy, |
purchase,
condemnation in the manner provided for the exercise |
of the right of eminent
domain under the Eminent Domain Act
|
Article VII of the Code of Civil Procedure and except as
|
otherwise provided in this subsection, lease, agreement, or
|
otherwise the fee or any lesser right or interest in real |
property that is open
land and may hold that property with or |
without public access for open space,
scenic roadway, pathway, |
outdoor recreation, or other conservation benefits.
No |
township in a county having a population of more than 150,000 |
but not more
than 250,000 has authority under this Article to |
acquire property by
condemnation, and
no other township has |
authority under this Article to acquire
by condemnation
(i) |
property that is used for farming or agricultural purposes; |
(ii) property
that is situated within the corporate limits of a |
municipality or contiguous to
one or more municipalities unless |
approval to acquire the property by
condemnation is obtained |
under Section 115-30 or 115-35; (iii) property upon
which |
development has commenced; or (iv) property owned by a |
religious
organization, church, school, or charitable |
organization exempt from federal
taxation under Section |
501(c)(3) of the Internal Revenue Code of 1986 or
similar |
provisions of any successor law, or any other organization |
controlled
by or affiliated with such a religious organization, |
church, school, or
charitable organization.
|
(b) For purposes of this Section:
|
|
(1) "Development" of property is deemed to have |
commenced if (i) at least
30 days before the filing of a |
petition under Section 115-10, an application
for a |
preliminary plan or preliminary planned unit development |
has been filed
with the applicable governmental entity or, |
if neither is required, a building
permit has been obtained |
at least 30 days before the filing of a petition under
|
Section 115-10; (ii) mass grading of the property has |
commenced; and (iii)
within 180 days of the date the open |
space plan is recommended for approval by
the board under |
Section 115-5 or by petition of the voters under Section
|
115-20, 115-30, or 115-35, the installation of public |
improvements has
commenced.
|
(2) "Contiguous" means contiguous for purposes of |
annexation under Article
7 of the Illinois Municipal Code.
|
(3) Real property is deemed used for farming or |
agricultural purposes if
it is more than 10 acres in area |
and devoted primarily to (i) the raising and
harvesting of |
crops, (ii) the feeding, breeding, and management of |
livestock,
(iii) dairying, or (iv) any other agricultural |
or horticultural use or
combination of those uses, with the |
intention of securing substantial income
from those |
activities, and has been so used for the 3 years |
immediately
preceding the filing of a condemnation action. |
Real property used for farming
or agricultural purposes |
includes land devoted to and qualifying for payments
or |
other compensation under a soil conservation program under |
an agreement with
an agency of the federal government and |
also includes the construction and use
of dwellings and |
other buildings customarily associated with farming and
|
agricultural uses when associated with those uses.
|
(c) If a township's acquisitions of open land, or interests
|
in open land when combined with other lands in the township |
held for open
space purposes by other governmental entities, |
equals 30% of the total
acreage of the township, then the |
township may not acquire additional open
land by condemnation.
|
|
(d) Any parcel of land that is included in an open space |
plan adopted by a
township that has not been acquired by the |
township under this Section within 3
years, or within 2 years |
with respect to existing open space programs, after
the later |
of (i) July 29, 1988, or (ii) the date of the passage of the
|
referendum may not thereafter be acquired by condemnation by |
the township under
this Section, except that if an action in |
condemnation to acquire the parcel is
filed under this Section |
within that 3 year or 2 year period, as applicable,
the parcel |
may be acquired by condemnation by the township notwithstanding |
the
fact that the condemnation action may not be concluded |
within the 3 year or 2
year
period, as applicable. |
Notwithstanding the foregoing, if a parcel of land
cannot be |
acquired by condemnation under subsection (a) because of its |
use for
farming or agricultural purposes, the 3 year or 2 year |
period, as applicable,
shall be tolled until the date the |
parcel ceases to be used for farming or
agricultural purposes. |
Notwithstanding the foregoing, the fee or any lesser
right or |
interest in real property that is open land may be acquired |
after the
3 year or 2 year period, as applicable, by any means |
authorized under
subsection (a) other than condemnation.
|
(Source: P.A. 91-641, eff. 8-20-99.)
|
Section 95-10-65. The Illinois Municipal Code is amended by |
changing Sections 11-19-10, 11-28-1, 11-61-1a, 11-63-5, |
11-65-3, 11-66-10, 11-71-1, 11-71-10, 11-74.2-9, 11-75-5, |
11-92-3, 11-97-2, 11-103-3, 11-119.1-7, 11-119.2-7, 11-123-4, |
11-130-9, 11-135-6, 11-136-6, 11-139-12, and 11-141-10 as |
follows:
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(65 ILCS 5/11-19-10) (from Ch. 24, par. 11-19-10)
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Sec. 11-19-10. Every city, village, and incorporated town |
may acquire by
purchase, gift or condemnation any real property |
within or without the
corporate limits of such city, village or |
incorporated town for the purpose
of providing facilities for |
the disposal of garbage, refuse and ashes. In
all cases where |
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property is acquired or sought to be acquired by
condemnation, |
the procedure shall be, as nearly as may be, like that
provided |
for the exercise of the right of eminent
domain under the |
Eminent Domain Act
Article VII of the Code of Civil Procedure, |
as heretofore
and hereafter amended .
In any village containing |
a population of less than 15,000 where the
property sought to |
be acquired is to be used for a
refuse derived fuel system and |
for industrial development that will utilize
steam and |
electricity derived from such system, such property may be
|
acquired pursuant to the "quick-take" procedures prescribed in |
Section
7-103 of such Code (now Article 20 of the Eminent |
Domain Act) if such procedures are commenced on or before June |
30,
1987. As used herein, "refuse derived fuel system" means a |
facility
designed to convert refuse and other waste materials |
into steam and
electricity to be used for industrial |
development and other commercial purposes.
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If a city, village or incorporated town joins with one or |
more than one
other city, village or incorporated town or |
county in the exercise of the
powers granted by this section, |
(a) any real property purchased shall be
taken in the names of |
the contracting cities, villages, incorporated towns,
and |
counties, if any; (b) in case of condemnation, the city, |
village or
incorporated town in which the real property lies, |
or the city, village or
incorporated town nearest to the area |
of the real property to be condemned,
shall institute |
condemnation proceedings; Provided, (1) any real property
so |
acquired shall be held in trust by such city, village or |
incorporated
town for the benefit of the contracting cities, |
villages, incorporated
towns, and counties, all of which shall |
bear the expense of condemnation
according to agreement; (2) |
when real property acquired by condemnation is
no longer used |
for joint disposal of garbage, refuse and ashes, it shall be
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sold by the city, village or incorporated town in whose name it |
is held and
the proceeds shall be distributed to the |
contracting cities, villages,
incorporated towns, and counties |
as their interests shall appear. Any
improvements existing on |
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real property jointly acquired by purchase, gift
or |
condemnation for garbage, refuse and ashes disposal purposes |
which
cannot be used for such purposes may be disposed of in |
such manner as is
mutually agreeable to the cities, villages, |
incorporated towns, and
counties involved.
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(Source: P.A. 84-1119.)
|
(65 ILCS 5/11-28-1) (from Ch. 24, par. 11-28-1)
|
Sec. 11-28-1. Whenever a city needs a lot or parcel of land |
as a site for a
building to be erected for any hospital |
established and supported by the
city, and the city cannot |
agree with the owners thereof upon the
compensation therefor, |
the city has the power to proceed to have the
compensation |
determined in the manner provided by law for the exercise of |
the right
of eminent domain under the Eminent Domain Act
|
Article VII of the Code of Civil Procedure,
as heretofore and |
hereafter
amended .
|
(Source: P.A. 82-783.)
|
(65 ILCS 5/11-61-1a) (from Ch. 24, par. 11-61-1a)
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Sec. 11-61-1a. Any municipality with a population of over |
500,000 may
utilize the quick-take procedures if such |
procedures are commenced on or
before January 1, 1990, for |
exercising the power of eminent domain under Section
7-103 of |
the Code of Civil Procedure (now Article 20 of the Eminent |
Domain Act) for the purpose of
constructing or extending rapid |
transit lines within the area bounded by a
line beginning at |
the intersection of East Jackson Boulevard and South Michigan |
Avenue
in the City of Chicago, running South on South Michigan |
Avenue to East
Pershing Road, then West on East Pershing Road |
and West Pershing Road to
South Ashland Avenue, then South on |
South Ashland Avenue to West Garfield
Boulevard, then West on |
West Garfield Boulevard and West 55th Street to
South Pulaski |
Road, then South on South Pulaski Road to West 63rd Street,
|
then West on West 63rd Street to South Central Avenue, then |
North on South
Central Avenue to West 55th Street, then East on |
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West 55th Street to South
Cicero Avenue, then North on South |
Cicero Avenue to West 47th Street, then
East on West 47th |
Street to South Kedzie Avenue, then North on South Kedzie
|
Avenue to West Cermak Road, then East on West Cermak Road to |
South Halsted
Street, then North on South Halsted Street to |
West Jackson Boulevard, then
East on West Jackson Boulevard and |
East Jackson Boulevard to the place of beginning.
|
(Source: P.A. 84-1477.)
|
(65 ILCS 5/11-63-5) (from Ch. 24, par. 11-63-5)
|
Sec. 11-63-5. The corporate authorities may acquire a site |
or sites for a
community building or buildings by condemnation |
in the name of the
municipality in the manner provided
for the |
exercise of the
right of eminent domain under the Eminent |
Domain Act
Article VII of the Code of Civil Procedure, as |
heretofore and
hereafter amended .
|
(Source: P.A. 82-783.)
|
(65 ILCS 5/11-65-3) (from Ch. 24, par. 11-65-3)
|
Sec. 11-65-3. Every such municipality may acquire by |
dedication,
gift, lease,
contract, purchase, or condemnation |
all property and rights, necessary or
proper, within the |
corporate limits of the municipality, for
municipal convention
|
hall purposes, and for these purposes may (1) appropriate |
money, (2) levy
and collect taxes, (3) borrow money on the |
credit of the municipality, and (4)
issue bonds therefor.
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In all cases where property is acquired or sought to be |
acquired by
condemnation, the procedure shall be, as nearly as |
may be, like that
provided for the exercise of the right of |
eminent
domain under the Eminent Domain Act
Article VII of the |
Code of Civil Procedure, as heretofore
and hereafter amended .
|
(Source: P.A. 92-774, eff. 1-1-03.)
|
(65 ILCS 5/11-66-10) (from Ch. 24, par. 11-66-10)
|
Sec. 11-66-10. The board of directors, with the approval of |
the corporate
authorities may acquire a site for a municipal |
|
coliseum by condemnation in
the name of the municipality. Any |
proceeding to condemn for this purpose
shall be maintained and |
conducted in the manner provided for the exercise
of the right |
of eminent domain under the Eminent Domain Act
Article VII of |
the Code of Civil Procedure, as heretofore
and hereafter |
amended .
|
(Source: P.A. 82-783.)
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(65 ILCS 5/11-71-1) (from Ch. 24, par. 11-71-1)
|
Sec. 11-71-1. Any municipality is hereby authorized to:
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(a) Acquire by purchase or otherwise, own, construct, |
equip, manage,
control, erect, improve, extend, maintain and |
operate motor vehicle parking
lot or lots, garage or garages |
constructed on, above and/or below ground
level, public |
off-street parking facilities for motor vehicles, parking
|
meters, and any other revenue producing facilities, hereafter |
referred to
as parking facilities, necessary or incidental to |
the regulation, control
and parking of motor vehicles, as the |
corporate authorities may from time
to time find the necessity |
therefor exists, and for that purpose may
acquire property of |
any and every kind or description, whether real,
personal or |
mixed, by gift, purchase or otherwise. Any municipality which
|
has provided or does provide for the creation of a plan |
commission under
Division 12 of this Article 11 shall submit to |
and receive the approval
of the plan commission before |
establishing or operating any such parking
facilities;
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(b) Maintain, improve, extend and operate any such parking |
facilities
and charge for the use thereof;
|
(c) Enter into contracts dealing in any manner with the |
objects and
purposes of this Division 71, including the leasing |
of space on, or in
connection with, parking meters for |
advertising purposes. Any contract for
such advertising shall |
prohibit any interference with traffic control,
shall prohibit |
placing any advertising sign or device on parking meters
that |
exceeds the dimensions of 8 by 12 inches and shall contain such |
other
provisions as the corporate authorities deem necessary in |
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the public
interest. All revenues derived from any such |
contract shall be used
exclusively for traffic regulation and |
maintenance of streets within the
municipality;
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(d) Acquire sites, buildings and facilities by gift, lease, |
contract,
purchase or condemnation under power of eminent |
domain, and pledge the
revenues thereof for the payment of any |
revenue bonds issued for such
purpose as provided in this |
Division 71. In all cases where property or
rights are acquired |
or sought to be acquired by condemnation, the procedure
shall |
be, as nearly as may be, like that provided for the exercise of |
the
right of eminent domain under the Eminent Domain Act,
|
Article VII of the Code of Civil Procedure,
as heretofore and |
hereafter amended and the fee or such lesser interest
in land |
may be acquired as the municipality may deem necessary;
|
(e) Finance the acquisition, construction, maintenance |
and/or operation
of such parking facilities by means of general |
tax funds, special
assessments, special taxation, revenue |
bonds, parking fees, special
charges, rents or by any |
combination of such methods; and
|
(f) Borrow money and issue and sell revenue bonds in such |
amount or
amounts as the corporate authorities may determine |
for the purpose of
acquiring, completing, erecting, |
constructing, equipping, improving,
extending, maintaining or |
operating any or all of its parking facilities,
and refund and |
refinance the same from time to time as often as it shall be
|
advantageous and to the public interest to do so.
|
If any part of the financing of the acquisition and/or |
construction of
such parking facilities is done by means of |
special assessments or special
taxation, the provisions of |
Division 2 of Article 9 of this Code shall be
followed with |
respect to the special assessments or special taxation for
such |
purpose.
|
(Source: P.A. 82-783.)
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(65 ILCS 5/11-71-10) (from Ch. 24, par. 11-71-10)
|
Sec. 11-71-10. In addition to the other powers granted in |
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this Division,
the corporate authorities may lease the space |
over any municipally owned
parking lot to any person, firm or |
corporation if the corporate authorities
first determine by |
resolution that such lease is in the best public
interest and |
stating the reasons therefor. Such lease shall be granted by
an |
ordinance and shall not exceed 99 years in length.
|
The lease shall specify the purpose for which the leased |
space may be
used. If the purpose is to erect in the space a |
building or other structure
attached to the lot, the lease |
shall contain a reasonably accurate
description of the building |
to be erected and of the manner in which it
shall be imposed |
upon or around the lot. In such case, the lease shall
provide |
for use by the lessee of such areas of the surface of such lot |
as
may be essential for the support of the building or other |
structure to be
erected as well as for the connection of |
essential public or private
utilities to such building or |
structure.
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Any building erected in the space leased shall be operated, |
as far as is
practicable, separately from the parking lot owned |
by the municipality.
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Such lease shall be signed in the name of the municipality |
by the mayor
or president and shall be attested by the |
municipal clerk under the
corporate seal. The lease shall also |
be executed by the lessee in such
manner as may be necessary to |
bind him. After being so executed, the lease
shall be duly |
acknowledged and thereupon shall be recorded in the office of
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the recorder of the county in which is located the land |
involved
in the lease.
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If, in the judgment of the corporate authorities, the |
public interest
requires that any building erected in the |
leased space be removed so that a
street, alley, or public |
place may be restored to its original condition,
the lessor |
municipality may condemn the lessee's interest in the leased
|
space by proceeding in the manner provided
for the exercise of |
the right
of eminent domain under the Eminent Domain Act
|
Article VII of the Code of Civil Procedure . After
payment of |
|
such damages as may be fixed in the
condemnation proceedings, |
the municipality may remove all buildings or
other structures |
from the leased space and restore the buildings adjoining
the |
leased space to their original condition.
|
Any building or other structure erected above a municipally |
owned
parking lot shall be subject to all property taxes levied |
on private
property within the same taxing authorities unless |
such building or
structure is wholly owned by the municipality |
and wholly used for
governmental purposes.
|
No provision of this section shall be construed to abrogate |
or vary the
terms of any mortgage in effect upon the effective |
date of this amendatory
act of 1961 relative to the use of any |
such parking lot.
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(Source: P.A. 83-358.)
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(65 ILCS 5/11-74.2-9) (from Ch. 24, par. 11-74.2-9)
|
Sec. 11-74.2-9. In exercising the power to acquire real |
estate as provided
in this Division, the corporate authorities |
may proceed by gift, purchase
or condemnation to acquire the |
fee simple title to all real property lying
within a |
redevelopment area, including easements and reversionary |
interests
in the streets, alleys and other public places lying |
within such area; if
the property is to be obtained by |
condemnation, such power of condemnation
may be exercised only |
when at least 85% of the land located within the
boundaries of |
each plan has been acquired previously by the corporate
|
authorities or private organization pursuant to the |
implementation of the
plan through good faith negotiations and |
such negotiations are unsuccessful
in acquiring the remaining |
land. If any such real property is subject to an
easement the |
corporate authorities in their discretion, may acquire the fee
|
simple title to such real property subject to such easement if |
they
determine that such easement will not interfere with |
carrying out the
redevelopment plan. If any such real property |
is already devoted to a
public use it may nevertheless be |
acquired, provided that no property
belonging to the United |
|
States of America, the State of Illinois or any
municipality |
may be acquired without the consent of such governmental unit
|
and that no property devoted to a public use belonging to a |
corporation
subject to the jurisdiction of the Illinois |
Commerce Commission may be
acquired without the approval of the |
Illinois Commerce Commission. In
carrying out the provisions of |
this Division, the corporate authorities are
vested with the |
power to exercise the right of eminent domain. Condemnation
|
proceedings instituted by the corporate authorities shall be in |
the manner
provided for the exercise of the right of eminent |
domain
under the Eminent Domain Act
Article VII of the Code of |
Civil Procedure, as heretofore or hereafter
amended . No power |
of
condemnation shall be used to acquire a site for a |
commercial project as
defined in paragraph (c) of Section |
11-74.2-2.
|
Nothing in this Section shall be construed to exclude |
property in a
final redevelopment plan from taxation.
|
(Source: P.A. 82-783.)
|
(65 ILCS 5/11-75-5) (from Ch. 24, par. 11-75-5)
|
Sec. 11-75-5. If, in the judgment of the corporate |
authorities, the public
interest requires that any building |
erected in the leased space be removed
so that a street, alley, |
or public place may be restored to its original
condition, the |
lessor municipality may condemn the lessee's interest in the
|
leased space by proceeding in the manner provided for the |
exercise of the
right of eminent domain under the Eminent |
Domain Act
Article VII of the Code of Civil Procedure, as |
heretofore and
hereafter amended . After payment of such damages |
as may be fixed in the
condemnation proceedings, the |
municipality may remove all buildings or
other structures from |
the leased space and restore the buildings adjoining
the leased |
space to their original condition.
|
(Source: P.A. 82-783.)
|
(65 ILCS 5/11-92-3) (from Ch. 24, par. 11-92-3)
|
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Sec. 11-92-3. The city or village, to carry out the |
purposes of this
Division 92, has all the rights and powers |
over its harbor as it does over
its other property, and its |
rights and powers include but are not limited
to the following:
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(a) To furnish complete harbor facilities and services, |
including but
not limited to: launching, mooring, docking, |
storing, and repairing
facilities and services; parking |
facilities for motor vehicles and boat
trailers; and roads for |
access to the harbor.
|
(b) To acquire by gift, legacy, grant, purchase, lease, or |
by
condemnation in the manner provided for
the exercise of the |
right of
eminent domain under the Eminent Domain Act
Article |
VII of the Code of Civil Procedure, approved
August 19, 1981, |
as
amended , and property necessary or appropriate for the |
purposes of this
Division 92, including riparian rights, within |
or without the city or
village.
|
(c) To use, occupy and reclaim submerged land under the |
public waters of
the State and artificially made or reclaimed |
land anywhere within the
jurisdiction of the city or village, |
or in, over, and upon bordering public
waters.
|
(d) To acquire property by agreeing on a boundary line in |
accordance
with the procedures set forth in Sections 11-123-8 |
and 11-123-9.
|
(e) To locate and establish dock, shore and harbor lines.
|
(f) To license, regulate, and control the use and operation |
of the
harbor, including the operation of all waterborne |
vessels in the harbor and
within 1000 feet of the outer limits |
of the harbor, or otherwise within the
jurisdiction of the city |
or village, except that such city or village shall
not forbid |
the full and free use by the public of all navigable waters, as
|
provided by federal law.
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(g) To charge and collect fees for all facilities and |
services, and
compensation for materials furnished.
|
(h) To appoint harbor masters and other personnel, defining |
their duties
and authority.
|
(i) To enter into contracts and leases of every kind, |
|
dealing in any
manner with the objects and purposes of this |
Division 92, upon such terms
and conditions as the city or |
village determines.
|
(Source: P.A. 83-388.)
|
(65 ILCS 5/11-97-2) (from Ch. 24, par. 11-97-2)
|
Sec. 11-97-2. The corporate authorities of any |
municipality, whether
incorporated under the general law or a |
special charter, may lay out,
establish, open, alter, widen, |
extend, grade, pave, or otherwise improve
and maintain one or |
more driveways from the corporate limits of the
municipality to |
parks owned by the municipality outside its corporate
limits. |
The cost of these driveways may be paid out of any fund in the
|
municipal treasury, acquired under the authority of law for |
park purposes.
The corporate authorities may acquire the land |
necessary for this purpose
by purchase, legacy or gift, or in |
case the land cannot be so acquired,
they may acquire it by |
condemnation in the manner provided for the exercise
of the |
right of eminent domain under the Eminent Domain Act
Article |
VII of the Code of Civil Procedure,
approved August 19, 1981, |
as amended .
|
(Source: P.A. 83-388.)
|
(65 ILCS 5/11-103-3) (from Ch. 24, par. 11-103-3)
|
Sec. 11-103-3. In all cases where property or rights are |
acquired or sought
to be acquired by condemnation, the |
procedure shall be, as nearly as may
be, like that provided for |
the exercise of the
right of eminent domain under the Eminent |
Domain Act
Article VII of the Code of Civil Procedure, as |
heretofore and
hereafter amended .
|
(Source: P.A. 82-783.)
|
(65 ILCS 5/11-119.1-7) (from Ch. 24, par. 11-119.1-7)
|
Sec. 11-119.1-7. Except as otherwise provided by this |
Division, a municipal
power agency may acquire all real or |
personal property that it deems necessary
for carrying out the |
|
purposes of this Division, whether in fee simple absolute
or a |
lesser interest, by condemnation and the exercise of the power |
of eminent
domain in the manner provided in the Eminent Domain |
Act
Article VII of the Code of Civil Procedure .
A municipal |
power agency shall have no power of eminent domain with respect
|
to any real or personal property owned or leased by any |
eligible utility
as part of a system, whether existing, under |
construction or being planned,
of facilities for the |
generation,
transmission, production or distribution of |
electrical power.
|
The authority of a municipal power agency to acquire real |
or personal property
by condemnation or the exercise of the |
power of eminent domain shall be
a continuing power, and no |
exercise thereof shall exhaust it.
|
(Source: P.A. 83-997.)
|
(65 ILCS 5/11-119.2-7) (from Ch. 24, par. 11-119.2-7)
|
Sec. 11-119.2-7. Except as otherwise provided by this |
Division, a municipal
natural gas agency may acquire all real |
or personal property that it deems necessary
for carrying out |
the purposes of this Division, whether in fee simple absolute
|
or a lesser interest, by condemnation and the exercise of the |
power of eminent
domain in the manner provided in the Eminent |
Domain Act
Article VII of the Code of Civil Procedure .
A |
municipal natural gas agency shall have no power of eminent |
domain with respect
to any real or personal property owned or |
leased by any eligible utility
as part of a system, whether |
existing, under construction or being planned,
of facilities |
for the storage, exploration,
transmission, production or |
distribution of natural gas.
|
The authority of a municipal natural gas agency to acquire |
real or personal property
by condemnation or the exercise of |
the power of eminent domain shall be
a continuing power, and no |
exercise thereof shall exhaust it.
|
(Source: P.A. 84-1221.)
|
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(65 ILCS 5/11-123-4) (from Ch. 24, par. 11-123-4)
|
Sec. 11-123-4. Every city and village for the purpose of |
carrying out the
powers granted in this Division 123, may |
acquire by purchase, gift, or
condemnation, any property |
necessary or appropriate for any of the purposes
enumerated in |
this Division 123. In all cases where property is acquired or
|
sought to be acquired by condemnation, the procedure shall be, |
as nearly as
may be, like that provided for the exercise of
the |
right of eminent domain under the Eminent Domain Act
Article |
VII of the Code of Civil Procedure, as heretofore and
hereafter |
amended . Nothing in this Section limits the power of a
|
municipality to acquire by grant from the state submerged land |
or
artificially made or reclaimed land as provided in Section |
11-123-9.
|
(Source: P.A. 82-783.)
|
(65 ILCS 5/11-130-9) (from Ch. 24, par. 11-130-9)
|
Sec. 11-130-9. For the purpose of purchasing any waterworks |
under this
Division 130, or for the purpose of purchasing any |
property necessary
therefor, the municipality has the right of |
eminent domain as provided by
the Eminent Domain Act
Article |
VII of the Code of Civil Procedure, as heretofore and hereafter |
amended .
|
(Source: P.A. 82-783.)
|
(65 ILCS 5/11-135-6) (from Ch. 24, par. 11-135-6)
|
Sec. 11-135-6. Whenever such commission shall pass an |
ordinance for the
construction or acquisition of any waterworks |
properties, or improvements
or extension or mains, pumping |
stations, reservoirs or other appurtenances
thereto, which |
such commission is authorized to make, the making of which
will |
require that private property be taken or damaged, such |
commission may
cause compensation therefor to be ascertained |
and may condemn and acquire
possession thereof in the same |
manner as nearly as may be, as provided for
the exercise of the |
right of eminent domain under the Eminent Domain Act
Article |
|
VII of the Code of Civil Procedure, as heretofore and hereafter |
amended . However,
proceedings to ascertain the compensation to |
be paid for taking or damaging
private property shall in all |
cases be instituted in the circuit court
of the county where |
the property sought to be taken or damaged is situated.
|
In addition, when a Water Commission created under the |
Water Commission
Act of 1985, as amended, requires that public |
property be taken or damaged
for the purposes specified above, |
such commission may condemn and acquire
possession of public |
property and cause compensation for such public
property to be |
ascertained in the same manner provided for the exercise of
the |
right of eminent domain under the Eminent Domain Act
Article |
VII of the Code of Civil Procedure, as amended , during such |
time as the Commission has the power to
initiate action in the |
manner provided by Article 20 of the Eminent Domain Act |
(quick-take procedure)
Sections 7-103 through Sections
7-112 |
of the Code of Civil Procedure, as amended .
|
In the event a Commission created under the Water |
Commission Act of
1985 shall determine that negotiations for |
the acquisition of property or
easements for making any
|
improvement which such Commission is authorized to make have |
proven
unsuccessful and the Commission shall have by resolution |
adopted a schedule
or plan of operation for the execution of |
the project and therein made a
finding that it is necessary to |
take such property or easements immediately
or at some |
specified later date in order to comply with the schedule, the
|
Commission may commence proceedings to acquire such property or |
easements
in the same manner provided in Article 20 of the |
Eminent Domain Act (quick-take procedure)
Sections 7-103 |
through 7-112 of the Code of
Civil Procedure, as amended ; |
except that if the property or easement is
located in a |
municipality having more than 2,000,000 inhabitants, the
|
Commission may not commence such proceedings until the |
acquisition has been
approved by ordinance of the corporate |
authorities of the municipality.
|
Any commission has the power to acquire, hold, sell, lease |
|
as lessor or
lessee, transfer or dispose of real or personal |
property, or interest
therein, as it deems appropriate in the |
exercise of its powers for its
lawful purposes. When, in the |
opinion of a commission, real estate owned by
it, however |
acquired, is no longer necessary, appropriate, required for
the |
use of, profitable to, or for best interest of the commission, |
such
commission may, by resolution, lease such surplus real |
estate for a period
not to exceed 99 years, or sell such |
surplus real estate, in accordance
with procedures adopted by |
resolution by such commission.
|
(Source: P.A. 84-1473.)
|
(65 ILCS 5/11-136-6) (from Ch. 24, par. 11-136-6)
|
Sec. 11-136-6. Whenever such commission shall pass an |
ordinance for the
construction or acquisition of any waterworks |
properties or sewer
properties or improvements or extensions or |
mains, pumping stations,
reservoirs or other appurtenances |
thereto, which such commission is
authorized to make, the |
making of which will require that private property
be taken or |
damaged, such commission may cause compensation therefor to be
|
ascertained and may condemn and acquire possession thereof in |
the same
manner as nearly as may be, as provided for the
|
exercise of the right of eminent domain under the Eminent |
Domain Act
Article VII of the Code of Civil Procedure, as
|
heretofore and hereafter amended . However, proceedings to |
ascertain the
compensation to be paid for taking or damaging |
private property shall in
all cases be instituted in the county |
where the property sought to be taken
or damaged is situated.
|
(Source: P.A. 82-783.)
|
(65 ILCS 5/11-139-12) (from Ch. 24, par. 11-139-12)
|
Sec. 11-139-12. For the purpose of acquiring, |
constructing, extending, or
improving any combined waterworks |
and sewerage system under this Division
139, or any property |
necessary or appropriate therefor, any municipality
has the |
right of eminent domain, as provided by the Eminent Domain Act
|
|
Article VII of the Code of Civil Procedure, as heretofore and |
hereafter amended .
|
The fair cash market value of an existing waterworks and |
sewerage system,
or portion thereof, acquired under this |
Division 139, which existing system
is a special use property |
as defined in Article VII of the "Code of Civil
Procedure", |
approved August 19, 1981, as heretofore or hereafter amended ,
|
may be determined in accordance with the following valuation |
principles.
|
The fair cash market value of existing facilities, whether |
real or
personal, may be determined by utilizing the net |
earnings which are attributable
to the facilities in question |
for the preceding fiscal year on the date the
condemnation |
petition is filed,
over the remaining useful life of the |
facilities. Said earnings may be
capitalized under an annuity |
capitalization method and discounted to present
value. The fair |
cash market value of any extensions, additions or improvements
|
of the existing system made subsequent to the date that the |
condemnation
petition is filed may be determined by utilizing |
the probable net earnings
attributable to the facilities in |
question over the
remaining life of the facilities. The |
probable earnings may be capitalized
under an annuity |
capitalization method and discounted to present value.
|
The value of the land and easements upon which the |
facilities are situated
may be determined in accordance with |
the foregoing principles, giving
due account to the special use |
of the property for water and sewerage purposes.
|
For the purposes of this Section no prior approval of the |
Illinois Commerce
Commission, or any other body having |
jurisdiction over the existing system,
shall be required.
|
(Source: P.A. 83-1466.)
|
(65 ILCS 5/11-141-10) (from Ch. 24, par. 11-141-10)
|
Sec. 11-141-10. For the purpose of improving or extending, |
or constructing
or acquiring and improving and extending a |
sewerage system under this
Division 141, a municipality may |
|
acquire any property necessary or
appropriate therefor by |
eminent domain as provided by the Eminent Domain Act
Article |
VII of the Code of Civil Procedure,
as heretofore and hereafter |
amended .
|
(Source: P.A. 82-783.)
|
Section 95-10-70. The Sports Stadium Act is amended by |
changing Section 3 as follows:
|
(65 ILCS 100/3) (from Ch. 85, par. 6033)
|
Sec. 3. In order to accomplish the purposes of this Act, a
|
municipality with a population in excess of 2,000,000 may |
acquire by
eminent domain, by a complaint filed before July 1, |
1992, pursuant to
Article VII of the Code of Civil Procedure |
(now the Eminent Domain Act) , as now or hereafter amended,
and |
such municipality may acquire by immediate vesting of title, |
commonly
referred to as "quick take," pursuant to Sections |
7-102 through 7-112 of
the Code of Civil Procedure (now Article |
20 of the Eminent Domain Act) , as now or hereafter amended,
|
real or personal
property or interests in real or personal |
property located within any of
the following described parcels |
for the purpose of facilitating the
construction of an indoor |
stadium for professional sports and amusement
events having a |
seating capacity of less than 28,000:
|
PARCEL 1:
|
THAT PART OF SECTIONS 7 AND 18, TOWNSHIP 39 NORTH, RANGE 14 |
EAST OF THE
THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS |
BOUNDED AS FOLLOWS: ON
THE NORTH BY THE NORTH LINE OF |
WASHINGTON STREET, ON
THE EAST BY THE EAST LINE OF PAULINA |
STREET, ON THE SOUTH BY THE SOUTH LINE OF
ADAMS STREET AND ON |
THE WEST BY THE WEST LINE OF DAMEN AVENUE (BUT
EXCEPTING THE |
BLOCK BOUNDED ON THE NORTH BY THE SOUTH LINE OF
WASHINGTON |
STREET, ON THE EAST BY THE WEST LINE OF HERMITAGE AVENUE, ON |
THE
SOUTH BY THE NORTH LINE OF WARREN BOULEVARD AND ON THE WEST |
BY THE EAST
LINE OF WOOD STREET; ALSO EXCEPTING THE BLOCK |
BOUNDED ON THE NORTH BY THE
SOUTH LINE OF MONROE STREET, ON THE |
|
EAST BY THE WEST LINE OF WOOD STREET,
ON THE SOUTH BY THE NORTH |
LINE OF ADAMS STREET AND ON THE WEST BY THE EAST
LINE OF HONORE |
STREET; ALSO EXCEPTING LOTS 17 AND 18 IN BLOCK 5 OF ASHLANDS
|
SECOND ADDITION TO CHICAGO, A SUBDIVISION OF THE WEST 1/2 OF |
THE NORTH EAST
1/4 OF SAID SECTION 18, IN THE WEST 1/2 OF THE |
NORTH EAST 1/4 OF SECTION
18, TOWNSHIP 39 NORTH, RANGE 14 EAST |
OF THE THIRD PRINCIPAL MERIDIAN, IN
COOK COUNTY, ILLINOIS; ALSO |
EXCEPTING THE BLOCK BOUNDED ON THE NORTH BY THE
SOUTH LINE OF |
WASHINGTON BOULEVARD, ON THE EAST BY THE WEST LINE OF WOLCOTT
|
AVENUE, ON THE SOUTH BY THE NORTH LINE OF WARREN BOULEVARD AND |
ON THE WEST
BY THE EAST LINE OF DAMEN AVENUE; ALSO EXCEPTING |
LOTS 43 THROUGH 48 IN H.
H. WALKER'S RESUBDIVISION OF BLOCKS 12 |
AND 13 IN S.F. SMITH'S SUBDIVISION
OF THE NORTHEAST QUARTER OF |
THE NORTHEAST QUARTER IN THE EAST 1/2 OF THE
NORTHEAST 1/4 OF |
SECTION 18, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD
|
PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS).
|
PARCEL 2:
|
LOTS 14 THROUGH 24 AND LOTS 33 THROUGH 48, BOTH INCLUSIVE, IN |
THE
SUBDIVISION OF BLOCK 61 OF CANAL TRUSTEES' SUBDIVISION
OF |
SECTION 7, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD |
PRINCIPAL
MERIDIAN, IN COOK COUNTY, ILLINOIS.
|
PARCEL 3:
|
THE BLOCK BOUNDED ON THE NORTH BY THE SOUTH LINE OF MADISON |
STREET, BOUNDED
ON THE EAST BY THE WEST LINE OF DAMEN AVENUE, |
BOUNDED ON THE SOUTH BY THE
NORTH LINE OF MONROE STREET, |
BOUNDED ON THE WEST BY THE EAST LINE OF SEELEY
AVENUE IN THE |
EAST 1/2 OF THE NORTH WEST 1/4 OF SECTION 18, TOWNSHIP 39
|
NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK |
COUNTY, ILLINOIS.
|
However, such municipality shall not have the power to |
acquire by eminent
domain any property located within the |
foregoing parcels which is owned,
leased, used or occupied by |
the Chicago Board of Education, the Chicago
Housing Authority, |
the Chicago Park District, or any unit of local
government, and |
which was also so owned, leased, used or occupied on
January 1, |
1989.
|
|
(Source: P.A. 86-110; 87-895.)
|
Section 95-10-75. The Airport Authorities Act is amended by |
changing Section 9 as follows:
|
(70 ILCS 5/9) (from Ch. 15 1/2, par. 68.9)
|
Sec. 9. Procedure for eminent domain. In all cases where |
land in fee simple, rights in land, air or water,
easements or |
other interests in land, air or water or property or property
|
rights are acquired or sought to be acquired by said authority |
by
condemnation, the procedure shall be, as nearly as may be, |
in accordance
with that provided for the exercise of the right |
of eminent domain under
the Eminent Domain Act
Article VII of |
the Code of Civil Procedure, as now or hereafter amended .
|
(Source: P.A. 82-783.)
|
Section 95-10-80. The Kankakee River Valley Area Airport |
Authority Act is amended by changing Section 3 as follows:
|
(70 ILCS 15/3) (from Ch. 15 1/2, par. 703)
|
Sec. 3. Purposes. It is hereby declared, as a matter of |
legislative
determination, that in order to promote the general |
welfare, to facilitate
safe and convenient air travel and |
transport to and from the Kankakee River
Valley Area, by the |
acquisition or construction and maintenance and
operation of |
one or more airports in the Kankakee River Valley Area, and to
|
promote the economic development of the area surrounding any |
such airport
in a manner compatible with the safe and efficient |
operation thereof, it is
necessary in the public interest, and |
is hereby declared to be a public
purpose, to provide for the |
establishment of a Kankakee River Valley Area
Airport Authority |
and to authorize such Authority:
|
(a) to acquire land for a new airport in the Kankakee River |
Valley Area
and to construct, operate and maintain such |
airport;
|
(b) to acquire land for such other airports at such |
|
locations within
the Kankakee River Valley Area as the |
Authority shall determine,
subject to a declaration of public |
interest enacted into law by the
General Assembly and to |
construct, operate and maintain any such
airports, and to |
acquire, by purchase, lease or otherwise, such other
existing |
airports within the Kankakee River Valley Area as the
Authority |
shall deem necessary and to improve, operate and maintain any
|
such airports;
|
(c) to acquire, by purchase, lease or otherwise, construct, |
operate
and maintain related facilities for any such airport |
and to let or grant
concessions or privileges in any such |
related facilities;
|
(d) to acquire land lying within the perimeter area of any |
such
airport; to construct, operate and maintain related |
facilities and
perimeter area facilities in the perimeter area |
of any such airport; and
to let or grant concessions or |
privileges in any part or all of the
perimeter area of any such |
airport and the perimeter area facilities
thereon;
(e) to |
exercise the right of eminent domain to acquire land for |
airports
at such locations within the Kankakee River Valley |
Area as the Authority
shall deem necessary in the manner |
provided for the exercise of the right
of eminent domain under |
the Eminent Domain Act
Article VII of the Code of Civil |
Procedure .
|
(Source: P.A. 86-1400.)
|
Section 95-10-85. The Civic Center Code is amended by |
changing Sections 2-20, 10-15, 20-15, 75-20, 80-15, 125-15, |
155-15, 185-15, 200-15, 205-15, 215-15, 255-20, 265-20, and |
280-20 as follows:
|
(70 ILCS 200/2-20)
|
Sec. 2-20. Rights and powers, including eminent domain. The |
Authority
shall have the following
rights and powers:
|
(a) To acquire, purchase, own, construct, lease as lessee |
or in any other
way acquire, improve, extend, repair, |
|
reconstruct, regulate, operate, equip
and maintain exhibition |
centers, civic auditoriums, cultural facilities
and office |
buildings, including sites and parking areas and commercial
|
facilities therefor located within the metropolitan area;
|
(b) To plan for such grounds, centers and auditoriums and |
to plan, sponsor,
hold, arrange and finance fairs, industrial, |
cultural, educational, trade
and scientific exhibits, shows |
and events and to use or allow the use
of such grounds, |
centers, and auditoriums
for the holding of fairs, exhibits, |
shows and events whether conducted
by the Authority or some |
other person
or governmental agency;
|
(c) To exercise the right of eminent domain to acquire |
sites for such
grounds, centers, buildings and auditoriums, and |
parking areas and facilities
in the
manner provided for the |
exercise of the right of eminent domain under the Eminent |
Domain Act
Article VII of the Code of Civil Procedure, as |
amended ;
|
(d) To fix and collect just, reasonable and |
nondiscriminatory charges
and rents for the use of such parking |
areas and facilities, grounds, centers,
buildings and
|
auditoriums and admission charges to fairs, shows, exhibits and |
events
sponsored
or held by the Authority. The charges |
collected may be made available
to defray the reasonable |
expenses of the Authority and to pay the principal
of and the |
interest on any bonds issued by the Authority;
|
(e) To enter into contracts treating in any manner with the |
objects and
purposes of this Article.
|
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/10-15)
|
Sec. 10-15. Rights and powers. The Authority shall have
the |
following rights and powers:
|
(a) To acquire, purchase, own, construct, lease as lessee |
or in any
other way acquire, improve, extend, repair, |
reconstruct, regulate, operate,
equip and maintain fair |
expositions grounds, convention or exhibition
centers, civic |
|
auditoriums, and office, educational and municipal buildings,
|
including
sites and parking areas and facilities therefor |
located within the
metropolitan area.
|
(b) To enter into contracts treating in any manner with the |
objects and
purposes of this Article.
|
(c) To plan for such grounds, centers and auditoriums and |
to plan,
sponsor, hold, arrange, and finance fairs, industrial, |
cultural,
educational, trade and scientific exhibits, shows |
and events and to use or
allow the use of such grounds, centers |
and auditoriums for the holding of
fairs, exhibits, shows and |
events whether conducted by the Authority or
some other person |
or governmental agency.
|
(d) To exercise the right of eminent domain to acquire |
sites for such
grounds, centers, buildings and auditoriums, and |
parking areas and
facilities in the manner provided for the |
exercise of
the right of eminent domain under the Eminent |
Domain Act
Article VII of the Code of Civil Procedure, as |
amended .
|
(e) To fix and collect just, reasonable and |
nondiscriminatory charges
and rents for the use of such parking |
areas and facilities, grounds,
centers, buildings and |
auditoriums and admission charges to fairs, shows,
exhibits and |
events sponsored or held by the Authority. The charges
|
collected may be made available to defray the reasonable |
expenses of the
Authority and to pay the principal of and the |
interest on any bonds issued
by the Authority.
|
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/20-15)
|
Sec. 20-15. Rights and powers. The Authority shall have
the |
following rights and powers:
|
(a) To purchase, own, construct, lease as lessee or in any |
other way
acquire,
improve, extend, repair, reconstruct, |
regulate, operate, equip and maintain
fair and expositions |
grounds, convention or exhibition centers, civic
auditoriums,
|
office and municipal buildings, and associated facilities, |
|
including but
not limited to hotel and restaurant facilities; |
and sites and parking areas
and facilities therefor located |
within the metropolitan area;
|
(b) To plan for such grounds, centers and auditoriums and |
to plan, sponsor,
hold, arrange and finance fairs, industrial, |
cultural, educational, theatrical,
sports, trade
and |
scientific exhibits, shows and events and to use, lease as |
lessor, or allow
the use
of such grounds, centers, auditoriums |
and associated
facilities for the holding of fairs, exhibits, |
shows and events whether
conducted by the Authority or some |
other person
or governmental agency;
|
(c) To exercise the right of eminent domain to acquire |
sites for such
grounds, centers, auditoriums, associated |
facilities, and parking areas
and facilities in the
manner |
provided for the exercise of the right of eminent domain under
|
the Eminent Domain Act
Article VII of the Code of Civil |
Procedure, as amended ;
|
(d) To fix and collect just, reasonable and |
nondiscriminatory charges
for the use of such parking areas and |
facilities, grounds, centers,
auditoriums and associated |
facilities and admission charges to fairs, shows,
exhibits and |
events sponsored or held by the Authority. The charges |
collected
may be made available
to defray the reasonable |
expenses of the Authority and to pay the principal
of and the |
interest on any bonds issued by the Authority;
|
(e) To enter into contracts treating any manner with the |
objects and
purposes
of this Article.
|
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/75-20)
|
Sec. 75-20. Rights and powers. The Authority shall have
the |
following rights and powers:
|
(a) To acquire, purchase, own, construct, lease as lessee |
or in any
other way acquire, improve, extend, repair, |
reconstruct, regulate, operate,
equip and maintain fair |
expositions grounds, convention or exhibition
centers, civic |
|
auditoriums, and office and municipal buildings, including
|
sites and parking areas and facilities therefor located within |
the
metropolitan area.
|
(b) To enter into contracts treating in any manner with the |
objects and
purposes of this Article.
|
(c) To plan for such grounds, centers and auditoriums and |
to plan,
sponsor, hold, arrange, and finance fairs, industrial, |
cultural,
educational, trade and scientific exhibits, shows |
and events and to use or
allow the use of such grounds, centers |
and auditoriums for the holding of
fairs, exhibits, shows and |
events whether conducted by the Authority or
some other person |
or governmental agency.
|
(d) To exercise the right of eminent domain to acquire |
sites for such
grounds, centers, buildings and auditoriums, and |
parking areas and
facilities in the manner provided for the |
exercise of
the right of eminent domain under the Eminent |
Domain Act
Article VII of the Code of Civil Procedure, as |
amended .
|
(e) To fix and collect just, reasonable and |
nondiscriminatory charges
and rents for the use of such parking |
areas and facilities, grounds,
centers, buildings and |
auditoriums and admission charges to fairs, shows,
exhibits and |
events sponsored or held by the Authority. The charges
|
collected may be made available to defray the reasonable |
expenses of the
Authority and to pay the principal of and the |
interest on any bonds issued
by the Authority.
|
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/80-15)
|
Sec. 80-15. Rights and powers. The Authority shall have
the |
following rights and powers:
|
(a) To acquire, purchase, own, construct, lease as lessee |
or in any
other way acquire, improve, extend, repair, |
reconstruct, regulate, operate,
equip and maintain fair |
expositions grounds, convention or exhibition
centers, civic |
auditoriums, and office and county buildings, including
sites |
|
and parking areas and facilities therefor located within the
|
metropolitan area.
|
(b) To enter into contracts treating in any manner with the |
objects and
purposes of this Article.
|
(c) To plan for such grounds, centers and auditoriums and |
to plan,
sponsor, hold, arrange, and finance fairs, industrial, |
cultural,
educational, trade and scientific exhibits, shows |
and events and to use or
allow the use of such grounds, centers |
and auditoriums for the holding of
fairs, exhibits, shows and |
events whether conducted by the Authority or
some other person |
or governmental agency.
|
(d) To exercise the right of eminent domain to acquire |
sites for such
grounds, centers, buildings and auditoriums, and |
parking areas and
facilities in the manner provided for the |
exercise of
the right of eminent domain under the Eminent |
Domain Act
Article VII of the Code of Civil Procedure, as |
amended .
|
(e) To fix and collect just, reasonable and |
nondiscriminatory charges
and rents for the use of such parking |
areas and facilities, grounds,
centers, buildings and |
auditoriums and admission charges to fairs, shows,
exhibits and |
events sponsored or held by the Authority. The charges
|
collected may be made available to defray the reasonable |
expenses of the
Authority and to pay the principal of and the |
interest on any bonds issued
by the Authority.
|
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/125-15)
|
Sec. 125-15. Rights and powers. The Authority shall have |
the following rights and powers:
|
(a) To acquire, purchase, own, construct, lease as lessee |
or in any other
way acquire, improve, extend, repair, |
reconstruct, regulate, operate, equip
and maintain fair |
expositions grounds, convention or exhibition centers,
civic |
auditoriums, and office and county buildings, including sites |
and
parking areas and facilities therefor located within the |
|
metropolitan area.
|
(b) To enter into contracts treating in any manner with the |
objects and
purposes of this Article.
|
(c) To plan for such grounds, centers and auditoriums and |
to plan, sponsor,
hold, arrange, and finance fairs, industrial, |
cultural, educational, trade
and scientific exhibits, shows |
and events and to use or allow the use of
such grounds, centers |
and auditoriums for the holding of fairs, exhibits,
shows and |
events whether conducted by the Authority or some other person
|
or governmental agency.
|
(d) To exercise the right of eminent domain to acquire |
sites for such
grounds, centers, buildings and auditoriums, and |
parking areas and facilities
in the manner provided for the |
exercise of the right of eminent domain under
the Eminent |
Domain Act
Article VII of the Code of Civil Procedure, as |
amended .
|
(e) To fix and collect just, reasonable and |
nondiscriminatory charges
and rents for the use of such parking |
areas and facilities, grounds, centers,
buildings and |
auditoriums and admission charges to fairs, shows, exhibits
and |
events sponsored or held by the Authority. The charges |
collected may
be made available to defray the reasonable |
expenses of the Authority and
to pay the principal of and the |
interest on any bonds issued by the Authority.
|
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/155-15)
|
Sec. 155-15. Rights and powers. The Authority shall
have |
the following
rights and powers:
|
(a) To acquire, purchase, own, construct, lease as lessee |
or in any
other way acquire, improve, extend, repair, |
reconstruct, regulate, operate,
equip and maintain fair or |
exposition grounds, convention or exhibition
centers, civic |
auditoriums, and office and municipal buildings, including
|
sites and parking areas and facilities therefor located within |
the metropolitan
area.
|
|
(b) To enter into contracts treating in any manner with the |
objects and
purposes of this Article.
|
(c) To plan for such grounds, centers and auditoriums and |
to plan,
sponsor, hold, arrange, and finance fairs, industrial, |
cultural,
educational, trade and scientific exhibits, shows |
and events and to use or
allow the use of such grounds, centers |
and auditoriums for the holding of
fair, exhibits, shows and |
events, whether conducted by the Authority or
some other person |
or governmental agency.
|
(d) To exercise the right of eminent domain to acquire |
sites for such
grounds, centers, building and auditoriums, and |
parking areas and
facilities in the manner provided for the |
exercise of the right to eminent
domain under the Eminent |
Domain Act
Article VII of the Code of Civil Procedure, as now |
or hereafter
amended .
|
(e) To fix and collect just, reasonable and |
nondiscriminatory charges
and rents for the use of such parking |
areas and facilities, grounds,
centers, buildings and |
auditoriums, and to collect admission charges to
fairs, shows, |
exhibits and events sponsored or held by the Authority. The
|
charges collected may be made available to defray the |
reasonable expenses
of the Authority and to pay the principal |
of and the interest on any bonds
issued by the Authority.
|
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/185-15)
|
Sec. 185-15. Rights and powers. The Authority shall
have |
the following rights and powers:
|
(a) To acquire, purchase, own, construct, lease as lessee |
or in any other
way acquire, improve, extend, repair, |
reconstruct, regulate, operate, equip
and maintain fair |
expositions grounds, convention or exhibition centers,
civic |
auditoriums, and office and county buildings, including sites |
and
parking areas and facilities therefor located within the |
metropolitan area.
|
(b) To enter into contracts treating in any manner with the |
|
objects and
purposes of this Article.
|
(c) To plan for such grounds, centers and auditoriums and |
to plan, sponsor,
hold, arrange, and finance fairs, industrial, |
cultural, educational, trade
and scientific exhibits, shows |
and events and to use or allow the use of
such grounds, centers |
and auditoriums for the holding of fairs, exhibits,
shows and |
events whether conducted by the Authority or some other person
|
or governmental agency.
|
(d) To exercise the right of eminent domain to acquire |
sites for such
grounds, centers, buildings and auditoriums, and |
parking areas and facilities
in the manner provided for the |
exercise of the right of eminent domain under
the Eminent |
Domain Act
Article VII of the Code of Civil Procedure, as |
amended .
|
(e) To fix and collect just, reasonable and |
nondiscriminatory charges
and rents for the use of such parking |
areas and facilities, grounds, centers,
buildings and |
auditoriums and admission charges to fairs, shows, exhibits
and |
events sponsored or held by the Authority. The charges |
collected may
be made available to defray the reasonable |
expenses of the Authority and
to pay the principal of and the |
interest on any bonds issued by the Authority.
|
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/200-15)
|
Sec. 200-15. Rights and powers. The Authority shall
have |
the following rights and powers:
|
(a) To acquire, purchase, own, construct, lease as lessee |
or in any other
way acquire, improve, extend, repair, |
reconstruct, regulate, operate, equip
and maintain exhibitions |
grounds, convention or exhibition centers, civic
auditoriums, |
and office and municipal buildings, including sites and parking
|
areas and facilities therefor located within the metropolitan |
area.
|
(b) To enter into contracts treating in any manner with the |
objects and
purposes of this Article.
|
|
(c) To plan for such grounds, centers and auditoriums and |
to plan, sponsor,
hold, arrange and finance fairs, industrial, |
cultural, educational, trade
and scientific exhibits, shows |
and events and to use or allow the use
of such grounds, centers |
and auditoriums
for the holding of fairs, exhibits, shows and |
events whether conducted
by the Authority or some other person |
or governmental agency.
|
(d) To exercise the right of eminent domain to acquire |
sites for such
grounds, centers, buildings and auditoriums, and |
parking areas and facilities
in the manner provided for by the |
Eminent Domain Act
Article VII of the Code of Civil Procedure .
|
(e) To fix and collect just, reasonable and |
nondiscriminatory charges
and rents for the use of such parking |
areas and facilities, grounds, centers,
buildings and |
auditoriums and admission charges to fairs, shows, exhibits
and |
events sponsored or held by the Authority. The charges |
collected may
be made available to defray the reasonable |
expenses of the Authority and to
pay the principal of and the |
interest on any bonds issued by the Authority.
|
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/205-15)
|
Sec. 205-15. Rights and powers. The Authority shall have |
the following rights and powers:
|
(a) To purchase, own, construct, lease as lessee or in any |
other way
acquire, improve, extend, repair, reconstruct, |
regulate, operate, equip and
maintain fair and exposition |
grounds, convention or exhibition centers and
civic |
auditoriums, including sites and parking areas and facilities
|
therefor located within the City area, and to lease air space |
over and
appurtenant to such facilities;
|
(b) To plan for such grounds, centers and auditoriums and |
to plan,
sponsor, hold, arrange and finance fairs, industrial, |
cultural,
educational, trade and scientific exhibits, shows |
and events and to use or
allow the use of such grounds, centers |
and auditoriums for the holding of
fairs, exhibits, shows and |
|
events whether conducted by the Authority or
some other person |
or governmental agency;
|
(c) To exercise the right of eminent domain, to acquire |
sites for such
grounds, centers and auditoriums, and parking |
areas and facilities in the
manner provided for the exercise of |
the right of
eminent domain under the Eminent Domain Act
|
Article VII of the Code of Civil Procedure, as amended ;
|
(d) To fix and collect just, reasonable and |
nondiscriminatory charges
for the use of such parking areas, |
and facilities, grounds, centers and
auditoriums and admission |
charges to fairs, shows, exhibits and events
sponsored or held |
by the Authority. The charges collected may be made
available |
to defray the reasonable expenses of the Authority and to pay |
the
principal of and the interest of any bonds issued by the |
Authority;
|
(e) To enter into contracts treating in any manner with the |
objects and
purposes of this Article.
|
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/215-15)
|
Sec. 215-15. Rights and powers. The Authority shall
have |
the following rights and powers:
|
(a) To acquire, purchase, own, construct, lease as lessee |
or in any other
way acquire, improve, extend, repair, |
reconstruct, regulate, operate, equip
and maintain exhibitions |
grounds, convention or exhibition centers, civic
auditoriums, |
and office and municipal buildings, including sites and
parking |
areas and facilities therefor located within the metropolitan |
area.
|
(b) To enter into contracts treating in any manner with the |
objects and
purposes of this Article.
|
(c) To plan for such grounds, centers and auditoriums and |
to plan, sponsor,
hold, arrange and finance fairs, industrial, |
cultural, educational, trade
and scientific exhibits, shows |
and events and to use or allow the use
of such grounds, centers |
and auditoriums
for the holding of fairs, exhibits, shows and |
|
events whether conducted
by the Authority or some other person |
or governmental agency.
|
(d) To exercise the right of eminent domain to acquire |
sites for such
grounds, centers, buildings and auditoriums, and |
parking areas and
facilities in the manner provided for by the |
Eminent Domain Act
Article VII of the Code of Civil Procedure .
|
(e) To fix and collect just, reasonable and |
nondiscriminatory charges
and rents for the use of such parking |
areas and facilities, grounds,
centers, buildings and |
auditoriums and admission charges to fairs, shows,
exhibits and |
events sponsored or held by the Authority. The charges
|
collected may be made available to defray the reasonable |
expenses of the
Authority and to pay the principal of and the |
interest on any bonds issued
by the Authority.
|
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/255-20)
|
Sec. 255-20. Rights and powers. The Springfield
|
Metropolitan Exposition and Auditorium Authority
shall have |
the following rights and powers:
|
(a) To purchase, own, construct, lease as lessee or in any |
other way
acquire, improve, extend, repair, reconstruct, |
regulate, operate, equip and
maintain fair and exposition |
grounds, convention or exhibition centers and
civic |
auditoriums, including sites and parking areas and facilities
|
therefor located within the metropolitan area;
|
(b) To plan for such grounds, centers and auditoriums and |
to plan,
sponsor, hold, arrange and finance fairs, industrial, |
cultural,
educational, trade and scientific exhibits, shows |
and events and to use or
allow the use of such grounds, centers |
and auditoriums for the holding of
fairs, exhibits, shows and |
events whether conducted by the Authority or
some other person |
or governmental agency;
|
(c) To exercise the right of eminent domain to acquire
|
sites for such
grounds, centers and auditoriums, and parking |
areas and facilities in the
manner provided for the exercise of |
|
the right of
eminent domain under the Eminent Domain Act
|
Article VII of the Code of Civil Procedure, as amended ;
|
(d) To fix and collect just, reasonable and |
nondiscriminatory charges
for the use of such parking areas and |
facilities, grounds, centers and
auditoriums and admission |
charges to fairs, shows, exhibits and events
sponsored or held |
by the Authority. The charges collected may be made
available |
to defray the reasonable expenses of the Authority and to pay |
the
principal of and the interest on any bonds issued by the |
Authority;
|
(e) To enter into contracts treating in any manner with the |
objects and
purposes of this Article.
|
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/265-20)
|
Sec. 265-20. Rights and powers. The Authority shall have
|
the following rights and powers:
|
(a) To acquire, purchase, own, construct, lease as lessee |
or in any
other way acquire, improve, extend, repair, |
reconstruct, regulate, operate,
equip and maintain fair |
expositions grounds, convention or exhibition
centers, civic |
auditoriums, and office and municipal buildings, including
|
sites and parking areas and facilities therefor located within |
the
metropolitan area.
|
(b) To enter into contracts treating in any manner with the |
objects and
purposes of this Article.
|
(c) To plan for such grounds, centers and auditoriums and |
to plan,
sponsor, hold, arrange, and finance fairs, industrial, |
cultural,
educational, trade and scientific exhibits, shows |
and events and to use or
allow the use of such grounds, centers |
and auditoriums for the holding of
fairs, exhibits, shows and |
events whether conducted by the Authority or
some other person |
or governmental agency.
|
(d) To exercise the right of eminent domain to acquire |
sites for such
grounds, centers, buildings and auditoriums, and |
parking areas and
facilities in the manner provided for the |
|
exercise of
the right of eminent domain under the Eminent |
Domain Act
Article VII of the Code of Civil Procedure, as |
amended .
|
(e) To fix and collect just, reasonable and |
nondiscriminatory charges
and rents for the use of such parking |
areas and facilities, grounds,
centers, buildings and |
auditoriums and admission charges to fairs, shows,
exhibits and |
events sponsored or held by the Authority. The charges
|
collected may be made available to defray the reasonable |
expenses of the
Authority and to pay the principal of and the |
interest on any bonds issued
by the Authority.
|
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/280-20)
|
Sec. 280-20. Rights and powers. The Authority shall have
|
the following rights and powers:
|
(a) To purchase, own, construct, lease as lessee or in any |
other way
acquire, improve, extend, repair, reconstruct, |
regulate, operate, equip
and maintain fair and expositions |
grounds, convention or exhibition
centers, civic auditoriums, |
including sites and parking areas and
facilities therefor |
located within the metropolitan area and office buildings,
if |
such buildings are acquired as part of the main auditorium |
complex;
|
(b) To plan for such grounds, centers and auditoriums and |
to plan,
sponsor, hold, arrange and finance fairs, industrial, |
cultural,
educational, theatrical, sports, trade and |
scientific exhibits, shows
and events and to use or allow the |
use of such grounds, centers and
auditoriums for the holding of |
fairs, exhibits, shows and events whether
conducted by the |
Authority or some other person or governmental agency;
|
(c) To exercise the right of eminent domain to acquire |
sites for
such grounds, centers and auditoriums, and parking |
areas and facilities
in the manner provided for the exercise of |
the
right of eminent domain under the Eminent Domain Act
|
Article VII of the Code of Civil Procedure, as amended ;
|
|
(d) To fix and collect just, reasonable and |
nondiscriminatory
charges for the use of such parking areas and |
facilities, grounds,
centers and auditoriums and admission |
charges to fairs, shows, exhibits
and events sponsored or held |
by the Authority. The charges collected
may be made available |
to defray the reasonable expenses of the Authority
and to pay |
the principal of and the interest on any bonds issued by the
|
Authority;
|
(e) To enter into contracts treating any manner with the |
objects and
purposes of this Article.
|
(Source: P.A. 90-328, eff. 1-1-98.)
|
Section 95-10-90. The Metropolitan Pier and Exposition |
Authority Act is amended by changing Section 5 as follows:
|
(70 ILCS 210/5) (from Ch. 85, par. 1225)
|
Sec. 5. The Metropolitan Pier and Exposition Authority |
shall also have the
following rights and powers:
|
(a) To accept from Chicago Park Fair, a corporation, an |
assignment of
whatever sums of money it may have received |
from the Fair and Exposition
Fund, allocated by the |
Department of Agriculture of the State of Illinois,
and |
Chicago Park Fair is hereby authorized to assign, set over |
and transfer
any of those funds to the Metropolitan Pier |
and Exposition Authority. The
Authority has the right and |
power hereafter to receive sums as may be
distributed to it |
by the Department of Agriculture of the State of Illinois
|
from the Fair and Exposition Fund pursuant to the |
provisions of Sections 5,
6i, and 28 of the State Finance |
Act. All sums received by the Authority
shall be held in |
the sole custody of the secretary-treasurer of the
|
Metropolitan Pier and Exposition Board.
|
(b) To accept the assignment of, assume and execute any |
contracts
heretofore entered into by Chicago Park Fair.
|
(c) To acquire, own, construct, equip, lease, operate |
and maintain
grounds, buildings and facilities to carry out |
|
its corporate purposes and
duties, and to carry out or |
otherwise provide for the recreational,
cultural, |
commercial or residential development of Navy Pier, and to |
fix
and collect just, reasonable and nondiscriminatory |
charges for the use
thereof. The charges so collected shall |
be made available to defray the
reasonable expenses of the |
Authority and to pay the principal of and the
interest upon |
any revenue bonds issued by the Authority. The Authority
|
shall be subject to and comply with the Lake Michigan and |
Chicago Lakefront
Protection Ordinance, the Chicago |
Building Code, the Chicago Zoning
Ordinance, and all |
ordinances and regulations of the City of Chicago
contained |
in the following Titles of the Municipal Code of Chicago:
|
Businesses, Occupations and Consumer Protection; Health |
and Safety; Fire
Prevention; Public Peace, Morals and |
Welfare; Utilities
and Environmental Protection; Streets, |
Public Ways, Parks, Airports and
Harbors; Electrical |
Equipment and Installation; Housing and Economic
|
Development (only Chapter 5-4 thereof); and Revenue and |
Finance (only so far
as such Title pertains to the |
Authority's duty to collect taxes on behalf
of the City of |
Chicago).
|
(d) To enter into contracts treating in any manner with |
the objects and
purposes of this Act.
|
(e) To lease any buildings to the Adjutant General of |
the State of
Illinois for the use of the Illinois National |
Guard or the Illinois
Naval Militia.
|
(f) To exercise the right of eminent domain by |
condemnation proceedings
in the manner provided by the |
Eminent Domain Act
Article VII of the Code of Civil |
Procedure ,
including, with respect to Site B only, the |
authority to exercise quick
take condemnation by immediate |
vesting of title under Article 20 of the Eminent Domain Act
|
Sections 7-103
through 7-112 of the Code of Civil |
Procedure , to acquire any privately
owned real or personal |
property and, with respect to Site B only, public
property |
|
used for rail transportation purposes (but no such taking |
of such
public property shall, in the reasonable judgment |
of the owner, interfere
with such rail transportation) for |
the lawful purposes of the Authority in
Site A, at Navy |
Pier, and at Site B. Just compensation for property taken
|
or acquired under this paragraph shall be paid in money or, |
notwithstanding
any other provision of this Act and with |
the agreement of the owner of the
property to be taken or |
acquired, the Authority may convey substitute
property or |
interests in property or enter into agreements with the
|
property owner, including leases, licenses, or |
concessions, with respect to
any property owned by the |
Authority, or may provide for other lawful forms
of just |
compensation to the owner. Any property acquired in |
condemnation
proceedings shall be used only as provided in |
this Act. Except as
otherwise provided by law, the City of |
Chicago shall have a right of first
refusal prior to any |
sale of any such property by the Authority to a third
party |
other than substitute property. The Authority shall |
develop and
implement a relocation plan for businesses |
displaced as a result of the
Authority's acquisition of |
property. The relocation plan shall be
substantially |
similar to provisions of the Uniform Relocation Assistance
|
and Real Property Acquisition Act and regulations |
promulgated under that
Act relating to assistance to |
displaced businesses. To implement the
relocation plan the |
Authority may acquire property by purchase or gift or
may |
exercise the powers authorized in this subsection (f), |
except the
immediate vesting of title under Article 20 of |
the Eminent Domain Act
Sections 7-103 through 7-112 of the |
Code
of Civil Procedure , to acquire substitute private |
property within one mile
of Site B for the benefit of |
displaced businesses located on property being
acquired by |
the Authority. However, no such substitute property may be
|
acquired by the Authority unless the mayor of the |
municipality in which the
property is located certifies in |
|
writing that the acquisition is consistent
with the |
municipality's land use and economic development policies |
and
goals. The acquisition of substitute property is |
declared to be for public
use. In exercising the powers |
authorized in this subsection (f), the
Authority shall use |
its best efforts to relocate businesses within the area
of |
McCormick Place or, failing that, within the City of |
Chicago.
|
(g) To enter into contracts relating to construction |
projects which
provide for the delivery by the contractor |
of a completed project,
structure, improvement, or |
specific portion thereof, for a fixed maximum
price, which |
contract may provide that the delivery of the project,
|
structure, improvement, or specific portion thereof, for |
the fixed maximum
price is insured or guaranteed by a third |
party capable of completing
the construction.
|
(h) To enter into agreements with any person with |
respect to the use
and occupancy of the grounds, buildings, |
and facilities of the Authority,
including concession, |
license, and lease agreements on terms and conditions as
|
the Authority determines. Notwithstanding Section 24, |
agreements with respect
to the use and occupancy of the |
grounds, buildings, and facilities of the
Authority for a |
term of more than one year shall be entered into in |
accordance
with the procurement process provided for in |
Section 25.1.
|
(i) To enter into agreements with any person with |
respect to the
operation and management of the grounds, |
buildings, and facilities of the
Authority or the provision |
of goods and services on terms and
conditions as the |
Authority determines.
|
(j) After conducting the procurement process provided |
for in Section 25.1,
to enter into one or more contracts to |
provide for the design and
construction of all or part of |
the Authority's Expansion Project grounds,
buildings, and |
facilities. Any contract for design and construction of the
|
|
Expansion Project shall be in the form authorized by |
subsection (g), shall
be for a fixed maximum price not in |
excess of the funds that are authorized
to be made |
available
for those purposes during the term of the |
contract, and shall be entered
into before commencement of |
construction.
|
(k) To enter into agreements, including project |
agreements with labor
unions, that the Authority deems |
necessary to complete the Expansion Project
or any other |
construction or improvement project in the most timely
and |
efficient manner and without strikes, picketing, or other |
actions that
might cause disruption or delay and thereby |
add to the cost of the project.
|
Nothing in this Act shall be construed to authorize the |
Authority to spend
the proceeds of any bonds or notes issued |
under Section 13.2 or any taxes
levied under Section 13 to |
construct a stadium to be leased to or used by
professional |
sports teams.
|
(Source: P.A. 91-101, eff. 7-12-99; 91-357, eff. 7-29-99; |
92-208, eff. 8-2-01.)
|
Section 95-10-95. The Conservation District Act is amended |
by changing Section 12 as follows:
|
(70 ILCS 410/12) (from Ch. 96 1/2, par. 7112)
|
Sec. 12. To the extent necessary to carry out the purpose |
of this Act and
in addition to any other powers, duties and |
functions vested in a district
by law, but subject to such |
limitations and restrictions as are imposed
elsewhere by this |
Act or another law, a district is authorized and
empowered:
|
(a) To adopt by-laws, adopt and use a common seal, enter |
into contracts,
acquire and hold real and personal estate and |
take such other actions as
may be necessary for the proper |
conduct of its affairs.
|
(b) To make and publish all ordinances, rules and |
regulations necessary
for the management and protection of its |
|
property and the conduct of its
affairs.
|
(c) To study and ascertain the district's wildland and |
other open space
resources and outdoor recreation facilities, |
the need for preserving such
resources and providing such |
facilities and the extent to which such needs
are being |
currently met and to prepare and adopt a co-ordinated plan of
|
areas and facilities to meet such needs.
|
(d) To acquire by gift, legacy, purchase, condemnation
in |
the manner provided for the exercise of the right of eminent |
domain under
the Eminent Domain Act
Article VII of the Code of |
Civil Procedure, approved August 19, 1981,
as amended , lease, |
agreement or
otherwise the fee or any lesser right or interest |
in real property and to
hold the same with or without public |
access for open space, wildland,
scenic roadway, pathway, |
outdoor recreation, or other conservation
benefits. A district |
that is entirely within a county of under 200,000
inhabitants |
and contiguous to a county of more than 2,000,000
2,000,00
|
inhabitants
and that is authorized by referendum as provided in |
subsection (d) of
Section 15 to incur indebtedness over 0.575% |
but not to exceed 1.725% may
acquire an interest in real estate |
by condemnation only if approved by an
affirmative vote of |
two-thirds of the total number of trustees authorized
for that |
district; such a district may exchange, sell, or otherwise |
dispose
of any portion of any interest in real estate acquired |
by it by any means
within 2 years of acquiring that interest, |
provided that a public hearing on
the exchange, sale or other |
disposition of such real estate or interest therein
is held |
prior to such action.
|
The Department of Natural Resources, the county
board, or |
the governing
body of any municipality, district or public |
corporation may, upon request
of the conservation district, set |
apart and transfer any real or personal
property owned or |
controlled by it and not devoted or dedicated to any
other |
inconsistent public use, to the conservation district. In |
acquiring
or accepting land or rights thereto, due |
consideration shall be given to
its open space, outdoor |
|
recreation or other conservation values and no real
property |
shall be acquired or accepted which in the opinion of the |
district
or the Department of Natural Resources is of low
value |
from the standpoint of its proposed use.
|
(e) To classify, designate, plan, develop, preserve, |
administer and
maintain all areas, places and facilities in |
which it has an interest, and
construct, reconstruct, alter and |
renew buildings and other structures, and
equip and maintain |
the same.
|
(f) To accept gifts, grants, legacies, contributions
and |
appropriations
of money and other personal property for |
conservation purposes.
|
(g) To employ and fix the compensation of an executive |
officer who shall
be responsible to the board for the carrying |
out of its policies. The
executive officer shall have the |
power, subject to the approval of the
board, to employ and fix |
the compensation of such assistants and employees
as the board |
may consider necessary for carrying out the purposes and
|
provisions of this Act.
|
(h) To charge and collect reasonable fees for the use of |
such
facilities, privileges and conveniences as may be |
provided.
|
(i) To police its property and to exercise police powers in |
respect
thereto or in respect to the enforcement of any rule or |
regulation provided
by the ordinances of the district and to |
employ and commission police
officers and other qualified |
persons to enforce the same.
|
(j) To undertake studies pertaining to the natural history, |
archaeology,
history or conservation of natural resources of |
the county.
|
(k) To lease land for a period not longer than 50 years |
from the date of
the lease to a responsible person, firm, or |
corporation for construction,
reconstruction, alteration, |
renewal, equipment, furnishing, extension,
development, |
operation and maintenance of lodges, housekeeping and sleeping
|
cabins, swimming pools, golf courses, campgrounds, sand |
|
beaches, marinas,
convention and entertainment centers, roads |
and parking areas, and other
related buildings and facilities. |
In any lease of land leased pursuant to
this subsection (k), |
upon expiration of the lease title
to all structures on
the |
leased land shall be vested in the district.
|
(l) To lease any building or facility constructed, |
reconstructed,
altered, renewed, equipped, furnished, |
extended, developed, and maintained
by the district to a |
responsible person, firm, or corporation for operation
or |
development, or both, and maintenance for a period not longer |
than 20
years from the date of the lease.
|
(Source: P.A. 89-445, eff. 2-7-96; revised 10-11-05.)
|
Section 95-10-100. The Fort Sheridan Redevelopment |
Commission Act is amended by changing Section 15 as follows:
|
(70 ILCS 507/15)
|
Sec. 15. Fort Sheridan Redevelopment Commission; creation; |
duties.
|
(a) By intergovernmental agreement approved by ordinance |
adopted by any 3
or
more cities which are contiguous to or |
encompass all or part of Fort Sheridan,
and the county within |
which they lie, those cities and counties may establish
the |
Fort Sheridan Redevelopment Commission, itself a municipal |
corporation and
a public body politic and corporate. The |
intergovernmental agreement shall
provide the manner and terms |
on which any member may withdraw from membership
in the |
Commission and on which the Commission may terminate and |
dissolve in
whole or in part. The intergovernmental agreement |
may be amended
by the concurrence of all the members who have |
approved the existing
intergovernmental agreement. The |
intergovernmental agreement shall set forth
the
corporate name |
of the Commission as the "Fort Sheridan Redevelopment
|
Commission" and the duration of the Commission. The |
Commission's duration may
be perpetual. Promptly upon entering |
into an
intergovernmental agreement establishing the |
|
Commission or
upon amending any intergovernmental agreement, a |
copy of the
intergovernmental agreement or amendment shall be |
filed in the Office of the
Secretary of State of Illinois. The |
addition or withdrawal of
any member or the dissolution of the
|
Commission shall be promptly certified by an officer of the |
Commission to the
Secretary of State of Illinois.
|
(b) The governing body of the Commission shall be a board |
of directors. The
number, terms of office, and qualifications |
of the Board of Directors shall be
set forth in the |
intergovernmental agreement. Each party to the
|
intergovernmental agreement shall appoint 2 directors. The |
method of voting by
directors shall be provided for in the |
intergovernmental agreement, which may
authorize the corporate |
authorities of a member to designate an individual to
cast the |
vote or votes of its directors at any meeting of the Board. The
|
Board shall determine the general policy of the Commission, |
approve the
annual budget, make all appropriations, adopt all |
resolutions and
ordinances providing for the issuance of bonds |
or notes by the Commission,
adopt its bylaws, rules, and |
regulations, and have such other
powers and duties as may be |
prescribed in this Act and the intergovernmental
agreement.
|
The Board shall act by a vote of a majority of its |
Directors or by a greater
majority if required in the |
intergovernmental agreement. The Board may create
one
or more |
committees, define their duties, and designate the members of |
the
committees. The members of the committee do not have to be |
members of the
Board. The Commission shall have
officers who |
shall be elected in a manner and for a term as prescribed by |
the
intergovernmental agreement or determined by the Board |
under the
intergovernmental agreement.
|
(c) Subject to subsection (d), alone or in conjunction with |
other persons,
the Commission shall have authority to: (i) act |
as public developer in carrying
out development programs in and |
for Fort Sheridan; (ii) make available adequate
management, |
administrative and technical, financial, and other assistance
|
necessary for
encouraging the defined, organized, planned and |
|
scheduled, diversified,
economically, technologically, and |
environmentally sound community environment
in Fort Sheridan, |
and to do so through the use of management procedures and
|
programs which will rely to the maximum extent on private |
enterprise; (iii)
provide a conduit for the State and federal |
governments to make their resources
available to Fort Sheridan; |
(iv)
encourage the fullest utilization of the economic |
potential of supply of
recreational, residential and |
commercial building sites at reasonable costs;
(v) utilize |
improved technology in producing well-designed housing needed |
to
accommodate the people of the area; (vi) create or aid the |
creation of
neighborhoods where people live and find |
recreation; (vii) assist, plan,
develop, build and
construct, |
or finance any facility or project to enhance the community
|
environment and technological management when requested to do |
so by any
college, municipality or other municipal corporation.
|
(d) The Commission shall have no power except as set forth |
in the
intergovernmental agreement and such power shall be |
exercised, if at all, in
accordance with the procedures and |
subject to the limitations, if any, provided
in
the |
intergovernmental agreement. Accordingly, the Commission shall |
have such
powers as shall be provided in the intergovernmental |
agreement establishing it,
which may include, but need not be |
limited to, the following powers:
|
(1) To sue or be sued in its corporate name;
|
(2) To apply for and accept gifts, grants, or loans of |
funds or property,
financial, or other aid from any public |
agency or private entity, including but
not limited to the |
State of Illinois and the United States of America or
any
|
agency or instrumentality of Illinois or the United States.
|
(3) To acquire, hold, sell, lease as lessor or
lessee, |
deal in, lend, transfer, convey, donate, or otherwise |
dispose of
real
or personal property, or interests in the |
property, under procedures and for
consideration, that may |
be less than market value, as it deems appropriate in
the |
exercise of its powers, to provide for the use of property |
|
by any member
upon the
terms and conditions and with the
|
fees or charges it determines, and to mortgage, pledge, or |
otherwise grant
security interests in any such property;
|
(4) To make and execute all contracts and other |
instruments necessary or
convenient to the exercise of its |
powers;
|
(5) With respect to its powers and functions not |
inconsistent with this
Section, to adopt, amend, or repeal |
ordinances, resolutions, rules, and
regulations, and to |
adopt all such ordinances by use of the following ordaining
|
clause: "Be it ordained by the Board of Directors of the |
Fort Sheridan
Redevelopment Commission, Lake County, |
Illinois";
|
(6) To develop a comprehensive plan or redevelopment |
plan for Fort
Sheridan and to hold public hearings on the |
plans; and
|
(A) To create, develop, and implement plans for |
Fort Sheridan and the
redevelopment of Fort Sheridan |
which may provide for various uses, including
but not |
limited to, residential, recreational, and commercial |
uses; and
|
(B) To prepare, submit, and administer plans, and |
to participate in
projects or intergovernmental |
agreements, or both, and to create reserves for
|
planning,
constructing, reconstructing, acquiring, |
owning, managing, insuring, leasing,
equipping, |
extending, improving, operating, maintaining, and |
repairing land and
projects that it owns or leases; and
|
(7) To provide for the insurance, including self |
insurance, of any
property
or operations of the Commission |
or its members, directors, officers and
employees, against |
any risk or hazard, and to indemnify its members, agents,
|
independent contractors, directors, officers, and |
employees against any risk or
hazard;
|
(8) To appoint, retain, and employ offices, agents, |
independent
contractors,
and employees to carry out its |
|
powers and functions;
|
(9) To make and execute any contract with any agency of |
the State or
federal government, any unit of local |
government, or any person, including
intergovernmental |
contracts under
Section 10 of Article VII of the |
Constitution of the State of Illinois or the
|
Intergovernmental Cooperation Act and contracts that
|
require the contracting party to pay the Commission |
compensation for the right
to develop all or any portion of |
Fort Sheridan in accord with land use,
building, or |
redevelopment plans
approved by the Commission;
|
(10) To acquire, own, construct, lease, operate, |
equip, and maintain fair,
exposition, arena, land, and |
office or municipal office buildings, and
associated |
facilities and grounds, including sites, parking areas and
|
facilities located within Fort Sheridan;
|
(11) To acquire and accept by purchase, lease, gift, or |
otherwise any
property or rights from any persons, any |
municipal corporation, body
politic, or agency of the State |
or federal government, or from the State or
federal |
government itself, useful for its purposes, and to apply |
for and accept
grants, matching grants, loans, or |
appropriations from the State of Illinois or
federal |
government, or any agency or instrumentality of the State |
or federal
government to be used for any
of the purposes of |
the Commission and to enter into any agreement with the
|
State or federal government in relation to the grants, |
matching grants, loans,
or appropriations;
|
(12) To plan for grounds, centers, and auditoriums and |
to plan, sponsor,
hold, arrange, and finance fairs, |
industrial, cultural, educational,
theatrical, sports, |
trade and scientific exhibits, shows, and events and to use
|
or allow the use of the grounds,
centers, and auditoriums |
for the holding of fairs, exhibits, shows, and events
|
whether conducted by the Commission or some other person or |
governmental body
or agency; and
|
|
(A) To fix and collect just, reasonable, and |
nondiscriminatory charges
and rents for the use of the |
parking areas and facilities, grounds, centers,
|
buildings, and auditoriums and admission charges to |
fairs, shows, exhibits, and
events sponsored or held
by |
the Commission and to lease air space over and |
appurtenant to the areas,
facilities, grounds, |
centers, buildings, and auditoriums. The charges
|
collected may be used to defray the reasonable expenses |
of the
Commission and to pay the principal of and the |
interest on any bonds issued by
the Commission; and
|
(B) To own, lease, or otherwise acquire an |
interest, in whole or in
part, in
any public or private |
firm, corporation or association useful for its |
purposes
and in conformance with its rights and powers.
|
(13) To exercise the right of eminent domain by |
condemnation proceedings
in the manner provided by the |
Eminent Domain Act
Article VII of the Code of Civil |
Procedure
to acquire private property for the lawful |
purposes of the
Commission or to carry out any |
comprehensive plan or redevelopment plan;
|
(14) To install, repair, construct, reconstruct, or |
relocate streets,
roads, alleys, sidewalks, utilities, and |
site improvements essential to the
preparation of Fort |
Sheridan for use in accordance with the redevelopment plan;
|
(15) To enter into intergovernmental agreements |
relating to sharing tax
and other revenues and sharing, |
limiting, and transferring land use planning,
subdivision, |
and zoning powers;
|
(16) Within the corporate limits of any member provided |
that member has
given its consent or within Fort Sheridan, |
to establish Special Service
Districts or
Tax Increment |
Financing Districts and, in connection therewith, to issue
|
bonds in accord with the procedures and for the purposes |
set forth in the
Property Tax Code, and Section 11-74.4-1, |
of the Illinois Municipal Code as if
the Commission were a |
|
"municipality" within the meaning of the said Acts;
|
(17) To undertake any project and to exercise any other |
power or function
possessed by any of its members other |
than zoning and taxing powers not
expressly authorized |
under this Act; and
|
(18) To borrow money for the corporate purposes of the |
Commission and, in
evidence of its obligation to repay the |
borrowing, issue its negotiable revenue
bonds or notes for |
any of its corporate purposes, including, but not limited
|
to, the following: for paying costs of planning, |
constructing, reconstructing,
acquiring, owning, leasing, |
equipping, or improving any land within Fort
Sheridan for |
any project located or to be located in Fort Sheridan; for |
paying
other
expenses incident to or incurred in connection |
with the land or project; for
repaying advances made to or |
by the Commission for those purposes; for paying
interest |
on the bonds or notes until the estimated date of |
completion of any
such project and for a period after the |
estimated completion date as the Board
of the Commission |
shall
determine; for paying financial, legal, |
administrative, and other expenses of
the authorization, |
issuance, sale, or delivery of bonds or notes; for paying
|
costs of insuring payment of or other credit enhancement of |
the bonds or notes;
for providing or increasing a debt |
service reserve fund with respect to any or
all of the |
Commission's bonds or notes; for creation of reserves for |
the
planning, constructing, reconstructing, acquiring,
|
leasing, managing, equipping, extending, insuring, or |
improving of projects;
and for paying, refunding, or |
redeeming any of the Commission's bonds or notes
before, |
after, or at their maturity, including paying redemption |
premiums or
interest accruing or to accrue on the bonds or |
notes being paid or redeemed or
for paying any other costs |
in connection with any such payment or redemption.
|
(A) Any bonds or notes issued under this Section by |
the Commission shall
be authorized by resolution or |
|
ordinance of the Board of the Commission adopted
by the |
affirmative vote of a majority of the Directors and in |
compliance with
any additional requirements as may be |
set forth in the intergovernmental
agreement |
establishing the Commission. The action of the |
Commission
authorizing the issuance of the bonds may be |
effective immediately upon its
adoption and shall |
describe in a general way any project contemplated to |
be
financed by the bonds or notes, set forth the |
estimated cost of the project,
and determine the |
project's period of usefulness. The authorizing |
resolution
or
ordinance shall determine the maturity |
or maturities of the bonds or notes,
the denominations, |
the rate or rates at which the bonds or notes are to |
bear
interest, and all the other terms and details of |
the bonds or notes. The bonds
or notes may be issued as |
serial bonds payable in installments or as term bonds
|
with or without sinking fund installments or
a |
combination of the serial bonds and term bonds. All |
bonds or notes
shall mature within the period of |
estimated usefulness of the project for
which the bonds |
or notes are issued, as determined by the Board, but
in |
any event not more than 50 years from their date of |
issue. The bonds and
notes may bear interest at the |
rates the resolution or ordinance
provides, |
notwithstanding any other provision of law, and shall |
be payable at
the times determined in the resolution or |
ordinance. Bonds or notes of the
Commission shall be
|
sold in the manner that the Board of the Commission |
determines, either at par
or at a premium, or at |
discount.
|
(B) In connection with the issuance of its bonds or |
notes, the
Commission may enter into arrangements to |
provide additional security and
liquidity for its |
obligations, including but not limited to, municipal |
bond
insurance, letters of credit, lines of credit by |
|
which the Commission may
borrow funds to pay or redeem |
its obligations, and purchase or remarketing
|
arrangements for assuring the ability of owners of the |
obligations to sell or
to have redeemed the |
obligations. The Commission may enter into contracts |
and
may agree to pay fees to persons providing those |
arrangements, including from
bond or note proceeds.
|
(C) The Commission's action authorizing the |
issuance of bonds
or notes may provide that interest |
rates may vary depending
on criteria set forth in the |
resolution or ordinance, including but not limited
to |
variation of interest rates as may be necessary to |
cause bonds or notes to
be remarketable at a price |
equal to their principal amount,
and may provide for |
appointment of a national banking association, bank |
trust
company, investment banker, or other financial |
institution to serve as a
remarketing agent in that |
connection. Notwithstanding any other provision of
|
law, the resolution or ordinance of the Commission |
authorizing the issuance of
its bonds or notes may |
provide that alternative interest rates or provisions
|
will apply when the bonds or notes are held by a person
|
providing a letter of credit or other credit |
enhancement arrangement for those
bonds or notes.
|
(D) The authorization of the issuance of any bonds |
or notes under this
subsection shall constitute a |
contract with the holders of the bonds and notes.
The |
resolution or ordinance may contain such covenants and |
restrictions
regarding the project and the contracts, |
the
issuance of additional bonds or notes by the |
Commission, the security for the
bonds and notes, and |
any other matters deemed necessary or advisable
by the |
Board to assure the payment of the bonds or notes of |
the Commission.
|
(E) The resolution or ordinance authorizing the |
issuance of bonds or
notes by the Commission shall |
|
provide for the application of
revenues derived from |
the operation of the Commission's projects,
revenues |
received from its members including revenue from |
contracts for the
use of the Commission's projects, and |
revenues from its investment earnings to
the payment of |
the operating expenses of the projects; the provision |
of
adequate depreciation, reserve, or replacement |
funds for the
project, planned projects, and bonds or |
notes; and the payment of
principal, premium, and |
interest on the bonds or notes of the
Commission
|
including amounts for the purchase of the bonds or |
notes. The resolution or
ordinance may provide that |
revenues of the Commission so derived and other
|
receipts of the Commission which may be applied to |
those purposes shall be
placed in separate funds and |
used for those purposes and also may provide that
|
revenues not required for those purposes may be used |
for any proper purpose of
the Commission or may be |
returned to members. Any notes of the Commission may,
|
in
addition, be secured by a pledge of proceeds of |
bonds to be issued by the
Commission, as specified in |
the resolution or ordinance authorizing the
issuance |
of the notes.
|
(F) All bonds and notes of the Commission issued under |
this subsection
shall
be revenue bonds or notes. The bonds |
or notes shall have no claim for payment
other than from |
revenues of the Commission derived from the operation of |
its
projects, revenues received from its members including |
from contracts for
the use of the Commission's projects, |
bond or note proceeds,
other receipts of the Commission as |
the intergovernmental agreement
establishing the |
Commission may authorize to be pledged to the payment of |
bonds
or notes, and investment earnings on the foregoing, |
all as and to the
extent as provided in the resolution or |
ordinance of the Board authorizing the
issuance of the |
bonds or notes. Bonds or notes issued by the Commission |
|
under
this subsection shall not constitute an indebtedness |
of the Commission or of
any
member within the meaning of |
any constitutional or statutory limitation. It
shall be |
plainly stated on each bond and note that it does not |
constitute an
indebtedness of the Commission or of any |
member within the meaning of any
constitutional or |
statutory limitation.
|
(G) As long as any bonds or notes of the Commission |
created under this
subsection are outstanding and unpaid, |
the Commission shall not terminate or
dissolve and
no |
member may withdraw from the Commission except as permitted |
by the
resolution or ordinance authorizing outstanding |
bonds or notes. The
Commission shall establish fees and |
charges for its operations sufficient to
provide adequate |
revenues to meet all of the requirements under its various
|
resolutions authorizing bonds or notes.
|
(H) A holder of any bond or note issued under this |
subsection may, in any
civil action, mandamus, or other |
proceeding, enforce and compel performance of
all duties |
required to be performed by the Commission as set forth in |
the
authorizing resolution or ordinance, or any members of |
the Commission or other
persons
contracting with the |
Commission in connection with any of the Commission's
|
projects, including the imposition of fees and charges, the |
collection of
sufficient revenues and the proper |
application of revenues as provided in this
subsection.
|
(I) In addition, the resolution or ordinance |
authorizing any bonds or
notes
issued under this subsection |
may provide for a pledge, assignment, lien, or
security |
interest, for the benefit of the holders of any or all |
bonds or notes
of the Commission, (i) on any and all |
revenues derived from any contracts for
the use of the |
Commission's projects and investment earnings of the |
projects,
(ii) on
any and all revenues received from its |
members, or (iii) on funds or accounts
securing the payment |
of the bonds or notes as provided in the authorizing
|
|
resolution. In addition, the pledge, assignment, lien, or |
security interest
may be made on any receipts of the |
Commission that the
intergovernmental agreement authorizes |
the Commission to apply to the payment
of bonds or
notes. |
Any such pledge, assignment, lien, or security interest for |
the benefit
of holders of bonds or notes shall be valid and |
binding from the time the bonds
or notes are issued, |
without any physical delivery or further act, and shall be
|
valid and binding against or before any claims of any other |
party having any
claims of any kind against the Commission |
irrespective of whether the other
parties have notice of |
the pledge, assignment, lien, or security interest.
|
(J) A resolution or ordinance of the Board authorizing |
the issuance of
bonds or notes under this subsection may |
provide for the appointment of a
corporate trustee for any |
or all of the bonds or notes,
and in that event, shall |
prescribe the
rights, duties, and powers of the trustee to |
be exercised for the benefit of
the Commission and the |
protection of the holders of the bonds or notes. The
|
trustee may be any trust company or state or national bank |
having the power of
a trust company within Illinois. The
|
resolution or ordinance may provide for the trustee to
hold |
in trust, invest, and use amounts in funds and accounts |
created by
the resolution or ordinance. The resolution or |
ordinance may also provide for
the
assignment and direct |
payment to the trustee of amounts owed by members and
other |
persons to the Commission under contracts for the use of or |
access to the
Commission's projects, for application by the |
trustee to the purposes for which
the revenues are to be |
used as provided in this subsection and as provided in
the |
authorizing resolution. Upon receipt of the assignment, |
the member or
other person shall make the assigned payments |
directly to the
trustee.
|
(Source: P.A. 89-149, eff. 1-1-96.)
|
Section 95-10-105. The Southwestern Illinois Development |
|
Authority Act is amended by changing Section 8 as follows:
|
(70 ILCS 520/8) (from Ch. 85, par. 6158)
|
Sec. 8. (a) The Authority may, but need not, acquire title |
to any
project with respect to which it exercises its |
authority.
|
(b) The Authority shall have power to acquire by purchase, |
lease, gift or
otherwise any property or rights therein from |
any person or persons, the
State of Illinois, any municipal |
corporation, any local unit of government, the
government of |
the United States and any agency or instrumentality of the
|
United States, any body politic or any county useful for its |
purposes, whether
improved for the purposes of any prospective |
project or unimproved. The
Authority may also accept any |
donation of funds for its purposes from any
such source. The |
Authority may acquire any real property, or rights
therein, |
upon condemnation. The acquisition by eminent domain of such |
real
property or any interest therein by the Authority shall be |
in the manner
provided by the Eminent Domain Act
"Code of Civil |
Procedure", as now or hereafter amended ,
including Article 20
|
Section 7-103 thereof (quick-take power) .
|
The Authority shall not exercise any quick-take eminent |
domain powers
granted by State law within the corporate limits |
of a municipality unless the
governing authority of the |
municipality authorizes the Authority to do so. The
Authority |
shall not exercise any quick-take eminent domain powers granted |
by
State law within the unincorporated areas of a county unless |
the county board
authorizes the Authority to do so.
|
(c) The Authority shall have power to develop, construct |
and improve,
either under its own direction or through |
collaboration with any approved
applicant, or to acquire |
through purchase or otherwise any project, using
for such |
purpose the proceeds derived from its sale of revenue bonds, |
notes
or other evidences of indebtedness or governmental loans |
or grants and to
hold title in the name of the Authority to |
such projects.
|
|
(d) The Authority shall have the power to enter into |
intergovernmental
agreements with the State of Illinois, the |
counties of Madison or
St. Clair, the Southwest Regional Port |
District, the Illinois
Finance Authority, the Illinois Housing |
Development Authority, the Metropolitan
Pier and
Exposition |
Authority, the United States government and any agency or
|
instrumentality of the United States, the city of East St. |
Louis, any unit
of local government located within the |
territory of the Authority or any
other unit of government to |
the extent allowed by Article VII, Section 10
of the Illinois |
Constitution and the Intergovernmental Cooperation Act.
|
(e) The Authority shall have the power to share employees |
with other units
of government, including agencies of the |
United States, agencies of the
State of Illinois and agencies |
or personnel of any unit of local government.
|
(f) The Authority shall have the power to exercise powers |
and issue
bonds as if it were a municipality so authorized in |
Divisions 12.1, 74,
74.1, 74.3 and 74.5 of Article 11 of the |
Illinois Municipal Code.
|
(Source: P.A. 93-205, eff. 1-1-04.)
|
Section 95-10-110. The Chicago Drainage District Act is |
amended by changing Section 6 as follows:
|
(70 ILCS 615/6) (from Ch. 42, par. 359)
|
Sec. 6. Whenever it shall be necessary to take or damage |
private property,
for any purpose contemplated by this Act, |
whether within or without said
drainage district, the |
compensation therefor may be ascertained and the
proceedings |
for the condemnation thereof may be had in the manner provided
|
in the Eminent Domain Act
article nine of an act entitled "An |
Act to provide for the incorporation
of cities and villages," |
approved April 10, 1872 , and the cost of
constructing and |
maintaining the improvements herein provided for may be
|
defrayed by special assessment upon the property benefited |
thereby within
such district only, said assessments to be |
|
levied and collected as provided
in said article nine
Article 9 |
of an Act entitled "An Act to provide for the incorporation
of |
cities and villages", approved April 10, 1872 .
|
(Source: Laws 1887, p. 126.)
|
Section 95-10-115. The Fire Protection District Act is |
amended by changing Section 10 as follows:
|
(70 ILCS 705/10) (from Ch. 127 1/2, par. 30)
|
Sec. 10. The Board of Trustees of any fire protection |
district incorporated
under this Act has the power to acquire |
private property by gift, grant,
lease, purchase, condemnation |
or otherwise, within the boundaries of said
district, or within |
one mile beyond the boundaries of said district, for
the |
purposes herein specified and to adopt and enforce ordinances |
for the
necessary protection of sources of the water supply and |
also has power to
build houses for care of fire protection |
apparatus. When private property
is condemned under this Act, |
the compensation shall be determined in the
manner
as provided |
for the exercise of the right of
eminent domain under the |
Eminent Domain Act
Article VII of the Code of Civil Procedure, |
as amended .
|
(Source: P.A. 82-783.)
|
Section 95-10-120. The Hospital District Law is amended by |
changing Section 16 as follows:
|
(70 ILCS 910/16) (from Ch. 23, par. 1266)
|
Sec. 16. In all cases where land in fee simple, rights in |
land, air or
water, easements or other interests in land, air, |
or water or property or
property rights are acquired by a |
District by condemnation, the procedure
shall be, as nearly as |
may be, in accordance with that provided for the
exercise of |
the right of eminent domain under the Eminent Domain Act
|
Article VII of the Code of Civil Procedure, as now
or hereafter |
amended .
|
|
(Source: P.A. 82-783.)
|
Section 95-10-125. The Illinois Medical District Act is |
amended by changing Sections 3 and 9 as follows:
|
(70 ILCS 915/3) (from Ch. 111 1/2, par. 5004)
|
Sec. 3. Property; acquisition. The Commission is |
authorized to acquire
the fee simple title
to real property |
lying within the District and personal property
required for |
its purposes, by gift, purchase, or otherwise, and title
|
thereto shall be taken in the corporate name of the Commission. |
The
Commission may acquire by lease such real and personal |
property found by
the Commission to be necessary for its |
purposes and to which the
Commission finds that it need not |
acquire the fee simple title for
carrying out of such purposes. |
All real and personal property within the
District,
except that |
owned and used for purposes authorized under this Act by
|
medical institutions or allied educational institutions, |
hospitals,
dispensaries, clinics, dormitories or homes for the |
nurses, doctors,
students, instructors or other officers or |
employees of the aforesaid
institutions located in the |
District, or any real property which is used
for offices or for |
recreational purposes in connection with the
aforesaid |
institutions,
or any improved residential property within a |
currently effective historical
district properly designated |
under a federal statute or a State or local
statute that has |
been certified by the Secretary of the Interior to the
|
Secretary of the Treasury as containing criteria which will |
substantially
achieve the purpose
of preserving and |
rehabilitating buildings of historical significance to the
|
district,
may be acquired by the Commission in its
corporate |
name under the provisions for the
exercise of the right of |
eminent domain under the Eminent Domain Act
Article VII of the |
Code of Civil Procedure .
|
(Source: P.A. 89-356, eff. 8-17-95.)
|
|
(70 ILCS 915/9) (from Ch. 111 1/2, par. 5019)
|
Sec. 9. This Act shall not be construed to limit the |
jurisdiction of
the City of Chicago to territory outside the |
limits of the District nor
to impair any power now possessed by |
or hereafter granted to the City of
Chicago or to cities |
generally except such as are expressly granted to
the |
Commission by Section 8 of this Act. The property of the |
Commission
shall be exempt from taxation, and shall be subject |
to condemnation by
the State and any municipal corporation or |
agency of the state for any
State or municipal purpose under |
the provisions
for the exercise of the right of eminent domain |
under the Eminent Domain Act
Article VII of the Code of Civil |
Procedure, as amended .
|
(Source: P.A. 82-783.)
|
Section 95-10-130. The Illinois Medical District at |
Springfield Act is amended by changing Sections 20 and 85 as |
follows:
|
(70 ILCS 925/20)
|
Sec. 20. Property; acquisition. The Commission is |
authorized to acquire
the fee simple title to real property |
lying within the District and personal
property required for |
its purposes, by gift, purchase, or otherwise. Title
shall be |
taken in the corporate name of the Commission. The Commission |
may
acquire by lease any real property lying within the |
District and personal
property found by the Commission to be |
necessary for its purposes and to which
the Commission finds |
that it need not acquire the fee simple title for
carrying out |
of those purposes. All real and personal property within the
|
District, except that owned and used for purposes authorized |
under this Act by
medical institutions or allied educational |
institutions, hospitals,
dispensaries, clinics, dormitories or |
homes for the nurses, doctors, students,
instructors, or other |
officers or employees of those institutions
located in the |
District, or any real property that is used for offices or for
|
|
recreational purposes in connection with those institutions,
|
or any improved residential property within a currently |
effective historical
district properly designated under a |
federal statute or a State or local
statute that has been |
certified by the Secretary of the Interior to the
Secretary of |
the Treasury as containing criteria that will substantially
|
achieve the purpose of preserving and rehabilitating buildings |
of historical
significance to the district, may be acquired by |
the Commission in its
corporate name under the provisions for |
the exercise of the right of eminent
domain under the Eminent |
Domain Act
Article VII of the Code of Civil Procedure . The |
Commission has no
quick-take powers, no zoning powers, and no |
power to establish or enforce
building codes.
The Commission |
may not acquire any property pursuant to this Section before a
|
comprehensive master plan has been approved under Section 70.
|
(Source: P.A. 92-870, eff. 1-3-03.)
|
(70 ILCS 925/85)
|
Sec. 85. Jurisdiction. This Act shall not be construed to |
limit the
jurisdiction of the City of Springfield to territory |
outside the limits of the
District nor to impair any power now |
possessed by or hereafter granted to the
City of Springfield or |
to cities generally. Property owned by and exclusively
used by |
the Commission
shall be exempt from taxation and shall be |
subject to condemnation by the State
and any municipal |
corporation or agency of the State for any State or municipal
|
purpose under the provisions for the exercise of the right of |
eminent domain
under the Eminent Domain Act
Article VII of the |
Code of Civil Procedure .
|
(Source: P.A. 92-870, eff. 1-3-03.)
|
Section 95-10-135. The Park District Code is amended by |
changing Sections 8-1 and 11.1-3 as follows:
|
(70 ILCS 1205/8-1) (from Ch. 105, par. 8-1)
|
Sec. 8-1. General corporate powers.
Every park district |
|
shall, from the time of its
organization, be a body corporate |
and politic by such name as set forth
in the petition for its |
organization or such name as it may adopt under
Section 8-8 |
hereof and shall have and exercise the following powers:
|
(a) To adopt a corporate seal and alter the same at |
pleasure; to sue
and be sued; and to contract in furtherance of |
any of its corporate purposes.
|
(b) (1) To acquire by gift, legacy, grant or purchase, or |
by
condemnation in the manner provided for the exercise of the |
power of eminent
domain under the Eminent Domain Act
Article |
VII of the Code of Civil Procedure, approved August
19, 1981, |
as amended , any and all real estate, or
rights therein |
necessary for building, laying out, extending, adorning
and |
maintaining any such parks, boulevards and driveways, or for
|
effecting any of the powers or purposes granted under this Code |
as its
board may deem proper, whether such lands be located |
within or without such
district; but no park district, except |
as provided in paragraph (2) of this
subsection, shall have any |
power of condemnation in the manner provided for the
exercise |
of the power of eminent domain under the Eminent Domain Act
|
Article VII of the Code of Civil Procedure, approved August 19, |
1981, as amended, or otherwise as to any real
estate, lands, |
riparian rights or estate, or other property situated outside |
of
such district, but shall only have power to acquire the same |
by gift, legacy,
grant or purchase, and such district shall |
have the same control of and power
over lands so acquired |
without the district as over parks, boulevards and
driveways |
within such district.
|
(2) In addition to the powers granted in paragraph (1) of |
subsection (b),
a park district located in more than one |
county, the majority of its territory
located in a county over |
450,000 in population and none of its territory
located in a |
county over 1,000,000 in population, shall have condemnation
|
power in the manner provided for the exercise of the power of |
eminent domain
under the Eminent Domain Act
Article VII of the |
Code of Civil Procedure, approved August 19,
1981, as amended,
|
|
or as otherwise granted by law
as to any and all real estate |
situated up to one mile outside of such district
which is not |
within the boundaries of another park district.
|
(c) To acquire by gift, legacy or purchase any personal |
property necessary
for its corporate purposes provided that all |
contracts for supplies, materials
or work involving an |
expenditure in excess of $20,000 shall be let to the
lowest |
responsible bidder, considering conformity with |
specifications, terms of
delivery, quality, and |
serviceability, after due advertisement, excepting
contracts |
which by their nature are not adapted to award by competitive
|
bidding, such as contracts for the services of individuals
|
possessing a high degree of professional skill where the |
ability or
fitness of the individual plays an important part, |
contracts for the
printing of finance committee reports and |
departmental reports,
contracts for the printing or engraving |
of bonds, tax warrants and other
evidences of indebtedness, |
contracts for utility services such as water,
light, heat, |
telephone or telegraph, contracts for the use, purchase,
|
delivery, movement, or installation of data processing |
equipment, software, or
services and telecommunications and |
interconnect equipment, software, or
services, contracts for |
duplicating machines and supplies, contracts for goods
or |
services procured from another governmental agency, purchases |
of equipment
previously owned by some entity other than the |
district itself, and
contracts for the purchase of magazines, |
books, periodicals, pamphlets and
reports and excepting where |
funds are expended in an emergency and such
emergency |
expenditure is approved by 3/4 of the members of the board.
|
All competitive bids for contracts involving an |
expenditure in excess of
$20,000 must be sealed by the bidder |
and must be opened by a member or employee
of the park board at |
a public bid opening at which the contents of the bids
must be |
announced. Each bidder must receive at least 3 days notice of |
the
time and place of the bid opening.
|
For purposes of this subsection, "due advertisement" |
|
includes, but is not
limited to, at least one public notice at |
least 10 days before the bid date in
a newspaper published in |
the district or, if no newspaper is published in the
district, |
in a newspaper of general circulation in the area of the |
district.
|
(d) To pass all necessary ordinances, rules and regulations |
for the
proper management and conduct of the business of the |
board and district
and to establish by ordinance all needful |
rules and regulations for the
government and protection of |
parks, boulevards and driveways and other
property under its |
jurisdiction, and to effect the objects for which
such |
districts are formed.
|
(e) To prescribe such fines and penalties for the violation |
of
ordinances as it shall deem proper not exceeding $1,000 for |
any
one
offense, which fines and penalties may be recovered by |
an action in the name
of such district in the circuit court for |
the county in which such
violation occurred. The park district |
may also seek in the action, in
addition to or instead of fines |
and penalties, an order that the offender
be required to make |
restitution for damage resulting from violations, and
the court |
shall grant such relief where appropriate. The procedure in
|
such actions shall be the same as that provided by law for like |
actions for the
violation of ordinances in cities organized |
under the general laws of this
State, and offenders may be |
imprisoned for non-payment of fines and costs in
the same |
manner as in such cities. All fines when collected shall be |
paid into
the treasury of such district.
|
(f) To manage and control all officers and property of such
|
districts and to provide for joint ownership with one or more |
cities,
villages or incorporated towns of real and personal |
property used for
park purposes by one or more park districts. |
In case of joint ownership,
the terms of the agreement shall be |
fair, just and equitable to all
parties and shall be set forth |
in a written agreement entered into by
the corporate |
authorities of each participating district, city, village
or |
incorporated town.
|
|
(g) To secure grants and loans, or either, from the United |
States
Government, or any agency or agencies thereof, for |
financing the
acquisition or purchase of any and all real |
estate, or rights therein,
or for effecting any of the powers |
or purposes granted under this Code
as its Board may deem |
proper.
|
(h) To establish fees for the use of facilities and |
recreational programs of
the districts and to derive revenue |
from non-resident fees from their
operations. Fees charged |
non-residents of such district need not be the same as
fees |
charged to residents of the district. Charging fees or deriving |
revenue
from the facilities and recreational programs shall not |
affect the right to
assert or utilize any defense or immunity, |
common law or statutory, available
to the districts or their |
employees.
|
(i) To make contracts for a term exceeding one year, but |
not to exceed
3 years, notwithstanding any provision of this |
Code to the contrary,
relating to: (1) the employment of a park |
director, superintendent,
administrator, engineer, health |
officer, land planner, finance director,
attorney, police |
chief, or other officer who requires technical training or
|
knowledge; (2) the employment of outside professional |
consultants such as
engineers, doctors, land planners, |
auditors, attorneys, or other
professional consultants who |
require technical training or knowledge; and (3)
the provision |
of data processing equipment and services. With respect to
any |
contract made under this subsection (i), the corporate |
authorities
shall include in the annual appropriation |
ordinance for each fiscal year an
appropriation of a sum of |
money sufficient to pay the amount which, by the
terms of the |
contract, is to become due and payable during that fiscal year.
|
(j) To enter into licensing or management agreements with |
not-for-profit
corporations organized under the laws of this |
State to operate park district
facilities if the corporation |
covenants to use the facilities to provide public
park or |
recreational programs for youth.
|
|
(Source: P.A. 92-614, eff. 7-8-02; 93-897, eff. 1-1-05.)
|
(70 ILCS 1205/11.1-3) (from Ch. 105, par. 11.1-3)
|
Sec. 11.1-3. A park district, to carry out the purposes of |
this Article,
has all the rights and powers over its harbor as |
it does over its other
property, and its rights and powers |
include but are not limited to the
following:
|
(a) To furnish complete harbor facilities and services, |
including but
not limited to: launching, mooring, docking, |
storing, and repairing
facilities and services; parking |
facilities for motor vehicles and boat
trailers; and roads for |
access to the harbor.
|
(b) To acquire by gift, legacy, grant, purchase, lease, or |
by
condemnation in the manner provided for the exercise of the |
right of
eminent domain under the Eminent Domain Act
Article |
VII of the Code of Civil Procedure, approved
August 19, 1981, |
as
amended, any property necessary or appropriate for the |
purposes of this
Article, including riparian rights, within or |
without the park district.
|
(c) To use, occupy and reclaim submerged land under the |
public waters of
the State and artificially made or reclaimed |
land anywhere within the
jurisdiction of the park district, or |
in, over, and upon bordering public
waters.
|
(d) To acquire property by agreeing on a boundary line in |
accordance
with the procedures set forth in Sections 11-123-8 |
and 11-123-9 of the
Illinois Municipal Code, as amended.
|
(e) To locate and establish dock, shore and harbor lines.
|
(f) To license, regulate, and control the use and operation |
of the
harbor, including the operation of all water-borne |
vessels in the harbor
and within 1000 feet of the outer limits |
of the harbor, or otherwise within
the jurisdiction of the park |
district, except that such park district shall
not forbid the |
full and free use by the public of all navigable waters, as
|
provided by Federal Law.
|
(g) To charge and collect fees for all facilities and |
services, and
compensation for materials furnished.
|
|
(h) To appoint harbor masters and other personnel, defining |
their duties
and authority.
|
(i) To enter into contracts and leases of every kind, |
dealing in any
manner with the objects and purposes of this |
Article, upon such terms and
conditions as the park district |
determines.
|
(Source: P.A. 83-388.)
|
Section 95-10-140. The Park Commissioners Land |
Condemnation Act is amended by changing Section 2 as follows:
|
(70 ILCS 1225/2) (from Ch. 105, par. 55)
|
Sec. 2. Such park commissioners are hereby vested with |
power to take and
acquire title to such pieces or parcels of |
land as may be necessary for
such widening, and may proceed to |
procure the condemnation of the same in
the manner
prescribed |
for the exercise of the right of eminent domain under the |
Eminent Domain Act
Article VII of the Code of Civil Procedure; |
the
provisions of which said Article are hereby extended to |
said
park commissioners .
|
(Source: P.A. 82-783.)
|
Section 95-10-145. The Park Commissioners Water Control |
Act is amended by changing Section 1 as follows:
|
(70 ILCS 1230/1) (from Ch. 105, par. 92)
|
Sec. 1. Every board of park commissioners existing
under |
the laws of this state, which has now, or may hereafter have or
|
acquire control over any public park, boulevard or driveway |
bordering upon
any public waters in this state shall have the |
power to extend such park,
boulevard or driveway over and upon |
the bed of such public waters, and that
every board of park |
commissioners existing under the laws of this state,
which now |
has, or may hereafter have or acquire, control over two or more
|
separate public parks, whether they constitute a part of one |
park system or
not, bordering upon any public waters in this |
|
state, shall have power to
connect the same by constructing a |
park, boulevard, driveway or parkway,
extending over and upon |
the submerged land and bed of such public waters,
and over and |
upon any lands adjacent to or adjoining upon or penetrating
|
into such waters, and may extend any such park by constructing |
a park,
boulevard, driveway or parkway over any private |
property, and over any
navigable river or any part thereof |
which lies within the territory, the
property of which shall be |
taxable for the maintenance of the park under
the control of |
said board of park commissioners, so as to connect such
park, |
boulevard, driveway or parkway with any park, boulevard, |
driveway or
parkway now or hereafter constructed, and connected |
with or forming a part
of any other park system; and in |
extending such park or in constructing
such park, boulevard, |
driveway or parkway, the said board of park
commissioners may |
construct such viaducts, bridges or tunnels or parts of
|
viaducts, bridges or tunnels, within its said territory as to |
it may seem
necessary, and that every such board of park |
commissioners may acquire the
lands, or the riparian or other |
rights of the owners of lands, or both,
whether of individuals |
or corporations, on the shores adjacent to or
adjoining the |
public waters or rivers in which it is proposed to construct
|
any such park, boulevard, driveway or parkway, or extension or |
connection,
also the title of the private or public owners, if |
any there be, to lands
lying beneath, adjacent to or adjoining |
such public waters or rivers, also
the title of any lands |
penetrating into such public waters and the title of
any lands |
into, upon or over which it is proposed to construct any such
|
park, boulevard, driveway or parkway or any such extension or |
connection,
or any viaduct, bridge or tunnel forming a part |
thereof, by contract with
or deed from any such owner or |
owners, whether individuals or corporations,
or by |
condemnation: Provided, however, that no extension which shall |
be
made shall interfere with the practical navigation of such |
public waters or
rivers for the purposes of commerce, without |
due authority from the proper
official of the United States |
|
government having control thereof. Said board
of park |
commissioners and said riparian or adjacent owners are hereby
|
authorized to agree upon a boundary line dividing such |
adjacent, adjoining,
submerged and penetrating lands,
acquired |
or to be acquired by said board
of park commissioners, and such |
adjacent, adjoining, submerged and
penetrating lands to be |
taken, owned and used by said riparian or other
owners in lieu |
of and as compensation for the release of said lands and
|
riparian rights to said board of park commissioners. In case |
said board of
park commissioners are unable to agree with and |
such owner or owners
or persons interested, either as to such |
boundary or dividing line and such
lands to be taken by such |
riparian or other owners and persons interested
as compensation |
for the release and granting of said lands and riparian or
|
other rights or in case the compensation to be paid for or in |
respect of
the property, riparian or other rights, the |
adjacent, adjoining, submerged
and penetrating or other lands |
sought to be appropriated or damaged for the
purposes mentioned |
in this act, cannot be agreed upon by the parties
interested, |
or in case the owner of the property is incapable of
|
consenting, or his name or residence is unknown, or he is a |
non-resident of
the state, or, if in any event, the said board |
of park commissioners shall
elect to acquire the riparian or |
other rights, or the adjacent, adjoining,
submerged, and |
penetrating or other lands, or any such rights or lands,
|
proceedings may be had to condemn the said riparian or other |
rights and the
said adjacent, adjoining, submerged and |
penetrating or other lands, or any
of them, according to the |
provisions
for the exercise of the right of eminent domain |
under the Eminent Domain Act
Article VII of the Code of Civil |
Procedure, and amendments thereto .
|
(Source: P.A. 82-783.)
|
Section 95-10-150. The Park Commissioners Street Control |
(1889) Act is amended by changing Section 2 as follows:
|
|
(70 ILCS 1250/2) (from Ch. 105, par. 126)
|
Sec. 2. Whenever any such board of park commissioners shall |
determine to
extend any such boulevard or driveway under this |
Act, said board shall
prepare a plan of such proposed |
extension, and make an estimate of the cost
thereof, and shall |
obtain the consent in writing of the owners of at least
|
two-thirds of the frontage of all of the lands not appropriated |
to or held
for public use abutting on such public waters, in |
front of which it is
proposed to extend such boulevard or |
driveway for the making of such
extension, and shall also |
obtain the consent of the supervisor and assessor
corporate |
authorities of the town or towns in which the lands abutting on
|
such public waters in front of such proposed extension may lie, |
to the
making of such extension. The riparian or other rights |
of the owners of
lands on the shore adjoining the waters in |
which it is proposed to
construct such extension, the said |
board of park commissioners may acquire
by contract with or |
deeds from any such owner; and in case of inability to
agree |
with any such owner, proceedings may be had to condemn such |
rights
according to the provisions of the Eminent Domain Act
|
article nine of an act entitled "An Act to
provide for the |
incorporation of cities and villages," approved April 10,
1872, |
and the amendments thereof .
|
(Source: Laws 1889, p. 212.)
|
Section 95-10-155. The Park District Aquarium and Museum |
Act is amended by changing Section 1 as follows:
|
(70 ILCS 1290/1) (from Ch. 105, par. 326)
|
Sec. 1. The corporate authorities of cities and park |
districts having the
control or supervision of any public park |
or parks, are hereby authorized
to purchase, erect and maintain |
within any public park or parks under the
control or |
supervision of such corporate authorities, edifices to be used
|
as aquariums or as museums of art, industry, science or natural |
or other
history, or to permit the directors or trustees of any |
|
corporation or
society organized for the construction or |
maintenance and operation of an
aquarium or museum as |
hereinabove described to erect, enlarge, ornament,
build, |
rebuild, rehabilitate, improve, maintain and operate its |
aquarium or
museum or museums within any public park now or |
hereafter under the control
or supervision of any city or park |
district, and to contract with any such
directors or trustees |
of any such aquarium, museum or museums relative to
the |
erection, enlargement, ornamentation, building, rebuilding,
|
rehabilitation, improvement, maintenance and operation |
thereof. Any city or
park district may charge, or permit such |
an aquarium or museum to charge,
an admission fee. Any such |
aquarium or museum,
however, shall be open without charge, when
|
accompanied by a teacher, to the children in actual attendance |
upon grades
kindergarten through twelve in any of the schools |
in this State at all
times. Any such aquarium or museum, |
however, must be open to the
public without
charge
for a period |
equivalent to 52 days, at least 6 of which must be during the
|
period from June through August, each year.
Notwithstanding |
said provisions, charges may be made at any
time for
special |
services and for admission to special facilities within any
|
aquarium or museum for the education, entertainment or |
convenience of
visitors. The proceeds of such admission fees |
and charges for special
services and special facilities shall |
be devoted exclusively to the
purposes for which the tax |
authorized by Section 2 hereof may be used. If
any owner or |
owners of any lands or lots abutting or fronting on any such
|
public park, or adjacent thereto, have any private right, |
easement,
interest or property in such public park appurtenant |
to their lands or lots
or otherwise, which would be interfered |
with by the erection and
maintenance of any aquarium or museum |
as hereinbefore provided, or any
right to have such public park |
remain open or vacant and free from
buildings, the corporate |
authorities of the city or park district having
control of such |
park, may condemn the same in the manner prescribed for the
|
exercise
of the right of eminent domain under the Eminent |
|
Domain Act
Article VII of the Code of Civil Procedure, as now |
or
hereafter amended .
|
(Source: P.A. 91-918, eff. 7-7-00; 92-553, eff. 1-1-03.)
|
Section 95-10-160. The Park District Elevated Highway Act |
is amended by changing Section 5 as follows:
|
(70 ILCS 1310/5) (from Ch. 105, par. 327h)
|
Sec. 5. Whenever the making of any part of an improvement |
or the locating
of a route or any part thereof under the |
provisions of this Act will
require that private property or |
property devoted to a public or
semi-public use be acquired, |
the board of park commissioners, in its name,
shall have the |
right and power to purchase the necessary property from the
|
owner thereof, or, if compensation therefor cannot be agreed |
upon, to
acquire and pay for said property together with any |
damage to land not
taken, in accordance with the provisions for |
the
exercise of the right of eminent domain under the Eminent |
Domain Act
Article VII of the Code of Civil Procedure, as
|
amended , provided, however, that the board of park |
commissioners shall not
be required, in any case, to furnish |
bond.
|
(Source: P.A. 82-783.)
|
Section 95-10-165. The Chicago Park District Act is amended |
by changing Sections 15, 25.1, and 26.3 as follows:
|
(70 ILCS 1505/15) (from Ch. 105, par. 333.15)
|
Sec. 15. Acquisition of real estate.
|
(a) The Chicago Park District may acquire by gift, grant, |
purchase, or
condemnation (and may incur indebtedness for the |
purchase of) any real
estate lands, riparian estates or rights, |
and other property (including
abandoned railroad |
rights-of-way) required or needed for any park, for
parkways, |
driveways, or boulevards, or for extending, adorning, or
|
maintaining the same for the purpose of establishing, |
|
acquiring,
completing, enlarging, ornamenting, building, |
rebuilding, and improving
public parks, boulevards, bridges, |
subways, viaducts, and approaches
thereto, wharfs, piers, |
jetties, air landing fields and basins, shore
protection works, |
pleasure grounds and ways, walks, pathways, driveways,
|
roadways, highways, and all public works, grounds, or |
improvements under
the control of and within the jurisdiction |
of the park commissioners,
including (i) filling in submerged |
land for park purposes, (ii)
constructing all buildings, field |
houses, stadiums, shelters,
conservatories, museums, service |
shops, power plants, structures,
playground devices, and |
boulevard and building lighting systems, and (iii)
building all |
other types of permanent improvement and construction
|
necessary to render the property under the control of the park
|
commissioners usable for the enjoyment of that property as |
public parks,
parkways, boulevards, and pleasureways, whether |
the land is located within
or without the district, if the land |
is deemed necessary for park purposes
or for parkways, |
driveways, or boulevards. The Chicago Park District shall
have |
no power of condemnation, however, as to real estate lands, |
riparian
rights or estates, or other property located outside |
the district, but
shall only have power to acquire that |
property by gift, grant, or purchase.
|
(b) After December 31, 1958, the powers granted in this |
Section are
subject to and limited by the Chicago Park and City |
Exchange of Functions
Act. As provided in that Act and in |
Section 7 of this Act, the Chicago Park
District may not after |
that date acquire, extend, and maintain boulevards,
driveways, |
roadways, and highways used as thoroughfares for vehicular
|
traffic into or within parks, or any bridges, subways, |
viaducts, and
approaches thereto.
|
(c) The Chicago Park District may acquire by lease or |
permit the right
to occupy and use real estate lands and |
riparian estates for park and
parkway purposes and may improve, |
maintain, and equip the lands and estates
when authorized by |
the Commissioners.
|
|
(d) The power of condemnation conferred by this Act shall |
be exercised
in the manner provided for the exercise of the |
right of eminent domain
under the Eminent Domain Act
Article |
VII of the Code of Civil Procedure .
|
(Source: P.A. 90-695, eff. 1-1-99.)
|
(70 ILCS 1505/25.1) (from Ch. 105, par. 333.23b)
|
Sec. 25.1. The Chicago Park District is hereby authorized |
to: (a) Acquire by purchase or otherwise, own, construct, |
equip, manage,
control, erect, improve, extend, maintain and |
operate motor vehicle parking
lot or lots, underground garage |
or garages, parking meters, and any other
revenue producing |
facilities necessary or incidental to the regulation,
control |
and parking of motor vehicles (hereinafter referred to as |
parking
facilities), as the Commissioners of the Chicago Park |
District may from
time to time find the necessity therefor |
exists, and for that purpose may
acquire property of any and |
every kind or description, whether real,
personal or mixed, by |
gift, purchase or otherwise;
|
(b) Maintain, improve, extend and operate any such parking |
facilities
and charge for the use thereof;
|
(c) Enter into contracts dealing in any manner with the |
objects and
purposes of sections 25.1 to 25.9, both inclusive, |
of this Act as now
enacted and as may hereafter be amended;
|
(d) Acquire sites and facilities by gift, lease, contract, |
purchase or
condemnation under power of eminent domain, and to |
pledge the revenues
thereof for the payment of any bonds issued |
for such purpose as provided
for in sections 25.1 to 25.9, both |
inclusive, of this Act as now enacted
and as may hereafter be |
amended. In all cases where property or rights are
acquired or |
sought to be acquired by condemnation the procedure shall be,
|
as nearly as may be, like that provided for the exercise of the |
right of
eminent domain under the Eminent Domain Act
Article |
VII of the Code of Civil Procedure, as amended,
and as may |
hereafter be amended ;
|
(e) Borrow money and issue and sell bonds in such amount or |
|
amounts as
the Commissioners may determine for the purpose of |
acquiring, completing,
erecting, constructing, equipping, |
improving, extending, maintaining or
operating any or all of |
its parking facilities, and to refund and refinance
the same |
from time to time as often as it shall be advantageous and to |
the
public interest to do so.
|
(Source: P.A. 82-783.)
|
(70 ILCS 1505/26.3) (from Ch. 105, par. 333.23n)
|
Sec. 26.3. The Chicago Park District, to carry out the |
purposes of
this section, has all the rights and powers over |
its harbor as it does
over its other property, and its rights |
and powers include but are not
limited to the following:
|
(a) To furnish complete harbor facilities and services, |
including
but not limited to: launching, mooring, docking, |
storing, and repairing
facilities and services; parking |
facilities for motor vehicles and boat
trailers; and roads for |
access to the harbor.
|
(b) To acquire by gift, legacy, grant, purchase, lease, or |
by
condemnation in the manner provided for the exercise of the |
right of
eminent domain under the Eminent Domain Act
Article |
VII of the Code of Civil Procedure, approved
August 19, 1981, |
as
amended , any property necessary or appropriate for the |
purposes of this
Section, including riparian rights, within or |
without the Chicago Park
District.
|
(c) To use, occupy and reclaim submerged land under the |
public
waters of the State and artificially made or reclaimed |
land anywhere
within the jurisdiction of the Chicago Park |
District, or in, over, and
upon bordering public waters.
|
(d) To acquire property by agreeing on a boundary line in |
accordance
with the provisions of "An Act to enable the
|
commissioners of Lincoln Park to extend certain parks, |
boulevards and
driveways under its control from time to time |
and granting submerged
lands for the purpose of such extensions |
and providing for the
acquisition of riparian rights and shore |
lands and interests therein for
the purpose of such extensions |
|
and to defray the cost thereof," approved
May 25, 1931, and "An |
Act to enable Park Commissioners
having control of a park or |
parks bordering upon public waters in this
state, to enlarge |
and connect the same from time to time by extensions
over lands |
and the bed of such waters, and defining the use which may be
|
made of such extensions, and granting lands for the purpose of |
such
enlargements," approved May 14, 1903, as amended, and the |
other Statutes
pertaining to Park Districts bordering on |
navigable waters in the State
of Illinois.
|
(e) To locate and establish dock, shore and harbor lines.
|
(f) To license, regulate, and control the use and operation |
of the
harbor, including the operation of all water-borne |
vessels in the
harbor, or otherwise within the jurisdiction of |
the Chicago Park
District.
|
(g) To establish and collect fees for all facilities and |
services, and
compensation for materials furnished. Fees |
charged nonresidents of such
district need not be the same as |
fees charged to residents of the district.
|
(h) To appoint a director of special services, harbor |
masters and other
personnel, defining their
duties and |
authority.
|
(i) To enter into contracts and leases of every kind, |
dealing in any
manner with the objects and purposes of this |
section, upon such terms
and conditions as the Chicago Park |
District determines.
|
(j) To establish an impoundment area or areas within the |
jurisdiction
of the Chicago Park District.
|
(k) To remove and store within the impoundment area or |
areas a water-borne
vessel that:
|
(1) is tied or attached to any docks, piers or buoys or |
other moorings
in or upon any harbors or waters of the park |
system in contravention of
those Sections of the Code of the |
Chicago Park District pertaining to the
use of harbors or any |
rules promulgated by the general superintendent thereunder;
|
(2) is located in the waters or harbors for a period of 12 |
hours or more
without a proper permit;
|
|
(3) is abandoned or left unattended in the waters or |
harbors that impedes
navigation on the waters;
|
(4) is impeding navigation on the waters, because the |
persons in charge
are incapacitated due to injury or illness;
|
(5) is abandoned in the waters or harbors for a period of |
10 hours or more;
|
(6) is seized under Article 36 of the Criminal Code of |
1961, having been
used in the commission of a crime;
|
(7) is reported stolen and the owner has not been located |
after a reasonable search.
|
(l) To impose a duty on the director of special services or |
other appointed
official to manage and operate the impoundment |
process and to keep any impounded
vessel until such vessel is |
repossessed by the owner or other person legally
entitled to |
possession thereof or otherwise disposed of in accordance with
|
ordinances or regulations established by the Chicago Park |
District.
|
(m) To impose fees and charges for redemption of any |
impounded vessel
to cover the cost of towing and storage of the |
vessel while in custody of
the Chicago Park District.
|
(n) To release any impounded vessel to a person entitled to |
possession
or to dispose of such vessel which remains unclaimed |
after a reasonable
search for the owner has been made in full |
compliance with ordinances and
regulations of the Chicago Park |
District.
|
(o) To control, license and regulate, including the |
establishment of permits
and fees therefor, the chartering, |
renting or letting for hire of any vessel
operating on the |
waters or harbors within the jurisdiction of the Chicago Park |
District.
|
(p) To rent storage space to owners of vessels during such |
seasons and
at such fees as are prescribed from time to time in |
regulations of the Chicago
Park District.
|
(Source: P.A. 83-388.)
|
Section 95-10-170. The Lincoln Park Commissioners Land |
|
Condemnation Act is amended by changing Section 5 as follows:
|
(70 ILCS 1570/5) (from Ch. 105, par. 82)
|
Sec. 5. In case the Commissioners of Lincoln Park are |
unable to
agree with the owner or owners of or any persons |
interested in such
adjacent and adjoining lands or interests |
therein or riparian or other
rights appurtenant thereto or are |
unable to agree upon a boundary line
between the lands to be |
held by the Commissioners of Lincoln Park and the
lands to be |
held or retained by such shore owner in lieu of or as
|
compensation for the release of such adjacent or adjoining |
lands and
interest therein and riparian and other rights |
appurtenant thereto, or in
case any owner is incapable of |
consenting or his name or residence is
unknown or he is a |
non-resident of the State, proceedings may be had to
condemn |
such lands and interests therein and the right to impose
|
restrictions upon the use thereof and the riparian rights |
appurtenant
thereto according to the provisions
for the |
exercise of the right of eminent domain under the Eminent |
Domain Act
Article VII of the Code of Civil Procedure, as |
amended .
|
(Source: P.A. 82-783.)
|
Section 95-10-175. The Havana Regional Port District Act is |
amended by changing Section 8 as follows:
|
(70 ILCS 1805/8) (from Ch. 19, par. 608)
|
Sec. 8. The District has power to acquire and accept by |
purchase, lease,
gift, grant or otherwise any property and |
rights useful for its purposes
and to provide for the |
development of channels, ports, harbors, airports,
airfields, |
terminals, port facilities, terminal facilities, and other
|
transportation facilities within the Port District adequate to |
serve the
needs of commerce within the area served by the Port |
District. The Port
District may acquire real or personal |
property or any rights therein in the
manner, as near as may |
|
be, as is provided for the
exercise of the right of eminent |
domain under the Eminent Domain Act
Article VII of the Code of |
Civil Procedure, as
heretofore and hereafter amended , except |
that no property owned by any
municipality within the Port |
District shall be taken or appropriated
without first obtaining |
consent of the governing body of such municipality.
|
(Source: P.A. 82-783.)
|
Section 95-10-180. The Illinois International Port |
District Act is amended by changing Section 7 as follows:
|
(70 ILCS 1810/7) (from Ch. 19, par. 158)
|
Sec. 7. The Port District shall have power to acquire and |
accept by
purchase, lease, gift, grant or otherwise any and all |
real property,
whether a fee simple absolute or a lesser |
estate, and personal property
either within or without its |
corporate limits, or any right therein that
may be useful for |
its purposes and to provide for the development of
adequate |
channels, ports, harbors, terminals, port facilities, and
|
terminal facilities adequate to serve the needs of commerce |
within the
District. The District may acquire by condemnation |
any and all real
property lying within the Lake Calumet area |
(as hereinbefore defined)
and also any and all real property |
lying within 1/2 mile of the Calumet
River or Lake Calumet and |
the whole of any parcel of real property
adjacent to such River |
or Lake which is wholly within the corporate
limits of the City |
of Chicago even though part of such parcel may be
more than 1/2 |
mile from such River or Lake, whether a fee simple
absolute or |
a lesser estate, or any right or rights therein (including
|
riparian rights) that may be required for its corporate |
purposes in the
manner as near as may be, as is provided for |
the exercise of the right of
eminent domain under the Eminent |
Domain Act
Article VII of the Code of Civil Procedure, as
|
heretofore or hereafter amended ; except that no rights or |
property of
any kind or character now or hereafter owned, |
leased, controlled or
operated and used by, or necessary for |
|
the actual operations of, any
common carrier engaged in |
interstate commerce, shall be taken or
appropriated by the |
District without first obtaining the approval of the
Illinois |
Commerce Commission. The District shall have no power to
|
acquire by condemnation any property other than as prescribed |
in this
Section.
|
Any property or facility shall be leased or operated, if
at |
all, only by two or more unrelated contracting parties in |
parcels
that are as nearly equal in all respects as practicable |
unless the
Board determines that it is in the best interest of |
the District to
lease the property or facility to a single |
contracting party.
|
Also, the District may dedicate to the public for highway |
purposes
any of its real property and such dedications may be |
subject to such
conditions and the retention of such interest |
therein as may be deemed
for the best interest of the District |
by its Board.
|
The District may sell, convey, or operate any of its
|
buildings, structures or other improvements located upon |
District property as
may be deemed in the best interest of the |
District by its Board.
|
Also, the District, subject to the public bid requirements |
prescribed
in Section 5.02 in respect to public warehouses or |
public grain
elevators, may lease to others for any period of |
time, not to exceed 99
years, upon such terms as its Board may |
determine, any of its real
property, rights of way or |
privileges, or any interest therein, or any part
thereof, for |
industrial, manufacturing, commercial, recreational, or harbor
|
purposes, which is in the opinion of the Port District Board no |
longer
required for its primary purposes in the development of |
port and harbor
facilities for the use of public |
transportation, or which may not be
immediately needed for such |
purposes, but where such leases will in the
opinion of the Port |
District Board aid and promote such purposes, and in
|
conjunction with such leases, the District may grant rights of |
way and
privileges across the property of the District, which |
|
rights of way and
privileges may be assignable and irrevocable |
during the term of any such
lease and may include the right to |
enter upon the property of the
District to do such things as |
may be necessary for the enjoyment of such
leases, rights of |
way and privileges, and such leases may contain such
conditions |
and retain such interest therein as may be deemed for the
best |
interest of the District by such Board.
|
Also, the District shall have the right to grant easements |
and
permits for the use of any such real property, rights of |
way or
privileges which in the opinion of the Board will not |
interfere with the
use thereof by said District for its primary |
purposes and such easements
and permits may contain such |
conditions and retain such interest therein
as may be deemed |
for the best interest of said District by said Board.
|
With respect to any and all leases, easements, rights of |
way,
privileges and permits made or granted by the Board, the |
Board may agree
upon and collect the rentals, charges and fees |
that may be deemed for
the best interest by its Board. Such |
rentals, charges and fees shall be
used to defray the |
reasonable expenses of the District and to pay the
principal of |
and interest on any revenue bonds issued by the District.
|
(Source: P.A. 88-539.)
|
Section 95-10-185. The Illinois Valley Regional Port |
District Act is amended by changing Section 13 as follows:
|
(70 ILCS 1815/13) (from Ch. 19, par. 813)
|
Sec. 13. The District has power to acquire and accept by |
purchase, lease,
gift, grant or otherwise any property and |
rights useful for its purposes and to
provide for the |
development of channels, ports, harbors, airports,
airfields, |
terminals, port facilities, terminal facilities, and other
|
transportation facilities within the Port District adequate to |
serve the
needs of commerce within the area served by the Port |
District. The Port
District may acquire real or personal |
property or any rights therein in the
manner, as near as may |
|
be, as is provided for the
exercise of the right of eminent |
domain under the Eminent Domain Act
Article VII of the Code of |
Civil Procedure, as
heretofore and hereafter amended , except |
that no property owned by any
municipality within the Port |
District shall be taken or appropriated
without first obtaining |
consent of the governing body of such municipality.
|
(Source: P.A. 82-783.)
|
Section 95-10-190. The Jackson-Union Counties Regional |
Port District Act is amended by changing Section 5 as follows:
|
(70 ILCS 1820/5) (from Ch. 19, par. 855)
|
Sec. 5. The District has power to acquire and accept by
|
purchase, lease, gift, grant or otherwise any property and
|
rights useful for its purposes and to provide for the |
development
of channels, ports, harbors, airports, airfields, |
terminals,
port facilities and terminal facilities adequate to |
serve the needs
of commerce within the District. The District |
shall also have the power to
acquire and accept, by purchase, |
lease, gift, grant, or otherwise, any property
and rights |
useful for its purpose, and to provide for the development,
|
ownership, and construction of industrial sites, plants, and |
facilities,
including, but not limited to, plants and |
facilities for ethanol and its
by-products. The District may |
acquire real or
personal property or any rights therein in the |
manner, as near as may
be, as is provided for the exercise of |
the right of eminent domain
under the Eminent Domain Act
|
Article VII of the Code of Civil Procedure, as heretofore or
|
hereafter amended ; except that no rights or property of any |
kind
or character now or hereafter owned, leased, controlled or |
operated
and used by, or necessary for the actual operations |
of, any common
carrier engaged in interstate commerce, or of |
any other public
utility subject to the jurisdiction of the |
Illinois Commerce Commission,
shall be taken or appropriated by |
the District without first obtaining
the approval of the |
Illinois Commerce Commission. Notwithstanding
the provisions |
|
of any other Section of this Act, the District
shall have full |
power and authority to lease any or all of its
facilities for |
operation and maintenance to any person for such
length of time |
and upon such terms as the District shall deem necessary.
|
Also the District may lease to others for any period of |
time,
not to exceed 99 years, upon such terms as its Board may
|
determine, any of its real property, rights of way or |
privileges,
or any interest therein, or any part thereof, for |
industrial,
manufacturing, commercial or harbor purposes, |
which is in the opinion
of the Port District Board no longer |
required for its primary
purposes in the development of port |
and harbor facilities for the
use of public transportation, or |
which may not be immediately
needed for such purposes, but |
where such leases will in the
opinion of the Port District |
Board aid and promote such
purposes, and in conjunction with |
such leases, the District may
grant rights of way and |
privileges across the property of the District,
which rights of |
way and privileges may be assignable and irrevocable
during the |
term of any such lease and may include the right to enter
upon |
the property of the District to do such things as may be
|
necessary for the enjoyment of such leases, rights of way and
|
privileges, and such leases may contain such conditions and |
retain
such interest therein as may be deemed for the best |
interest of the
District by such Board.
|
Also, the District shall have the right to grant easements |
and
permits for the use of any such real property, rights of |
way
or privileges which in the opinion of the Board will not |
interfere
with the use thereof by the District for its primary |
purposes and
such easements and permits may contain such |
conditions and retain such
interest therein as may be deemed |
for the best interest of the District
by the Board.
|
With respect to any and all leases, easements, rights of |
way,
privileges and permits made or granted by the Board, the
|
Board may agree upon and collect the rentals, charges and fees |
that
may be deemed for the best interest of the District. Such
|
rentals, charges and fees shall be used to defray the |
|
reasonable
expenses of the District and to pay the principal of |
and interest on
any revenue bonds issued by the District.
|
(Source: P.A. 89-78, eff. 6-30-95.)
|
Section 95-10-195. The Joliet Regional Port District Act is |
amended by changing Section 5 as follows:
|
(70 ILCS 1825/5) (from Ch. 19, par. 255)
|
Sec. 5. The District has power to acquire and accept by |
purchase, lease,
gift, grant, or otherwise any property or |
rights useful for its purposes,
and to provide for the |
development of channels, ports, harbors, airports,
airfields, |
terminals, port facilities, and terminal facilities adequate |
to
serve the needs of commerce within the District. The |
District may acquire
real or personal property or any rights |
therein in the manner, as near as
may be,
as is provided for |
the exercise of the right
of eminent domain under the Eminent |
Domain Act
Article VII of the Code of Civil Procedure,
as |
heretofore or hereafter
amended , except that no rights or |
property of any kind or character now
or hereafter owned, |
leased, controlled or operated and used by, or
necessary for |
the actual operations of, any common carrier engaged in
|
interstate commerce, or of any other public utility subject to |
the
jurisdiction of the Illinois Commerce Commission, shall be |
taken or
appropriated by the District without first obtaining |
the approval of the
Illinois Commerce Commission.
|
(Source: P.A. 82-783.)
|
Section 95-10-200. The Kaskaskia Regional Port District |
Act is amended by changing Section 14 as follows:
|
(70 ILCS 1830/14) (from Ch. 19, par. 514)
|
Sec. 14. The District has power to acquire and accept by |
purchase, lease,
gift, grant or otherwise any property and |
rights useful for its purposes
and to provide for the |
development of channels, ports, harbors, airports,
airfields, |
|
terminals, port facilities, terminal facilities, and other
|
transportation facilities within the Port District adequate to |
serve the
needs of commerce within the area served by the Port |
District. The Port
District may acquire real or personal |
property or any rights therein in the
manner, as near as may |
be, as is provided for the
exercise of the right of eminent |
domain under the Eminent Domain Act
Article VII of the Code of |
Civil Procedure, as
heretofore and hereafter amended , except |
that no property owned by any
municipality within the Port |
District shall be taken or appropriated
without first obtaining |
consent of the governing body of such municipality.
|
(Source: P.A. 82-783.)
|
Section 95-10-205. The Mt. Carmel Regional Port District |
Act is amended by changing Section 6 as follows:
|
(70 ILCS 1835/6) (from Ch. 19, par. 706)
|
Sec. 6. The District has power to acquire and accept by |
purchase, lease,
gift, grant or otherwise any property and |
rights useful for its purposes and to
provide for the |
development of channels, ports, harbors, airports,
airfields, |
terminals, port facilities, terminal facilities, aquariums,
|
museums, planetariums, climatrons and any other building or |
facility which
the District has the power to acquire, |
construct, reconstruct, extend or
improve, to serve the needs |
of commerce within the District. The District
may acquire real |
or personal property or any rights therein in the manner,
as |
near as may be, as is provided for the exercise of
the right of |
eminent domain under the Eminent Domain Act
Article VII of the |
Code of Civil Procedure,
as now or hereafter
amended ; except |
that no rights or property of any kind or character now or
|
hereafter owned, leased, controlled or operated and used by or |
necessary
for the actual operations of any common carrier |
engaged in interstate
commerce, or of any other public utility |
subject to the jurisdiction of the
Illinois Commerce |
Commission, shall be taken or appropriated by the
District |
|
without first obtaining the approval of the Illinois Commerce
|
Commission; and except that no property owned by any city |
within the
District shall be taken or appropriated without |
first obtaining the consent
of the governing body of such city.
|
(Source: P.A. 82-783.)
|
Section 95-10-210. The Seneca Regional Port District Act is |
amended by changing Section 5 as follows:
|
(70 ILCS 1845/5) (from Ch. 19, par. 355)
|
Sec. 5. The District has power to acquire and accept by |
purchase, lease,
gift, grant or otherwise any property and |
rights useful for its purposes
and to provide for the |
development of channels, ports, harbors, airports,
airfields, |
terminals, port facilities and terminal facilities adequate to
|
serve the needs of commerce within the District. The District |
may acquire
real or personal property or any rights therein in |
the manner, as near as
may be,
as is provided for the exercise |
of the right
of eminent domain under the Eminent Domain Act
|
Article VII of the Code of Civil Procedure,
as heretofore or |
hereafter
amended ; except that no rights or property of any |
kind or character now
or hereafter owned, leased, controlled or |
operated and used by, or
necessary for the actual operations |
of, any common carrier engaged in
interstate commerce, or of |
any other public utility subject to the
jurisdiction of the |
Illinois Commerce Commission, shall be taken or
appropriated by |
the District without first obtaining the approval of the
|
Illinois Commerce Commission.
|
(Source: P.A. 82-783.)
|
Section 95-10-215. The Shawneetown Regional Port District |
Act is amended by changing Section 5 as follows:
|
(70 ILCS 1850/5) (from Ch. 19, par. 405)
|
Sec. 5. The District has power to acquire and accept by |
purchase, lease,
gift, grant or otherwise any property and |
|
rights useful for its purposes and to
provide for the |
development of channels, ports, harbors, airports,
airfields, |
terminals, port facilities and terminal facilities adequate to
|
serve the needs of commerce within the District. The District |
may acquire
real or personal property or any rights therein in |
the manner, as near as
may be, as is provided for the exercise |
of the right
of eminent domain under the Eminent Domain Act
|
Article VII of the Code of Civil Procedure, as heretofore
or |
hereafter
amended ; except that no rights or property of any |
kind or character now or
hereafter owned, leased, controlled or |
operated and used by, or necessary
for the actual operations |
of, any common carrier engaged in interstate
commerce, or of |
any other public utility subject to the jurisdiction of the
|
Illinois Commerce Commission, shall be taken or appropriated by |
the
District without first obtaining the approval of the |
Illinois Commerce
Commission. Notwithstanding the provisions |
of any other Section of this
Act, the District shall have full |
power and authority to lease any or all
of its facilities for |
operation and maintenance to any person for such
length of time |
and upon such terms as the District shall deem necessary.
|
Also the District may lease to others for any period of |
time, not to
exceed 99 years, upon such terms as its Board may |
determine, any of its
real property, rights of way or |
privileges, or any interest therein, or any
part thereof, for |
industrial, manufacturing, commercial or harbor purposes,
|
which is in the opinion of the Port District Board no longer |
required for
its primary purposes in the development of port |
and harbor facilities for
the use of public transportation, or |
which may not be immediately needed
for such purposes, but |
where such leases will in the opinion of the Port
District |
Board aid and promote such purposes, and in conjunction with |
such
leases, the District may grant rights of way and |
privileges across the
property of the District, which rights of |
way and privileges may be
assignable and irrevocable during the |
term of any such lease and may
include the right to enter upon |
the property of the District to do such
things as may be |
|
necessary for the enjoyment of such leases, rights of way
and |
privileges, and such leases may contain such conditions and |
retain such
interest therein as may be deemed for the best |
interest of the District by
such Board.
|
Also, the District shall have the right to grant easements |
and permits
for the use of any such real property, rights of |
way or privileges which in
the opinion of the Board will not |
interfere with the use thereof by the
District for its primary |
purposes and such easements and permits may
contain such |
conditions and retain such interest therein as may be deemed
|
for the best interest of the District by the Board.
|
With respect to any and all leases, easements, rights of |
way, privileges
and permits made or granted by the Board, the |
Board may agree upon and
collect the rentals, charges and fees |
that may be deemed for the best
interest of the District. Such |
rentals, charges and fees shall be used to
defray the |
reasonable expenses of the District and to pay the principal of
|
and interest on any revenue bonds issued by the District.
|
(Source: P.A. 82-783.)
|
Section 95-10-220. The Tri-City Regional Port District Act |
is amended by changing Section 5 as follows:
|
(70 ILCS 1860/5) (from Ch. 19, par. 288)
|
Sec. 5. The District has power to acquire and accept by |
purchase, lease,
gift, grant or otherwise any property and |
rights useful for its purposes and to
provide for the |
development of channels, ports, harbors, airports,
airfields, |
terminals, port facilities and terminal facilities adequate to
|
serve the needs of commerce within the District. The District |
may acquire
real or personal property or any rights therein in |
the manner, as near as
may be, as is provided for the exercise |
of the right
of eminent domain under the Eminent Domain Act
|
Article VII of the Code of Civil Procedure, as heretofore
or |
hereafter
amended ; except that no rights or property of any |
kind or character now or
hereafter owned, leased, controlled or |
|
operated and used by, or necessary
for the actual operations |
of, any common carrier engaged in interstate
commerce, or of |
any other public utility subject to the jurisdiction of the
|
Illinois Commerce Commission, shall be taken or appropriated by |
the
District without first obtaining the approval of the |
Illinois Commerce
Commission and except that no property owned |
by any city or village within
the District shall be taken or |
appropriated without first obtaining the
consent of such city |
or village.
|
Also, the District may lease to others for any period of |
time, not to
exceed 99 years, upon such terms as its Board may |
determine, any of its
real property, rights of way or |
privileges, or any interest therein, or any
part thereof, for |
industrial, manufacturing, commercial or harbor purposes.
In |
conjunction with such leases, the District may grant rights of |
way and
privileges across the property of the District, which |
rights of way and
privileges may be assignable and irrevocable |
during the term of any such
lease and may include the right to |
enter upon the property of the District
to do such things as |
may be necessary for the enjoyment of such leases,
rights of |
way and privileges, and such leases may contain such conditions
|
and retain such interest therein as may be deemed for the best |
interest of
the District by such Board.
|
Also, the District shall have the right to grant easements |
and permits
for the use of any such real property, rights of |
way or privileges which in
the opinion of the Board will not |
interfere with the use thereof by the
District for its primary |
purposes and such easements and permits may
contain such |
conditions and retain such interest therein as may be deemed
|
for the best interest of the District by the Board.
|
With respect to any and all leases, easements, rights of |
way, privileges
and permits made or granted by the Board, the |
Board may agree upon and
collect the rentals, charges and fees |
that may be deemed for the best
interest of the District. |
Except as provided in this Act for interim
financing, such |
rentals, charges and fees shall be used to defray the
|
|
reasonable expenses of the District and to pay the principal of |
and
interest on any revenue bonds issued by the District.
|
(Source: P.A. 82-783.)
|
Section 95-10-225. The Waukegan Port District Act is |
amended by changing Section 5 as follows:
|
(70 ILCS 1865/5) (from Ch. 19, par. 183)
|
Sec. 5. The District has power to acquire and accept by |
purchase, lease,
gift, grant or otherwise any property and |
rights useful for its purposes
and to provide for the |
development of channels, ports, harbors, airports,
airfields, |
terminals, port facilities and terminal facilities and
|
merchandising, commercial and industrial areas incidental to |
the ownership
and operation of an airport terminal facility |
adequate to serve the needs
of commerce within the District. |
The District may acquire real or personal
property or any |
rights therein in the manner, as near as may be, as is
provided |
for the exercise of the right of eminent
domain under the |
Eminent Domain Act
Article VII of the Code of Civil Procedure, |
as heretofore
or hereafter amended ;
except that no rights or |
property of any kind or character now or hereafter
owned, |
leased, controlled or operated and used by, or necessary for |
the
actual operation of, any common carrier engaged in |
interstate commerce, or
of any other public utility subject to |
the jurisdiction of the Illinois
Commerce Commission, shall be |
taken or appropriated by the District without
first obtaining |
the approval of that Commission. The District has the power
to |
lease, sell, exchange and mortgage real and personal property |
for any of
the purposes for which it may acquire property under |
the terms of this Act.
Any conveyance or mortgage by the |
District shall be signed by its Chairman
and attested by its |
Secretary.
|
(Source: P.A. 82-783.)
|
Section 95-10-230. The White County Port District Act is |
|
amended by changing Section 8 as follows:
|
(70 ILCS 1870/8) (from Ch. 19, par. 758)
|
Sec. 8. The District has power to acquire and accept by |
purchase, lease,
gift, grant or otherwise any property and |
rights useful for its purposes and to
provide for the |
development of channels, ports, harbors, airports,
airfields, |
terminals, port facilities, terminal facilities, and other
|
transportation facilities within the Port District adequate to |
serve the
needs of commerce within the area served by the Port |
District. The Port
District may acquire real or personal |
property or any rights therein in the
manner, as near as may |
be, as is provided for the
exercise of the right of eminent |
domain under the Eminent Domain Act
Article VII of the Code of |
Civil Procedure, as now
or hereafter amended , except that no |
property owned by any municipality
within the Port District |
shall be taken or appropriated without first
obtaining the |
consent of the governing body of such municipality.
|
(Source: P.A. 82-783.)
|
Section 95-10-235. The Railroad Terminal Authority Act is |
amended by changing Section 16 as follows:
|
(70 ILCS 1905/16) (from Ch. 114, par. 376)
|
Sec. 16. Acquisition of area. Upon
approval of the |
determination as provided in the preceding section,
the |
Railroad Terminal Authority may proceed to acquire by gift, |
purchase,
legacy, or by the exercise of the power of eminent |
domain the fee simple
title to the real property located within |
the area or areas described in
such determination including |
easements and reversionary interests in the
streets, alleys and |
other public places and personal property, required for
its |
purposes, and title thereto shall be taken in the corporate |
name of the
Authority. Any such property which is already |
devoted to a public use may
nevertheless be acquired, provided |
that no property belonging to the United
States of America or |
|
the State of Illinois may be acquired without the
consent of |
such governmental unit. No property devoted to a public use
|
belonging to a corporation subject to the jurisdiction of the |
Illinois
Commerce Commission may be acquired without a prior |
finding by the Illinois
Commerce Commission that the taking |
would not result in the imposition of
an undue burden on |
intrastate commerce and until the agreements with
3/4 of the |
railroad companies owning and 3/4 of the
railroad companies |
operating or using Railroad Terminals as provided in
subsection |
(f) of Section 14 of this Act have
been obtained, and provided |
further that
obligations heretofore imposed upon any such |
corporation by the State of
Illinois or the United States of |
America shall remain in force. Condemnation
proceedings shall |
be in all respects in accordance with the Eminent Domain Act
|
Article VII of the Code of Civil Procedure, approved August 19, |
1981, as amended . All
land and appurtenances thereto, acquired |
or owned by the Authority are to
be deemed acquired or owned |
for a public use or public purpose.
|
(Source: P.A. 83-388.)
|
Section 95-10-240. The Grand Avenue Railroad Relocation |
Authority Act is amended by changing Section 25 as follows:
|
(70 ILCS 1915/25)
|
Sec. 25. Acquisition of property. The Authority shall have |
the power to acquire by gift, purchase, legacy, or by
the |
exercise of eminent domain the fee simple title to real |
property located
within the boundaries of the Authority, |
including temporary and permanent
easements, as well as |
reversionary interests in the streets, alleys and other
public |
places and personal property, required for its purposes, and |
title
thereto shall be taken in the corporate name of the |
Authority. Any such
property which is already devoted to a |
public use may nevertheless be acquired,
provided that no |
property belonging to the United States of America or the
State |
of Illinois may be acquired without the consent of such |
|
governmental
unit. No property devoted to a public use |
belonging to a corporation subject
to the jurisdiction of the |
Illinois Commerce Commission may be acquired without
a prior |
finding by the Illinois Commerce Commission that the taking |
would not
result in the imposition of an undue burden on |
intrastate commerce. Eminent
domain proceedings shall be |
conducted in all respects in the manner provided
for the |
exercise of the right of the eminent domain under the Eminent |
Domain Act
Article VII of the Code of Civil Procedure . The |
Authority shall have "quick take" powers for a
period of 3 |
years from the effective date of this Act and continuing for |
any
actions commenced during the 3 years. No condemnation |
proceedings for the
acquisition of new property shall be |
instituted without the prior concurrence
of the effected |
Railroads in the route, width and title to be acquired thereby.
|
All land and appurtenances thereto, acquired or owned by the |
Authority, are to
be deemed acquired or owned for a public use |
or public purpose.
|
(Source: P.A. 89-134, eff. 7-14-95.)
|
Section 95-10-245. The River Conservancy Districts Act is |
amended by changing Section 10a as follows:
|
(70 ILCS 2105/10a) (from Ch. 42, par. 393)
|
Sec. 10a. Such conservancy district may acquire by |
purchase, condemnation
or otherwise any and all real and |
personal property, right of way and
privileges whether within |
or without its corporate limits that may be
required for its |
corporate purposes; and in case any district formed
hereunder |
shall be unable to agree with any person or party upon the |
terms
and amounts for which it may desire to acquire or |
purchase any such
property, it may proceed to acquire the same |
in accordance with the terms
and provisions of this Act.
|
Whenever the board of trustees of any conservancy district |
shall pass an
ordinance for the making of any improvement which |
such district is
authorized to make, the making of which will |
|
require that private property
should be taken or damaged, such |
district may cause compensation therefor
to be ascertained, and |
may condemn and acquire possession thereof in the
same manner |
as nearly as may be as is provided for the exercise of the |
right
of eminent domain under the Eminent Domain Act
Article |
VII of the Code of Civil Procedure, and
all amendments thereto : |
Provided, however, that proceedings
to ascertain the |
compensation to be paid for taking or damaging private
property |
shall in all cases be instituted in the county where the |
property
sought to be taken or damaged is situated; and, |
provided, that all damages
to property whether determined by |
agreement or by final judgment of court
shall be paid, prior to |
the payment of any other debt or obligation.
|
When in making any improvements which any district is |
authorized by this
Act to make, it shall be necessary to enter |
upon and take possession of any
public property or properties |
held for public use, the board of trustees of
such district |
shall have the power to and may acquire the necessary right
of |
way over any other property held for public use in the same |
manner as is
herein provided for acquiring private property, |
and may enter upon and use
the same for the purposes aforesaid: |
Provided,
the public use thereof shall
not be unnecessarily |
interrupted or interfered with, and that the same
shall be |
restored to its former usefulness as soon as possible.
|
(Source: P.A. 82-783.)
|
Section 95-10-250. The Sanitary District Act of 1907 is |
amended by changing Section 18 as follows:
|
(70 ILCS 2205/18) (from Ch. 42, par. 264)
|
Sec. 18. Whenever it shall be necessary to take or damage |
private property
for right of way or other purposes, for or in |
connection with any
improvement or work authorized by this Act, |
such sanitary district may
cause compensation therefor to be |
ascertained, and acquire the same, in the
manner provided for |
the exercise of
the right of eminent domain under the Eminent |
|
Domain Act
Article VII of the Code of Civil Procedure, and |
amendments
thereto : Provided, all such proceedings shall be |
instituted in the county
where the property sought to be taken |
or damaged, is situate, and all
damages or compensation, |
whether determined by agreement or final judgment
of court, |
shall be paid out of the annual district tax prior to the |
payment
of any other debt or obligation.
|
(Source: P.A. 82-783.)
|
Section 95-10-255. The North Shore Sanitary District Act is |
amended by changing Section 15 as follows:
|
(70 ILCS 2305/15) (from Ch. 42, par. 291)
|
Sec. 15. Whenever the board of trustees of any sanitary |
district shall pass
an ordinance for the making of any |
improvement which such district is
authorized to make, the |
making of which will require that private property
should be |
taken or damaged, such district may cause compensation therefor
|
to be ascertained, and condemn and acquire possession thereof |
in the same
manner as nearly as may be as is provided for the |
exercise of the right
of eminent domain under the Eminent |
Domain Act
Article VII of the Code of Civil Procedure : |
Provided, however, that proceedings
to ascertain the |
compensation
to be paid for taking or damaging private property |
shall in all cases, be
instituted in the county where the |
property sought to be taken or damaged
is situated; and |
provided, that all damages to property, whether determined
by |
agreement or by final judgment of court, shall be paid prior to |
the
payment of any other debt or obligation.
|
(Source: P.A. 82-783.)
|
Section 95-10-260. The Sanitary District Act of 1917 is |
amended by changing Sections 16.9, 16.10, and 18 as follows:
|
(70 ILCS 2405/16.9) (from Ch. 42, par. 315.9)
|
Sec. 16.9. The trustees of the sanitary district may |
|
acquire, by purchase
or contract with an individual, |
corporation or municipality, a waterworks
sufficient for the |
needs of the inhabitants of the district. In the event
that the |
trustees are unable to agree with any person, corporation or
|
municipality upon the terms under which it may acquire such a |
waterworks
under this Act, then the right to obtain such |
waterworks may be acquired by
condemnation in a circuit court
|
by proceedings in the
manner as near as may be as is provided |
for the exercise of the right of
eminent domain under the |
Eminent Domain Act
Article VII of the Code of Civil Procedure, |
as amended .
The compensation or rates to be paid for such
|
waterworks and the manner of payment shall be determined by the
|
judgment of the court wherein such proceedings take place.
|
(Source: P.A. 84-1308.)
|
(70 ILCS 2405/16.10) (from Ch. 42, par. 315.10)
|
Sec. 16.10. For the purpose of purchasing any waterworks |
under this Act or
for the purpose of purchasing any property |
necessary therefor, the district
has the right of eminent |
domain as provided by the Eminent Domain Act
Article VII of the |
Code of Civil Procedure, as
amended .
|
(Source: P.A. 82-783.)
|
(70 ILCS 2405/18) (from Ch. 42, par. 317)
|
Sec. 18. (a) The board of trustees of any such sanitary |
district may
prevent the pollution of any waters from which a |
water supply may be
obtained by any city, town or village |
within the district, and may appoint
and support a sufficient |
police force, the members of which may have and
exercise police |
powers over the territory within such drainage district,
and |
over the territory included within a radius of 15 miles from |
the intake
of any such water supply in any such waters, for the |
purpose of preventing
the pollution of the waters, and any |
interference with any of the property
of such sanitary |
district. Such police officers when acting within the
limits of |
any such city, town or village, shall act in aid of the regular
|
|
police force thereof, and are subject to the direction of its |
chief of
police, city or village marshals or other head |
thereof. However, in so
doing, they shall not be prevented or |
hindered from executing the orders
and authority of the board |
of trustees of such sanitary district. Before
compelling a |
change in any method of disposal of sewage so as to prevent
the |
pollution of any water, the board of trustees of such district |
shall
first have provided means to prevent the pollution of the |
water from sewage
or refuse originating from their own sanitary |
districts.
|
(b) Where any such sanitary district has constructed a |
sewage disposal
plant and the board of trustees of such |
district finds that it will promote
the public health, comfort |
or convenience, the board may build and maintain
a dam or dams |
or other structures in any river or stream flowing in or
|
through such district at any point or points within the |
boundaries of such
district or within 3 miles outside the |
boundaries thereof so as to regulate
or control the flow of the |
waters of such river or stream and the
tributaries thereof, but |
shall not take or damage private property without
making just |
compensation as provided for the exercise
of the right of |
eminent domain under the Eminent Domain Act
Article VII of the |
Code of Civil Procedure, as amended .
|
(c) After the construction of such sewage disposal plant, |
if the board
finds that it will promote the public health, |
comfort or convenience, such
board of trustees may by whatever |
means necessary, remove debris, refuse
and other objectionable |
matter from, keep clean and wholesome, and dredge,
dam, deepen |
or otherwise improve the channel, bed or banks of any such
|
river or stream, or any portion thereof, within the boundaries |
of any such
sanitary district or within 3 miles outside the |
boundaries thereof.
|
(d) After the construction of such sewage disposal plant, |
if the board
finds that it will promote the prevention of |
pollution of waters of the
State, such board of trustees may |
adopt ordinances or rules and
regulations, prohibiting or |
|
regulating the discharge to sewers of
inadmissible wastes or |
substances toxic to biological wastewater treatment
processes. |
Inadmissible wastes include those which create a fire or
|
explosion hazard in the sewer or treatment works; those which |
will impair
the hydraulic capacity of sewer systems; and those |
which in any quantity,
create a hazard to people, sewer |
systems, treatment processes, or receiving
waters. Substances |
that may be toxic to wastewater treatment processes
include |
copper, chromium, lead, zinc, arsenic and nickel and any |
poisonous
compounds such as cyanide or radioactive wastes which |
pass through
wastewater treatment plants in hazardous |
concentrations and menace users of
the receiving waters. Such |
ordinances or rules and regulations shall be
effective |
throughout the sanitary district, in the incorporated areas as
|
well as the unincorporated areas and all public sewers therein.
|
(e) The board of trustees of any sanitary district |
organized under
this Act is authorized to apply to the circuit |
court for injunctive relief
or mandamus when, in the opinion of |
the board of trustees, such relief is
necessary to prevent the |
pollution of any waters from which a water supply
may be |
obtained by any municipality within the district.
|
(f) The sanitary district shall have the power and |
authority to
prevent the pollution of any waters, as defined in |
Section 26 of this Act,
from which a water supply may be |
obtained by any city, town or village.
The sanitary district, |
acting through the chief administrative officer of
such |
sanitary district, shall have the power to commence an action |
or
proceeding in the circuit court in and for the county in |
which the district
is located for the purpose of having the |
pollution stopped and prevented
either by mandamus or |
injunction. The court shall specify a time, not
exceeding 20 |
days after the service of the copy of the petition, in which
|
the party complained of must answer the petition, and in the |
meantime, the
party be restrained. In case of default in answer |
or after answer, the
court shall immediately inquire into the |
facts and circumstances of the
case and enter an appropriate |
|
order in respect to the matters
complained of. An appeal may be |
taken in the same
manner and with the same effect as appeals |
are taken
in other actions for mandamus or injunction.
|
(Source: P.A. 85-1136.)
|
Section 95-10-265. The Metropolitan Water Reclamation |
District Act is amended by changing Section 16 as follows:
|
(70 ILCS 2605/16) (from Ch. 42, par. 336)
|
Sec. 16. Whenever the board of trustees of any sanitary |
district shall pass an
ordinance for the making of any |
improvement which such district is
authorized to make, the |
making of which will require that private property
should be |
taken or damaged, such district may cause compensation therefor
|
to be ascertained, and condemn and acquire possession thereof |
in the same
manner as nearly as may be as is provided for the |
exercise of the right
of eminent domain under the Eminent |
Domain Act
Article VII of the Code of Civil Procedure . However, |
proceedings to ascertain
the compensation to be paid for
taking |
or damaging private property shall in all cases, be instituted |
in
the county where the property sought to be taken or damaged |
is situated and
all damages to property whether determined by |
agreement or by final
judgment of court shall be paid out of |
the annual district tax, prior to
the payment of any other debt |
or obligation. In the event the board of
trustees of such |
sanitary district shall determine that negotiations for
the |
acquisition property for flood control projects or easements |
for sewers
or sewer improvement over, under or upon certain |
parcels or tracts of land
necessary for the right of way for |
any improvement which such District is
authorized to make have |
proven unsuccessful and the Board of Trustees shall
have by |
resolution adopted a schedule or plan of operation for the
|
execution of the project and therein made a finding that it is |
necessary to
take such property immediately or at some |
specified later date in order to
comply with the schedule, the |
Board may commence proceedings to acquire
such property or |
|
easements in the same manner provided in Article 20 of the |
Eminent Domain Act (quick-take procedure)
Sections 7-103
|
through 7-112 of the Code of Civil Procedure, as amended .
|
(Source: P.A. 82-783.)
|
Section 95-10-270. The Sanitary District Act of 1936 is |
amended by changing Sections 24, 26i, 26j, 27, 32k, and 32l as |
follows:
|
(70 ILCS 2805/24) (from Ch. 42, par. 435)
|
Sec. 24. Whenever the board of trustees of any sanitary |
district shall pass
an ordinance for the making of any |
improvement which such district is
authorized to make, the |
making of which will require that private property
should be |
taken or damaged, such district may cause compensation therefor
|
to be ascertained, and may condemn and acquire possession |
thereof in the
same manner as nearly as may be as is provided |
for the exercise of the right
of eminent domain under the |
Eminent Domain Act
Article VII of the Code of Civil Procedure, |
and
all amendments thereto : Provided, however, that |
proceedings
to ascertain the compensation to be paid for taking |
or damaging private
property shall in all cases be instituted |
in the county where the property
sought to be taken or damaged |
is situated: And, provided, that all damages
to property |
whether determined by agreement or by final judgment of court
|
shall be paid, prior to the payment of any other debt or |
obligation.
|
(Source: P.A. 82-783.)
|
(70 ILCS 2805/26i) (from Ch. 42, par. 437i)
|
Sec. 26i. The trustees of the sanitary district may |
acquire, by purchase or
contract with an individual, |
corporation or municipality, a drainage system
sufficient for |
the needs of the inhabitants of the district. In the event
that |
the trustees are unable to agree with any person, corporation |
or
municipality upon the terms under which it may acquire such |
|
a drainage
system under this Act, then the right to obtain such |
drainage system may be
acquired by condemnation in a circuit |
court by
proceedings in the manner as near as may be as is |
provided for the exercise
of the right of eminent domain under |
the Eminent Domain Act
Article VII of the Code of Civil |
Procedure, as amended . The compensation or rates to be paid for |
such
drainage system and the manner of payment shall be |
determined by the
judgment of the court wherein such |
proceedings take place.
|
(Source: P.A. 84-1308.)
|
(70 ILCS 2805/26j) (from Ch. 42, par. 437j)
|
Sec. 26j. For the purpose of purchasing any drainage system |
under this act
or for the purpose of purchasing any property |
necessary therefor, the
district has the right of eminent |
domain as provided by the Eminent Domain Act
Article VII of the |
Code of Civil Procedure,
as amended .
|
(Source: P.A. 82-783.)
|
(70 ILCS 2805/27) (from Ch. 42, par. 438)
|
Sec. 27. (a) The board of trustees of any such sanitary |
district shall have
power and authority to prevent the |
pollution of any waters from which a
water supply may be |
obtained within said sanitary district, and shall have
the |
right and power to appoint and support a sufficient police |
force, the
members of which shall have and may exercise police |
powers over the
territory within such sanitary district and |
over the territory included
within a radius of fifteen miles |
from the intake of any such water supply,
for the purpose of |
preventing the pollution of said waters, and over any
|
interference with any of the property of such sanitary |
district: Provided,
that before compelling a change in any |
method of disposal of sewage so as
to prevent the said |
pollution of any water, the board of trustees of such
sanitary |
district shall first have provided means to prevent the |
pollution of
said water from sewage or refuse originating from |
|
their own sanitary districts.
|
(b) Where any such sanitary district has constructed a |
sewage disposal
plant and the board of trustees of such |
district finds that it will conduce
to the public health, |
comfort or convenience, said board shall have power
and |
authority to build and maintain a dam or dams or other |
structures in
any river or stream flowing in or through such |
district at any point or
points within the boundaries of such |
district or within three miles outside
the boundaries thereof |
so as to regulate or control the flow of the waters
of such |
river or stream and the tributaries thereof, but shall not take |
or
damage private property without making just compensation as |
provided for
the exercise of the right of eminent domain under
|
the Eminent Domain Act
Article VII of the Code of Civil |
Procedure .
|
(c) After the construction of such sewage disposal plant, |
if said board
finds that it will conduce to the public health, |
comfort or convenience,
such board of trustees shall have power |
by whatever means necessary to
remove debris, refuse and other |
objectionable matter from, keep clean and
wholesome, and |
dredge, dam, deepen or otherwise improve the channel, bed or
|
banks of any such river or stream, or any portion thereof, |
within the
boundaries of any such sanitary district or within |
three miles outside the
boundaries thereof.
|
(d) The board of trustees of any sanitary district |
organized under
this Act is authorized to apply to the circuit |
court for injunctive relief
or mandamus when, in the opinion of |
the board of trustees, such relief is
necessary to prevent the |
pollution of any waters from which a water supply
may be |
obtained within the district.
|
(e) The sanitary district shall have the power and |
authority to
prevent the pollution of any waters
from which a |
water supply may be obtained by any city, town or village.
The |
sanitary district, acting through the chief administrative |
officer of
such sanitary district, shall have the power to |
commence an action or
proceeding in the circuit court in and |
|
for the county in which the district
is located for the purpose |
of having the pollution stopped and prevented
either by |
mandamus or injunction. The court shall specify a time, not
|
exceeding 20 days after the service of the copy of the |
petition, in which
the party complained of must answer the |
petition, and in the meantime, the
party be restrained. In case |
of default in answer or after answer, the
court shall |
immediately inquire into the facts and circumstances of the
|
case and enter an appropriate order in respect to the matters
|
complained of. An appeal may be taken in the same
manner and |
with the same effect as appeals are taken
in other actions for |
mandamus or injunction.
|
(Source: P.A. 85-1136.)
|
(70 ILCS 2805/32k) (from Ch. 42, par. 443k)
|
Sec. 32k. The trustees of the sanitary district may |
acquire, by purchase or
contract with an individual, |
corporation or municipality, a water supply
sufficient for |
diluting and flushing its sewer system and for the needs of
the |
inhabitants of the district. In the event that the trustees |
shall be
unable to agree with any person, corporation or |
municipality upon the terms
under which it may acquire such a |
water supply under this act, then the
right to obtain such a |
supply may be acquired by condemnation in any court
of |
competent jurisdiction by proceedings in the manner as near as |
may be as
is provided for the exercise of the right of eminent |
domain
under the Eminent Domain Act
Article VII of the Code of |
Civil Procedure, as amended . The
compensation or rates to be |
paid for such supply of water and the manner of
payment shall |
be as may be determined by the decree or judgment of the
court |
wherein such proceedings may be had.
|
(Source: P.A. 84-545.)
|
(70 ILCS 2805/32l) (from Ch. 42, par. 443l)
|
Sec. 32l. For the purpose of purchasing any waterworks |
under this act or
for the purpose of purchasing any property |
|
necessary therefor, the district
has the right of eminent |
domain as provided by the Eminent Domain Act
Article VII of the |
Code of Civil Procedure, as
amended .
|
(Source: P.A. 82-783.)
|
Section 95-10-275. The Sanitary District Revenue Bond Act |
is amended by changing Section 10 as follows:
|
(70 ILCS 3010/10) (from Ch. 42, par. 319.10)
|
Sec. 10. For the purpose of improving or extending, or |
constructing or
acquiring and improving and extending any |
sewerage system under this Act, a
sanitary district has the |
right to acquire any property necessary or
appropriate therefor |
by eminent domain as provided by the Eminent Domain Act
Article |
VII of the Code of Civil Procedure,
as amended .
|
(Source: P.A. 82-783.)
|
Section 95-10-280. The Illinois Sports Facilities |
Authority Act is amended by changing Section 12 as follows:
|
(70 ILCS 3205/12) (from Ch. 85, par. 6012)
|
Sec. 12. Acquisition of property. The Authority may acquire |
in
its own name, by gift or purchase, any real or personal
|
property, or interests in real or personal property, necessary |
or
convenient to carry out its corporate purposes.
|
The Authority may acquire by eminent domain, by complaint |
filed
before July 1, 1991 pursuant to Article VII of the Code |
of Civil Procedure (now the Eminent Domain Act) , as amended,
|
and the Authority may acquire by
immediate vesting of title, |
commonly referred to as "quick take", pursuant
to Sections |
7-103 through 7-112 of the Code of Civil Procedure (now Article |
20 of the Eminent Domain Act) , as
amended, real or personal |
property or interests in real or personal
property located |
within any of the following described parcels:
|
Parcel A:
|
That property located within the City of Chicago bounded by |
|
33rd Street
on the North, Normal Street on the West, 35th |
Street on the South and the
Western most part of the |
right-of-way of the Chicago and Western Indiana
R.R. on the |
East.
|
Parcel B:
|
That property located within the City of Chicago bounded by |
33rd Street on
the North, the Eastern most part of the |
right-of-way of the Conrail R.R. on
the West, 37th Street on |
the South and Wentworth Avenue on the East with
the exception |
of the following: Lots 1 to 10, inclusive, and Lot 13 in
Le |
Moyne's Subdivision of the South 1/2 of Block 19 of Canal |
Trustees'
Subdivision of Section 33, Township 39 North, Range |
14, East of the Third
Principal Meridian, together with those |
parts of the East 1/2 of the
vacated North and South 16 foot |
alley in said subdivision lying West of and
adjoining said |
lots;
|
also excepting
|
Lots 42, 43, 44 and 45 in Le Moyne's Subdivision aforesaid |
together with
the North 1/2 of the vacated East and West 16 |
foot alley in said
subdivision lying South of and adjoining |
said Lot 45, and also those parts
of the West 1/2 of the |
vacated North and South 16 foot alley in said
subdivision lying |
East of and adjoining said Lots 42, 43, 44 and 45 and the
North |
1/2 of the vacated East and West 16 foot alley lying South of |
and
adjoining said Lot 45;
|
also excepting
|
Lots 14 to 23, inclusive, and Lot 24 (except the North 16 feet |
thereof)
in Le Moyne's Subdivision of the South 1/2 of Block 19 |
of Canal Trustees'
Subdivision of Section 33, Township 39 |
North, Range 14, East of the Third
Principal Meridian, together |
with those parts of the East 1/2 of the
vacated North and South |
16 foot alley in said subdivision lying West of and
adjoining |
said lots and part of lot;
|
also excepting
|
Lots 27 to 37, inclusive, in Le Moyne's Subdivision aforesaid |
together
with that part of the South 1/2 of the vacated East |
|
and West 8 foot alley
in said subdivision lying North of and |
adjoining said Lot 27, and also
those parts of the West 1/2 of |
the vacated North and South 16 foot alley
said subdivision |
lying East of and adjoining said Lots 28 to 37, inclusive,
and |
that part of said Lot 27 lying South of the South line of the |
North 16
feet of Lot 24 in said subdivision extended West, all |
in Cook County, Illinois.
|
Parcel C:
|
That property located within the City of Chicago bounded by |
37th Street
on the North, the Eastern most part of the |
right-of-way of the Conrail R.R.
on the West, 39th Street on |
the South and Princeton Ave on the East.
|
Provided, however, that the Authority shall not have the |
power to acquire
by eminent domain any property located within |
Parcel A, Parcel B or Parcel
C which was, on January 1, 1987, |
owned, leased, used or occupied by
the City of Chicago, the |
Chicago Board of Education, the Chicago Housing
Authority, the |
Chicago Park District, or any other public body.
|
(Source: P.A. 85-1034.)
|
Section 95-10-285. The Surface Water Protection District |
Act is amended by changing Section 16 as follows:
|
(70 ILCS 3405/16) (from Ch. 42, par. 463)
|
Sec. 16. The board of trustees of any surface water |
protection district has
the power: to adopt and enforce |
ordinances for the necessary protection
from surface water |
damage; to acquire real and personal property, rights of
way |
and privileges either within or without its corporate limits |
that may
be required for its corporate purposes; and to acquire |
or construct
structures necessary to exercise the powers herein |
conferred and to dispose
of such property and structures when |
no longer needed.
|
In acquiring any property, right of way or privilege |
therein, the board
of trustees may exercise the power of |
eminent domain in the manner provided
in the Eminent Domain Act
|
|
Article VII of the Code of Civil Procedure, as amended .
|
When, in making any improvement, it is necessary to enter |
upon any
public property or property held for public use, the |
board of trustees may
acquire the necessary right of way over |
or through such property in the
manner herein provided for the |
acquisition of private property, but the
public use of such |
property shall not be unnecessarily interrupted or
interfered |
with and it shall be restored to its former usefulness as soon
|
as possible.
|
(Source: P.A. 82-783.)
|
Section 95-10-290. The Regional Transportation Authority |
Act is amended by changing Section 2.13 as follows:
|
(70 ILCS 3615/2.13) (from Ch. 111 2/3, par. 702.13)
|
Sec. 2.13. (a) The Authority may take and acquire |
possession by eminent domain of
any property or interest in |
property which the Authority is authorized to
acquire under |
this Act. The power of eminent domain may be exercised by
|
ordinance of the Authority, and shall extend to all types of |
interests in
property, both real and personal (including |
without limitation easements
for access purposes to and rights |
of concurrent usage of existing or
planned public |
transportation facilities), whether or not the property is
|
public property or is devoted to public use and whether or not |
the property
is owned or held by a public transportation |
agency, except as specifically
limited by this Act.
|
(b) The Authority shall exercise the power of eminent |
domain granted in
this Section in the manner provided for the |
exercise
of the right of eminent domain under the Eminent |
Domain Act
Article VII of the Code of Civil Procedure, as now |
or
hereafter amended , except that the Authority may not |
exercise the authority
provided in Article 20 of the Eminent |
Domain Act (quick-take procedure)
Sections 7-103 through 7-112 |
of the Code of Civil Procedure
providing for immediate
|
possession in such proceedings, and except that those |
|
provisions of Section 10-5-10 of the Eminent Domain Act
Section
|
7-102 of that Code requiring prior approval of the
Illinois |
Commerce Commission
in certain instances shall apply to eminent |
domain proceedings by the
Authority only as to any taking or |
damaging by the Authority of any real
property of a railroad |
not used for public transportation or of any real
property of |
other public utilities.
|
(c) The Authority may exercise the right of eminent domain |
to acquire
public property only upon the concurrence of 2/3 of |
the then Directors. In
any proceeding for the taking of public |
property by the Authority through
the exercise of the power of |
eminent domain the venue shall be in the
Circuit Court of the |
county in which the property is located. The right of
eminent |
domain may be exercised over property used for public park
|
purposes, for State Forest purposes or for forest preserve |
purposes only
upon a written finding adopted by concurrence of |
2/3 of the then Directors,
after public hearing and a written |
study done for the Authority, that such
taking is necessary to |
accomplish the purposes of this Act, that no
feasible |
alternatives to such taking exist, and that the advantages to |
the
public from such taking exceed the disadvantages to the |
public of doing so.
In any proceeding for the exercise of the |
right of eminent domain for the
taking by the Authority of |
property used for public park, State forest, or
forest preserve |
purposes, the court shall not order the taking of such
property |
unless it has reviewed and concurred in the findings required |
of
the Authority by this paragraph. No property dedicated as a |
nature
preserve pursuant to the "Illinois Natural Areas |
Preservation Act",
as now or hereafter amended, may be
acquired |
in eminent domain by the Authority.
|
(Source: P.A. 82-783.)
|
Section 95-10-295. The Public Water District Act is amended |
by changing Section 8 as follows:
|
(70 ILCS 3705/8) (from Ch. 111 2/3, par. 195)
|
|
Sec. 8. Whenever the board of trustees of any public water |
district shall
pass an ordinance for the construction or |
acquisition of any waterworks
properties or improvements or |
extensions which such district is authorized
to make, the |
making of which will require that private property be taken or
|
damaged, such district may cause compensation therefor to be |
ascertained
and may condemn and acquire possession thereof in |
the same manner as nearly
as may be as provided for the |
exercise of the right
of eminent domain under the Eminent |
Domain Act
Article VII of the Code of Civil Procedure,
as |
amended ; provided,
however, that proceedings to ascertain the |
compensation to be paid for
taking or damaging private property |
shall in all cases be instituted in the
county where the |
property sought to be taken or damaged is situated.
|
(Source: P.A. 82-783.)
|
Section 95-10-300. The Libraries in Parks Act is amended by |
changing Section 1 as follows:
|
(75 ILCS 65/1) (from Ch. 81, par. 41)
|
Sec. 1. That the corporate authorities of cities and
park |
districts, or any board of park commissioners having the |
control or
supervision of any public park or parks, are hereby |
authorized to permit
any free public library, organized under |
the terms and provisions of an act
entitled, "An Act to |
encourage and promote the establishment of free public
|
libraries in cities, villages and towns of this State," |
approved June 17,
1891, in force July 1, 1891, to erect and |
maintain, at its own expense, its
library building within any |
public park now or hereafter under the control
or supervision |
of such city, park district or board of park commissioners
and |
to contract with any such free public library relative to the |
erection,
maintenance and administration thereof. If any owner |
or owners of any lands
or lots abutting or fronting on any such |
park, or adjacent thereto, or any
other person or persons, have |
any right, easement, interest or property in
such public park |
|
appurtenant to their lands or lots, or otherwise, which
would |
be interfered with by the erection and maintenance of any free |
public
library building, as hereinbefore provided, or any right |
to have such
public park, or any part thereof, remain open and |
vacant and free from any
buildings the corporate authorities of |
the city or park district or any
board of park commissioners, |
having control of such park, may condemn the
same in the manner |
prescribed for the exercise of the right of eminent domain |
under
the Eminent Domain Act
Article VII of the Code of Civil |
Procedure, and the amendments thereto .
|
(Source: P.A. 82-783.)
|
Section 95-10-305. The University of Illinois Act is |
amended by changing Section 7 as follows:
|
(110 ILCS 305/7) (from Ch. 144, par. 28)
|
Sec. 7. Powers of trustees.
|
(a) The trustees shall have power to provide for the |
requisite
buildings, apparatus, and conveniences; to fix the |
rates for tuition; to
appoint such professors and instructors, |
and to establish and provide for
the management of such model |
farms, model art, and other departments and
professorships, as |
may be required to teach, in the most thorough manner,
such |
branches of learning as are related to agriculture and the |
mechanic
arts, and military tactics, without excluding other |
scientific and classical
studies. The trustees shall, upon the |
written request of an employee withhold
from the compensation |
of that employee any dues, payments or contributions
payable by |
such employee to any labor organization as defined in the |
Illinois
Educational Labor Relations Act. Under such |
arrangement, an amount shall
be withheld from each regular |
payroll period which is equal to the pro rata
share of the |
annual dues plus any payments or contributions, and the |
trustees
shall transmit such withholdings to the specified |
labor organization within 10
working days from the time of the |
withholding. They may accept the endowments
and voluntary |
|
professorships or departments in the University, from any |
person
or persons or corporations who may offer the same, and, |
at any regular
meeting of the board, may prescribe rules and |
regulations in relation to such
endowments and declare on what |
general principles they may be admitted:
Provided, that such |
special voluntary endowments or professorships shall
not be |
incompatible with the true design and scope of the act of |
congress,
or of this Act: Provided, that no student shall at |
any time be allowed to
remain in or about the University in |
idleness, or without full mental or
industrial occupation: And |
provided further, that the trustees, in the
exercise of any of |
the powers conferred by this Act, shall not create any
|
liability or indebtedness in excess of the funds in the hands |
of the
treasurer of the University at the time of creating such |
liability or
indebtedness, and which may be specially and |
properly applied to the
payment of the same. Any lease to the |
trustees of lands, buildings or
facilities which will support |
scientific research and development in such
areas as high |
technology, super computing, microelectronics, biotechnology,
|
robotics, physics and engineering shall be for a term not to |
exceed 18 years,
and may grant to the trustees the option to |
purchase the lands, buildings or
facilities. The lease shall |
recite that it is subject to termination and
cancellation in |
any year for which the General Assembly fails to make an
|
appropriation to pay the rent payable under the terms of the |
lease.
|
Leases for the purposes described herein exceeding 5 years |
shall have
the approval of the Illinois Board of Higher |
Education.
|
The Board of Trustees may, directly or in cooperation with |
other institutions
of higher education, acquire by purchase or |
lease or otherwise, and construct,
enlarge, improve, equip, |
complete, operate, control and manage medical research
and high |
technology parks, together with the necessary lands, |
buildings,
facilities, equipment and personal property |
therefor, to encourage and
facilitate (a) the location and |
|
development of business and industry in the
State of Illinois, |
and (b) the increased application and development of
technology |
and (c) the improvement and development of the State's economy.
|
The Board of Trustees may lease to nonprofit corporations all |
or any part
of the land, buildings, facilities, equipment or |
other property included in
a medical research and high |
technology park upon such terms and conditions as
the |
University of Illinois may deem advisable and enter into any |
contract or
agreement with such nonprofit corporations as may |
be necessary or suitable for
the construction, financing, |
operation and maintenance and management of any
such park; and |
may lease to any person, firm, partnership or corporation,
|
either public or private, any part or all of the land, |
building, facilities,
equipment or other property of such park |
for such purposes and upon such
rentals, terms and conditions |
as the University may deem advisable; and may
finance all or |
part of the cost of any such park, including the purchase,
|
lease, construction, reconstruction, improvement, remodeling, |
addition to, and
extension and maintenance of all or part of |
such high technology park, and all
equipment and furnishings, |
by legislative appropriations, government grants,
contracts, |
private gifts, loans, receipts from the operation of such high
|
technology park, rentals and similar receipts; and may make its |
other
facilities and services available to tenants or other |
occupants of any such
park at rates which are reasonable and |
appropriate.
|
The Trustees shall have power (a) to purchase real property |
and
easements, and (b) to acquire real property and easements |
in the manner
provided by law for the exercise of the right of |
eminent domain, and in the
event negotiations for the |
acquisition of real property or easements for
making any |
improvement which the Trustees are authorized to make shall |
have
proven unsuccessful and the Trustees shall have by |
resolution adopted a
schedule or plan of operation for the |
execution of the project and therein
made a finding that it is |
necessary to take such property or easements
immediately or at |
|
some specified later date in order to comply with the
schedule, |
the Trustees may acquire such property or easements in the same
|
manner provided in Article 20 of the Eminent Domain Act |
(quick-take procedure)
Sections 7-103 through 7-112 of the Code |
of Civil
Procedure .
|
The Board of Trustees also shall have power to agree with |
the State's
Attorney of the county in which any properties of |
the Board are located to
pay for services rendered by the |
various taxing districts for the years
1944 through 1949 and to |
pay annually for services rendered thereafter by
such district |
such sums as may be determined by the Board upon properties
|
used solely for income producing purposes, title to which is |
held by said
Board of Trustees, upon properties leased to |
members of the staff of the
University of Illinois, title to |
which is held in trust for said Board of
Trustees and upon |
properties leased to for-profit entities the title to
which |
properties is held by the Board of Trustees. A certified copy |
of
any such agreement made with the State's Attorney shall be |
filed with the
County Clerk and such sums shall be distributed |
to the respective taxing
districts by the County Collector in |
such proportions that each taxing district
will receive |
therefrom such proportion as the tax rate of such taxing |
district
bears to the total tax rate that would be levied |
against such properties if
they were not exempt from taxation |
under the Property Tax Code.
|
The Board of Trustees of the University of Illinois, |
subject to the
applicable civil service law, may appoint |
persons to be members of the
University of Illinois Police |
Department. Members of the Police Department
shall be peace |
officers and as such have all powers possessed by policemen
in |
cities, and sheriffs, including the power to make arrests on |
view or
warrants of violations of state statutes and city or |
county ordinances,
except that they may exercise such powers |
only in counties wherein the
University and any of its branches |
or properties are located when such is
required for the |
protection of university properties and interests, and its
|
|
students and personnel, and otherwise, within such counties, |
when requested
by appropriate state or local law enforcement |
officials; provided, however,
that such officer shall have no |
power to serve and execute civil processes.
|
The Board of Trustees must authorize to each member of the |
University of
Illinois
Police
Department
and to any other |
employee of the University of Illinois exercising the powers
of |
a peace officer
a distinct badge
that, on its face, (i) clearly |
states that the badge is authorized by the
University of
|
Illinois and (ii)
contains a unique identifying number.
No |
other badge shall be authorized by
the University of Illinois.
|
Nothing in this paragraph prohibits the Board of Trustees from |
issuing
shields
or other distinctive identification to |
employees not exercising the powers of a
peace officer if the |
Board of Trustees determines that a shield or distinctive
|
identification is needed by the employee to carry out his or |
her
responsibilities.
|
The Board of Trustees may own, operate, or govern, by or |
through the
College of Medicine at Peoria, a managed care |
community network established
under subsection (b) of Section |
5-11 of the Illinois
Public Aid Code.
|
The powers of the trustees as herein designated are subject |
to the provisions
of "An Act creating a Board of Higher |
Education, defining its powers and
duties, making an |
appropriation therefor, and repealing an Act herein named",
|
approved August 22, 1961, as amended.
|
The Board of Trustees shall have the authority to adopt all |
administrative
rules which may be necessary for the effective |
administration, enforcement and
regulation of all matters for |
which the Board has jurisdiction or
responsibility.
|
(b) To assist in the provision of buildings and facilities |
beneficial to,
useful for, or supportive of University |
purposes, the Board of Trustees of the
University of Illinois |
may exercise the following powers with regard to the
area |
located on or adjacent to the University of Illinois at Chicago |
campus and
bounded as follows: on the West by Morgan Street; on |
|
the North by
Roosevelt Road; on the East by Union Street; and |
on
the South by 16th
Street, in the City of Chicago:
|
(1) Acquire any interests in land, buildings, or |
facilities by purchase,
including installments payable |
over a period allowed by law, by lease over a
term of such |
duration as the Board of Trustees shall determine, or by
|
exercise of the power of eminent domain;
|
(2) Sub-lease or contract to purchase through |
installments all or any
portion of buildings or facilities |
for such duration and on such terms as the
Board of |
Trustees shall determine, including a term that exceeds 5 |
years,
provided that each such lease or purchase contract |
shall be and shall recite
that it is subject to termination |
and cancellation in any year for which the
General Assembly |
fails to make an appropriation to pay the rent or purchase
|
installments payable under the terms of such lease or |
purchase contract; and
|
(3) Sell property without compliance with the State |
Property Control Act
and retain proceeds in the University |
Treasury in a special, separate
development fund account |
which the Auditor General shall examine to assure
|
compliance with this Act.
|
Any buildings or facilities to be developed on the land shall |
be buildings or
facilities that, in the determination of the |
Board of Trustees, in whole
or in part: (i) are for use by the |
University; or (ii) otherwise advance the
interests of the |
University, including, by way of example, residential
|
facilities for University staff and students and commercial |
facilities which
provide services needed by the University
|
community. Revenues from the development fund account may be |
withdrawn by
the University for the purpose of demolition and |
the processes associated with
demolition; routine land and |
property acquisition; extension of utilities;
streetscape |
work; landscape work; surface and structure parking; |
sidewalks,
recreational paths, and street construction; and |
lease and lease purchase
arrangements and the professional |
|
services associated with the planning and
development of the |
area. Moneys from the development fund account used for any
|
other purpose must be deposited into and appropriated from the |
General Revenue
Fund. Buildings or facilities leased to
an
|
entity
or person other than the University shall not be subject |
to any limitations
applicable to a State supported college or |
university under any law. All
development on the land and all |
use of any buildings or facilities shall be
subject to the |
control and approval of the Board of Trustees.
|
(Source: P.A. 92-370, eff. 8-15-01; 93-423, eff. 8-5-03.)
|
Section 95-10-310. The University of Illinois at Chicago |
Land Transfer Act is amended by changing Section 2 as follows:
|
(110 ILCS 325/2) (from Ch. 144, par. 70.2)
|
Sec. 2. If the property transferred under Section 1 is held |
by the
Chicago Park District, subject to or limited by any |
limitation or
restriction, The Board of Trustees of the |
University of Illinois, after its
acquisition, may remove such |
limitation or restriction through purchase,
agreement or |
condemnation. Condemnation proceedings shall be brought and
|
maintained by The Board of Trustees of the University of |
Illinois and shall
conform, as nearly as may be, with the |
procedure provided for the exercise
of the right of eminent |
domain under the Eminent Domain Act
Article VII of the Code of |
Civil Procedure, as the
same is now or may subsequently be |
amended .
|
(Source: P.A. 82-783.)
|
Section 95-10-315. The Electric Supplier Act is amended by |
changing Section 13 as follows:
|
(220 ILCS 30/13) (from Ch. 111 2/3, par. 413)
|
Sec. 13. An electric cooperative when it is found by the |
Commission that it
is necessary so to do may proceed to take or |
damage private property as
provided for the exercise of the |
|
right of eminent
domain under the Eminent Domain Act
Article |
VII of the Code of Civil Procedure, as heretofore
or hereafter |
amended . The
requirement of such finding by the Commission is |
not to be construed to
require authorization by the Commission |
of the facility for which the
authorization to use eminent |
domain is sought.
|
(Source: P.A. 82-783.)
|
Section 95-10-320. The State Housing Act is amended by |
changing Section 38 as follows:
|
(310 ILCS 5/38) (from Ch. 67 1/2, par. 188)
|
Sec. 38. The acquisition by eminent domain of real property |
or any interest
therein by a housing corporation shall be in |
the manner provided for the
exercise of the right of eminent
|
domain under the Eminent Domain Act
Article VII of the Code of |
Civil Procedure, as amended .
|
Such acquisition by eminent domain shall be limited to the |
interests,
rights or estates, the character of which is |
specified in the notice of
hearing under Section 26, and to the |
areas of projects authorized in
accordance with Section 26 of |
this Act; and it may be exercised only by the
housing |
corporation authorized to acquire and construct such project.
|
The power of eminent domain shall not be exercised by a |
housing
corporation except with specific authorization of such |
action by the
Illinois Housing Development Authority following |
the acquirement either by
purchase or by duly authenticated |
option to purchase by such corporation of
at least one-half of |
the net land area needed for such housing project.
|
Upon the filing of any petition of a housing corporation
in |
the exercise
of the power of eminent domain conferred by this |
Act, the court shall
require a bond, with sufficient surety, in |
such an amount as the court
shall determine, conditioned for |
the payment by the petitioner of all
costs, expenses and |
reasonable attorney's fees paid or incurred by the
defendant or |
defendants in case the petitioner shall dismiss its petition
|
|
before the entry of an order by the court authorizing the
|
petitioner to
enter upon and use the property or in case the |
petitioner
shall fail to
make payment of full compensation |
within the time named in such order.
|
(Source: P.A. 82-783.)
|
Section 95-10-325. The Housing Authorities Act is amended |
by changing Section 9 as follows:
|
(310 ILCS 10/9) (from Ch. 67 1/2, par. 9)
|
Sec. 9. Whenever it shall be deemed necessary by an |
Authority in
connection with the exercise of its powers herein |
conferred to take or
acquire the fee of any real property in |
the area of operation or any
interest therein or right with |
respect thereto, such Authority may
acquire the same directly |
or through its agent or agents from the owner
or owners thereof |
or may acquire the same by the exercise of eminent
domain in |
the manner provided by the Eminent Domain Act
Article VII of |
the Code of Civil Procedure,
as amended .
|
If any of such property is devoted to a public use it may
|
nevertheless be acquired, provided that no property belonging |
to a
government may be acquired without its consent and that no |
property
belonging to a corporation subject to the jurisdiction |
of the Illinois
Commerce Commission may be acquired without the |
approval of the Illinois
Commerce Commission.
|
The power of eminent domain shall apply not only to |
improved or
unimproved property which may be acquired for or as |
an incident to the
development or operation of a project or |
projects, but also to: (a) any
improved or unimproved property |
the acquisition of which is necessary or
appropriate for the |
rehabilitation or redevelopment of any blighted or
slum area, |
or (b) any improved or unimproved property which the
Authority |
may require to carry out the provisions of this Act. Such
power |
may be exercised by the Housing Authority on its own initiative |
or
as an agent of the city, village, incorporated town, county |
or counties,
or any government, or for the purpose of sale or |
|
lease to: (a) a housing
corporation operating under "An Act in |
relation to housing", approved
July 12, 1933, as amended; (b) |
neighborhood redevelopment corporations
operating under the |
"Neighborhood Redevelopment Corporation Law",
approved July 9, |
1941, as amended; (c) insurance companies operating
under |
Section 125a of the "Illinois Insurance Code", approved June |
29,
1937, as amended; (d) non-profit corporations organized for |
the purpose
of constructing, managing and operating housing |
projects and for the
improvement of housing conditions, |
including the rental or sale of
housing units to persons in |
need thereof; or to any other individual,
association or |
corporation desiring to engage in a development or
|
redevelopment project. No sale or lease shall be made hereunder |
to any
of the aforesaid corporations, associations or |
individuals
unless a plan
has been approved by the Authority |
and the Department for the development
or redevelopment of such
|
property and unless the purchaser or lessee furnishes the |
Authority a
bond, with satisfactory sureties, in an amount not |
less than 10% of the
cost of such development or redevelopment, |
conditioned on the completion
of such development or |
redevelopment in accordance with the approved
plan; provided |
that the requirement of the bond may be waived by the
|
Department if it is satisfied of the
financial ability of the |
purchaser or lessee to complete such
development or |
redevelopment in accordance with the approved plan. To
further |
assure that the real property so sold or leased shall be used |
in
accordance with the plan, the Department may
require the |
purchaser or lessee to execute in writing such undertakings
as |
the Department deems necessary to obligate such purchaser or |
lessee
(1) to use the property for the purposes presented in |
plans; (2) to
commence and complete the building of the |
improvements designated in the
plan within the periods of time |
that the Department fixes as reasonable;
and (3) to comply with |
such other
conditions as are necessary to carry out the purpose |
of this Act. Any
such property may be sold pursuant to this |
section for any legal
consideration in an amount to be approved |
|
by the Department.
|
If the area of operation of a housing authority includes a |
city,
village or incorporated town having a population in |
excess of 500,000 as
determined by the last preceding Federal |
census, no real property or
interest in real property shall be |
acquired in such municipality by the
housing authority until |
such time as the housing authority has advised
the governing |
body of such municipality of the description of the real
|
property, or interest therein, proposed to be acquired, and the
|
governing body of the municipality has approved the acquisition |
thereof
by the housing authority.
|
A "blighted or slum area" means any area of not less, in |
the
aggregate, than one acre, excepting that in any |
municipality having a
population in excess of 500,000, as |
determined by the last preceding
Federal census, a "blighted or |
slum area" means any area of not less in
the aggregate of2 |
acres which area, in either case, has been
designated by |
municipal ordinance or by the Authority as an integrated
|
project for rehabilitation, development or redevelopment, |
where (a)
buildings or improvements, by reason of dilapidation, |
obsolescence,
overcrowding, faulty arrangement or design, lack |
of ventilation, light
or sanitary facilities, excessive land |
coverage, deleterious land use or
layout or any combination of |
these factors, are a detriment to public
safety, health or |
morals, or welfare, or (b) there exists platted land
which is |
predominantly open and which, because of obsolete platting,
|
diversity of ownership, deterioration of structures or of site
|
improvements, or otherwise substantially impairs or arrests |
the sound
growth of the community and which is to be developed |
for predominantly
residential uses, or (c) there exists open |
unplatted land necessary for
sound community growth which is to |
be developed for predominantly
residential uses, or (d) parcels |
of land remain undeveloped because of
improper platting, |
delinquent taxes or special assessments, scattered or
|
uncertain ownerships, clouds on title, artificial values due to
|
excessive utility costs, or any other impediment to the use of |
|
such area
for predominantly residential uses; provided, that if |
in any city,
village or incorporated town there exists a land |
clearance commission,
created under the "Blighted Areas |
Redevelopment Act of 1947", having the
same area of operation |
as a housing authority created in and for any
such |
municipality, such housing authority shall have no power to |
acquire
land of the character described in sub-paragraphs (b), |
(c) or (d) of the
definition of "blighted or slum area", in |
this paragraph for the purpose
of development or redevelopment |
by private enterprise.
|
The Housing Authority shall have power to hold or use any |
such
property for uses authorized by this Act, or to sell, |
lease or exchange
such property as is not required for such |
uses by the Authority. In
case of sale or lease to other than a |
public corporation or public
agency, notice shall be given and |
bids shall be received in the manner
provided by Section |
11-76-2 of the Illinois Municipal Code, as amended,
and bids |
may be accepted by vote of three
of the five Commissioners of |
the Authority; provided, however,
that such requirement of |
notice and bidding shall not apply to a sale or
lease to any |
individual, association or corporation described in the
|
preceding paragraph; nor to a sale or lease of an individual |
dwelling
unit in a project, to be used by the purchaser as a |
dwelling for his
family; nor to a sale or lease of a project or |
part thereof to an
association to be so used by its members. In |
case of exchange of
property for property privately owned, |
three disinterested appraisers
shall be appointed to appraise |
the value of the property to be
exchanged, and such exchange |
shall not be made unless the property to be
received by the |
Authority is equal or greater in value than the property
to be |
exchanged therefor, or if less than such value, that the
|
difference shall be paid in money.
|
(Source: P.A. 83-333.)
|
Section 95-10-330. The Housing Development and |
Construction Act is amended by changing Section 5 as follows:
|
|
(310 ILCS 20/5) (from Ch. 67 1/2, par. 57)
|
Sec. 5. Any grants paid hereunder to a housing authority |
shall be
deposited in a separate fund and, subject to the |
approval of the
Department of Commerce and Economic Opportunity
|
Community Affairs , may be used for any or all of
the following |
purposes as the needs of the community may require: the
|
acquisition of land by purchase, gift or condemnation and the
|
improvement thereof, the purchase and installation of |
temporary housing
facilities, the construction of housing |
units for rent or sale to
veterans, the families of deceased |
servicemen, and for persons and
families who by reason of |
overcrowded housing conditions or displacement
by eviction, |
fires or other calamities, or slum clearance or other
private |
or public project involving relocation, are in urgent need of
|
safe and sanitary housing, the making of grants in connection |
with the
sale or lease of real property as provided in the |
following paragraph of
this section, and for any and all |
purposes authorized by the "Housing
Authorities Act," approved |
March 19, 1934, as amended, including
administrative expenses |
of the housing authorities in relation to the
aforesaid |
objectives, to the extent and for the purposes
authorized and
|
approved by the Department of Commerce and Economic Opportunity
|
Community Affairs . Each housing
authority is vested with power |
to exercise the right of eminent domain
for the purposes |
authorized by this Act. Condemnation proceedings
instituted by |
any such authority shall be in all respects in the manner
|
provided for the exercise of the right of
eminent domain under |
the Eminent Domain Act
Article VII of the Code of Civil |
Procedure, as amended .
|
In addition to the foregoing, and for the purpose of |
facilitating the
development and construction of housing, |
housing authorities may, with
the approval of the Department of |
Commerce and Economic Opportunity
Community Affairs , enter |
into
contracts and agreements for the sale or lease of real |
property acquired
by the Authority through the use of the grant |
|
hereunder, and may sell or
lease such property to (1) housing |
corporations operating under "An Act
in relation to housing," |
approved July 12, 1933, as amended; (2)
neighborhood |
redevelopment corporations operating under the
"Neighborhood |
Redevelopment Corporation Law," approved July 9, 1941; (3)
|
insurance companies operating under Article VIII of the |
Illinois
Insurance Code; (4) non-profit
corporations organized |
for the purpose of constructing, managing and
operating housing |
projects and the improvement of housing conditions,
including |
the sale or rental of housing units to persons in need
thereof; |
or (5) to any other individual, association or corporation,
|
including bona fide housing cooperatives, desiring to engage in |
a
development or redevelopment project. The term "corporation" |
as used in
this section, means a corporation organized under |
the laws of this or
any other state of the United States, or of |
any country, which may
legally make investments in this State |
of the character herein
prescribed, including foreign and alien |
insurance companies as defined
in Section 2 of the "Illinois |
Insurance Code." No sale or lease shall be
made hereunder to |
any of the aforesaid corporations,
associations or
individuals |
unless a plan approved by the Authority has been presented
by |
the purchaser or lessee for the development or redevelopment of |
such
property, together with a bond, with satisfactory |
sureties, of not less
than 10% of the cost of such development |
or redevelopment, conditioned
upon the completion of such |
development or redevelopment; provided that
the requirement of |
the bond may be waived by the Department of Commerce
and |
Economic Opportunity
Community Affairs if it is satisfied of |
the
financial ability of the
purchaser or lessee to complete |
such development or redevelopment in
accordance with the |
presented plan. To further assure that the real
property so |
sold or leased shall be used in accordance with the plan,
the |
Department of Commerce and Economic Opportunity
Community
|
Affairs may require the purchaser or
lessee to execute in |
writing such undertakings as the Department deems
necessary to |
obligate such purchaser or lessee (1) to use the property
for |
|
the purposes presented in the plan; (2) to commence and |
complete the
building of the improvements designated in the |
plan within the periods
of time that the Department of Commerce |
and Economic Opportunity
Community Affairs fixes as
|
reasonable, and (3) to comply with such other conditions as are
|
necessary to carry out the purposes of this Act. Any such |
property may
be sold pursuant to this section for any legal |
consideration in an
amount to be approved by the Department of |
Commerce and Economic Opportunity
Community Affairs .
Subject |
to the approval of the Department of Commerce and Economic |
Opportunity
Community Affairs ,
a housing authority may pay to |
any non-profit corporation of the
character described in this |
section from grants made available from
state funds, such sum |
of money which, when added to the value of the
land so sold or |
leased to such non-profit corporation and the value of
other |
assets of such non-profit corporation available for use in the
|
project, will enable such non-profit corporation to obtain |
Federal
Housing Administration insured construction mortgages. |
Any such
authority may also sell, transfer, convey or assign to |
any such
non-profit corporation any personal property, |
including building
materials and supplies, as it deems |
necessary to facilitate the
completion of the development or |
redevelopment by such non-profit
corporation.
|
If the area of operation of a housing authority includes a |
city,
village or incorporated town having a population in |
excess of 500,000,
as determined by the last preceding Federal |
Census, no real property or
interest in real property shall be |
acquired in such municipality by the
housing authority until |
such time as the housing authority has advised
the governing |
body of such municipality of the description of the real
|
property, or interest therein, proposed to be acquired, and the
|
governing body of the municipality has approved the acquisition |
thereof
by the housing authority.
|
(Source: P.A. 90-418, eff. 8-15-97; revised 12-1-04.)
|
Section 95-10-335. The House Relocation Act is amended by |
|
changing Section 2 as follows:
|
(310 ILCS 35/2) (from Ch. 67 1/2, par. 104)
|
Sec. 2. Where real property has been acquired for highway |
purposes by any
political subdivision or municipal corporation |
of the State and is improved
with a dwelling or dwellings which |
otherwise must be removed or demolished
in order to construct |
such highway, any such political subdivision or
municipal |
corporation may acquire other real property by purchase, gift,
|
legacy or pursuant to the provisions for the exercise
of the |
right of eminent domain under the Eminent Domain Act
Article |
VII of the Code of Civil Procedure,
approved August 19, 1981, |
as amended, for the purpose of providing a
site on which such
|
dwelling or dwellings may be relocated in order that it or they |
may
continue to be used for housing purposes and may cause any |
such dwelling to
be moved to such a site, provide it with a |
suitable foundation and restore
and rehabilitate the dwelling |
in its entirety.
|
(Source: P.A. 83-388.)
|
Section 95-10-340. The Blighted Areas Redevelopment Act of |
1947 is amended by changing Section 14 as follows:
|
(315 ILCS 5/14) (from Ch. 67 1/2, par. 76)
|
Sec. 14. Upon approval of the determination as provided in |
the preceding
Section the Land Clearance Commission may proceed |
to plan and undertake
a redevelopment project which includes |
conservation and rehabilitation as
previously defined in this |
Act and to acquire by gift, purchase or
condemnation the fee |
simple title to all real property lying within the
area |
included in the redevelopment project, including easements and
|
reversionary interests in the streets, alleys and other public |
places lying
within such area. If any such real property is |
subject to an easement the
Commission, in its discretion, may |
acquire the fee simple title to such
real property subject to |
such easement if it determines that such easement
will not |
|
interfere with the consummation of a redevelopment plan. If any
|
such real property is already devoted to a public use it may |
nevertheless
be acquired, provided that no property belonging |
to the United States of
America, the State of Illinois or any |
municipality may be acquired without
the consent of such |
governmental unit and that no property devoted to a
public use |
belonging to a corporation subject to the jurisdiction of the
|
Illinois Commerce Commission may be acquired without the |
approval of the
Illinois Commerce Commission. Each Land |
Clearance Commission is vested with
the power to exercise the |
right of eminent domain. Condemnation proceedings
instituted |
by Land Clearance Commissions shall be in all respects in the
|
manner provided for the exercise
of the right of eminent
domain |
under the Eminent Domain Act
Article VII of the Code of Civil |
Procedure, as heretofore
or hereafter amended .
|
(Source: P.A. 82-783.)
|
Section 95-10-345. The Urban Renewal Consolidation Act of |
1961 is amended by changing Sections 12 and 22 as follows:
|
(315 ILCS 30/12) (from Ch. 67 1/2, par. 91.112)
|
Sec. 12. Upon approval of the determination as provided in |
the
preceding Section, the Department, as agent for the |
municipality, may
proceed to acquire by gift, purchase or |
condemnation the fee simple
title to all real property lying |
within the area included in the
redevelopment project, |
including easements and reversionary interests in
the streets, |
alleys and other public places lying within such area. If
any |
such real property is subject to an easement the Department, in |
its
discretion, may acquire the fee simple title to such real |
property
subject to such easement if it determines that such |
easement will not
interfere with the consummation of a |
redevelopment plan. If any such
real property is already |
devoted to a public use it may nevertheless be
acquired, |
provided that no property belonging to the United States of
|
America, the State of Illinois or any municipality may be |
|
acquired
without the consent of such governmental unit and that |
no property
devoted to a public use belonging to a corporation |
subject to the
jurisdiction of the Illinois Commerce Commission |
may be acquired without
the approval of the Illinois Commerce |
Commission. Each Department, as
agent for the municipality, is |
hereby vested with the power to exercise
the right of eminent |
domain. Condemnation proceedings instituted
hereunder shall be |
brought by and in the name of the municipality and
shall be in |
all respects in the manner provided for the exercise of
the |
right of eminent domain under the Eminent Domain Act
Article |
VII of the Code of Civil Procedure, as heretofore
or hereafter |
amended .
|
Any determination to acquire a particular slum or blighted |
area, or
any other area which may constitute a redevelopment |
project, as herein
defined, heretofore made by a land clearance |
commission pursuant to the
"Blighted Areas Redevelopment Act of |
1947," approved July 2, 1947, as
amended, and heretofore |
approved by the State Housing Board and the
governing body of |
the municipality, shall be sufficient to authorize
acquisition |
by the Department, as agent for the municipality, of all or
any |
of the real property included in such area.
|
(Source: P.A. 82-783.)
|
(315 ILCS 30/22) (from Ch. 67 1/2, par. 91.122)
|
Sec. 22. The Department of a municipality shall have the |
power to acquire
by purchase, condemnation or otherwise any |
improved or unimproved real
property the acquisition of which |
is necessary or appropriate for the
implementation of a |
conservation plan for a conservation area as defined
herein; to |
remove or demolish substandard or other buildings and |
structures
from the property so acquired; to hold, improve, |
mortgage and manage such
properties; and to sell, lease, or |
exchange such properties,
provided that
contracts for repair, |
improvement or rehabilitation of existing
improvements as may |
be required by the conservation plan to be done by the
|
Department involving in excess of $1,000.00 shall be let by |
|
free and
competitive bidding to the lowest responsible bidder |
upon such bond and
subject to such regulations as may be set by |
the Department, and provided
further that all new construction |
for occupancy and use other than by any
municipal corporation |
or subdivision thereof shall be on land privately
owned. The |
acquisition, use or disposition of any real property in
|
pursuance of this section must conform to a conservation plan |
developed in
the manner hereinafter set forth. In case of the |
sale or lease of any real
property acquired under the |
provisions of this Act such buyer or lessee
must as a condition |
of sale or lease, agree to improve and use such
property |
according to the conservation plan, and such agreement may be |
made
a covenant running with the land and on order of the |
governing body such
agreement shall be made a covenant running |
with the land. The Department
shall by public notice by |
publication once each week for 2 consecutive
weeks in a |
newspaper having general circulation in the municipality prior
|
to the execution of any contract to sell, lease or otherwise |
transfer real
property and prior to the delivery of any |
instrument of conveyance with
respect thereto, invite |
proposals from and make available all pertinent
information to |
redevelopers or any person interested in undertaking to
|
redevelop or rehabilitate a conservation area, or any part |
thereof,
provided that, in municipalities in which no newspaper |
is published,
publication may be made by posting a notice in 3 |
prominent places within
the municipality. Such notice shall |
contain a description of the
conservation area, the details of |
the conservation plan relating to the
property which the |
purchaser shall undertake in writing to carry out and
such |
undertakings as the Department may deem necessary to obligate |
the
purchaser, his successors and assigns (1) to use the |
property for the
purposes designated in the conservation plan, |
(2) to commence and complete
the improvement, repair, |
rehabilitation, or construction of the
improvements within the |
periods of time which the Department fixes as
reasonable and |
(3) to comply with such other conditions as are necessary to
|
|
carry out the purposes of the Act. The Department may negotiate |
with any
persons for proposals for the purchase, lease or other |
transfer of any real
property acquired pursuant to this Act and |
shall consider all redevelopment
and rehabilitation proposals |
submitted to it and the financial and legal
ability of the |
persons making such proposals to carry them out. The
|
Department, as agent for the municipality, at a public meeting, |
notice of
which shall have been published in a newspaper of |
general circulation
within the municipality at least 15 but not |
more than 30 days prior to such
meeting, may accept such |
proposals as it deems to be in the public interest
and in |
furtherance of the purposes of this Act; provided that, all |
sales or
leases of real property shall be made at not less than |
fair use value.
|
Condemnation proceedings instituted hereunder shall be |
brought by and in
the name of the municipality and shall be in |
all respects in the manner
provided for the exercise of the |
right of
eminent domain under the Eminent Domain Act
Article |
VII of the Code of Civil Procedure, as
heretofore or hereafter
|
amended .
|
No property shall be held for more than 5 years, after |
which period such
property shall be sold to the highest bidder |
at public sale. The Department
may employ competent private |
real estate management firms to manage such
properties as may |
be acquired, or the Department may manage such
properties.
|
(Source: P.A. 82-783.)
|
Section 95-10-350. The Radioactive Waste Storage Act is |
amended by changing Section 1 as follows:
|
(420 ILCS 35/1) (from Ch. 111 1/2, par. 230.1)
|
Sec. 1. The Director of Nuclear Safety is authorized to |
acquire by
private purchase, acceptance, or by condemnation in |
the manner provided
for the exercise of the power of eminent |
domain under the Eminent Domain Act
Article VII of the Code of |
Civil Procedure , any and all lands, buildings and grounds where |
|
radioactive
by-products and wastes produced by industrial, |
medical, agricultural,
scientific or other organizations can |
be concentrated, stored or
otherwise disposed in a manner |
consistent with the public health and
safety.
Whenever, in the |
judgment of the Director of Nuclear Safety, it is
necessary to |
relocate existing facilities for the construction, operation,
|
closure or long-term care of a facility for the safe and secure |
disposal of
low-level radioactive waste, the cost of relocating |
such existing
facilities may be deemed a part of the disposal |
facility land acquisition
and the Department of Nuclear Safety |
may, on behalf of the State, pay such
costs. Existing |
facilities include public utilities, commercial or
industrial |
facilities, residential buildings, and such other public or
|
privately owned buildings as the Director of Nuclear Safety |
deems necessary
for relocation. The Department of Nuclear |
Safety is authorized to operate
a relocation program, and to |
pay such costs of relocation as are provided
in the federal |
"Uniform Relocation Assistance and Real Property Acquisition
|
Policies Act", Public Law 91-646. The Director of Nuclear |
Safety is
authorized to exceed the maximum payments provided |
pursuant to the federal
"Uniform Relocation Assistance and Real |
Property Acquisition Policies Act"
if necessary to assure the |
provision of decent, safe, and sanitary housing,
or to secure a |
suitable alternate location. Payments issued under this
|
Section shall be made from the Low-level Radioactive Waste |
Facility
Development and Operation Fund established by the |
Illinois Low-Level
Radioactive Waste Management Act.
|
(Source: P.A. 85-1407.)
|
Section 95-10-355. The Illinois Highway Code is amended by |
changing Sections 6-309, 10-302, 10-602, and 10-702 as follows:
|
(605 ILCS 5/6-309) (from Ch. 121, par. 6-309)
|
Sec. 6-309. The damages sustained by the owner or owners of |
land by reason
of the laying out, widening, alteration or |
vacation of a township or
district road, may be agreed upon by |
|
the owners of such lands, if competent
to contract, and the |
highway commissioner or county superintendent, as the
case may |
be. Such damages may also be released by such owners, and in |
such
case the agreement or release shall be in writing, the |
same shall be filed
and recorded with the copy of the order |
laying out, widening, altering or
vacating such road in the |
office of the district clerk, and shall be a
perpetual bar |
against such owners, their grantees and assigns for all
further |
claims for such damages.
|
In case the highway commissioner or the county |
superintendent, as the
case may be, acting for the road |
district, is unable to agree with the
owner or owners of the |
land necessary for the laying out, widening or
alteration of |
such road on the compensation to be paid, the highway
|
commissioner, or the county superintendent of highways, as the |
case may be,
may in the name of the road district, enter |
condemnation proceedings to
procure such land, in the same |
manner as near as may be, as provided for
the exercise of the |
right of eminent domain under
the Eminent Domain Act
Article |
VII of the Code of Civil Procedure,
as heretofore or hereafter |
amended .
|
(Source: P.A. 82-783.)
|
(605 ILCS 5/10-302) (from Ch. 121, par. 10-302)
|
Sec. 10-302. Every county which, by ordinance, determines |
to exercise the
powers granted by this Division of this Article |
has the right to acquire by
purchase or otherwise, to |
construct, repair, maintain and operate any such
bridge and its |
approaches across, above or under any railroad or public
|
utility right-of-way, and in, upon, under or above any public |
or private
road, highway, street, alley or public ground, or |
upon any property owned
by any municipality, political |
subdivision or agency of this State, and for
the purpose of |
acquiring property or easements necessary or incidental in
the |
construction, repair, maintenance or operation of any such |
bridge and
the approaches thereto, any such county shall have |
|
the right of eminent
domain as provided by the Eminent Domain |
Act
Article VII of the Code of Civil Procedure, as
heretofore |
or hereafter
amended . The county board of each such county has |
power to make, enact
and enforce all needful rules and |
regulations in connection with the
acquisition, construction, |
maintenance, operation, management, care or
protection of any |
such bridge, and such county board shall establish rates
of |
toll or charges for the use of each such bridge which shall be
|
sufficient at all times to pay the cost of maintenance and |
operation of
such bridge and its approaches, and the principal |
of and interest on all
bonds issued and all other obligations |
incurred by such county under the
provisions of this Division |
of this Article. Rules and regulations shall be
established |
from time to time by ordinance.
|
Rates of toll or charges for the use of each such bridge |
shall be
established, revised, maintained, be payable and be |
enforced,
including by administrative adjudication as provided |
in Section 10-302.5,
as the county board of each such county |
may determine by ordinance.
|
(Source: P.A. 89-120, eff. 7-7-95.)
|
(605 ILCS 5/10-602) (from Ch. 121, par. 10-602)
|
Sec. 10-602. Every municipality has the power:
|
(1) To construct, or acquire by purchase, lease, gift, or |
condemnation
in the manner provided for the exercise
of the |
right of eminent domain under the Eminent Domain Act
Article |
VII of the Code of Civil Procedure, as heretofore or hereafter |
amended ,
ferries and
bridges, the necessary land therefor, and |
the approaches thereto, whenever
the ferry, bridge, land, or |
approaches are within the corporate limits, or
within 5 miles |
of the corporate limits of the municipality, and also to
|
maintain the specified property;
|
(2) To construct and maintain highways within 5 miles of |
the corporate
limits of the municipality connecting with either |
end of such a bridge or
ferry;
|
(3) To construct or acquire by purchase, lease, gift, or |
|
condemnation
in the manner provided for the exercise
of the |
right of eminent domain under the Eminent Domain Act
Article |
VII of the Code of Civil Procedure, as heretofore or hereafter |
amended ,
ferries and
bridges, the necessary land therefor, and |
the approaches thereto, within 5
miles of the corporate limits |
of the municipality, over any river forming a
boundary of the |
State of Illinois, and also to maintain the specified
property;
|
(4) To donate money to aid the road districts in which is |
situated any
ferry, bridge, or highway connecting therewith, |
specified in this section,
in constructing, or improving the |
same, and to issue the bonds of the
municipality for that |
purpose.
|
All such ferries, bridges, and highways shall be free to |
the public and
no toll shall ever be collected by the |
municipality except that:
|
(1) Tolls may be collected for transit over and use of |
bridges defined
in Section 10-801, as provided for in Sections |
10-802 and 10-805.
|
(2) Any municipality which, within the provisions of this |
section, bears
the principal expense and becomes indebted for |
any ferry, bridge, or the
approach thereto, over any river |
forming a boundary of the State of
Illinois, may collect a |
reasonable toll, for the use thereof, to be set
apart and |
appropriated to the payment of that indebtedness, the interest
|
thereon, and the expense of maintenance of that bridge, ferry, |
and approach
thereto, but for no other purpose;
|
(3) Where any municipality is the owner of any toll bridges |
or ferries
which it is keeping up and maintaining by authority |
of law, all ownership
and rights vested in the municipality |
shall continue and be held and
exercised by it, and the |
municipality from time to time may fix the rates
of toll on |
those bridges and ferries; and
|
(4) In all cases where, after July 1, 1881, a bridge has |
been
constructed, or a ferry has been acquired across a |
navigable stream, by any
municipality in whole or in part, and |
where the population of the
municipality furnishing the |
|
principal part of the expense thereof did not
exceed 5,000, and |
where it is necessary to maintain a draw and lights, and
where |
a debt was incurred by the municipality for these purposes, a
|
reasonable toll may be collected by the municipality |
contracting the
indebtedness. This toll shall be set apart and |
appropriated to the payment
of that indebtedness, the interest |
thereon, and the expense of keeping the
bridge in repair and of |
maintaining, opening, and closing the draws and
lights, or, in |
case of a ferry, keeping the approaches and boat in repair
and |
for operating the ferry.
|
(Source: P.A. 82-783.)
|
(605 ILCS 5/10-702) (from Ch. 121, par. 10-702)
|
Sec. 10-702. Every municipality has the power:
|
(1) To acquire, by purchase or otherwise, construct, |
operate and
maintain, and repair any bridge within the |
corporate limits, or within 5
miles of the corporate limits of |
the municipality, including the necessary
land therefor and the |
approaches thereto. In the exercise of the authority
herein |
granted, the municipality may acquire such property, or any |
portion
thereof or interest therein through condemnation |
proceedings for the exercise
of the right of eminent domain |
under the Eminent Domain Act
Article VII of the Code of Civil |
Procedure, as heretofore
or hereafter amended .
|
(2) To acquire, purchase, hold, use, lease, mortgage, sell, |
transfer,
and dispose of any property, real, personal, mixed, |
tangible or intangible,
or any interest therein in connection |
with such a bridge or bridges;
|
(3) To fix, alter, charge, collect, segregate, and apply |
tolls and other
charges for transit over and use of such a |
bridge or bridges;
|
(4) To borrow money, make and issue bonds payable from and |
secured by a
pledge of net revenue of the bridge for the |
construction of which such
bonds may be issued;
|
(5) To make contracts of every kind and nature and to |
execute all
instruments necessary or convenient for the |
|
carrying out of the purposes of
this Division of this Article;
|
(6) To accept grants from the United States and to enter |
into contracts
with the United States in connection therewith;
|
(7) To enter upon any lands, areas, and premises for the |
purpose of
making soundings, surveys and examinations;
|
(8) To do all things necessary to carry out the powers |
given in this
Division of this Article.
|
(Source: P.A. 82-783.)
|
Section 95-10-360. The Toll Highway Act is amended by |
changing Section 9.5 as follows:
|
(605 ILCS 10/9.5)
|
Sec. 9.5. Acquisition by purchase or by condemnation. The
|
Authority is authorized to acquire by purchase or by |
condemnation, in
the manner provided for the exercise of the |
power of eminent domain
under the Eminent Domain Act
Article |
VII of the Code of Civil Procedure , any and all lands,
|
buildings, and grounds necessary or convenient for its |
authorized
purpose. The Authority shall comply with the federal |
Uniform
Relocation Assistance and Real Property Acquisition |
Policies Act,
Public Law 91-646, as amended, and the |
implementing regulations in 49
CFR Part 24
and is authorized to
|
operate a relocation program and to pay relocation costs.
If |
there is a conflict between the provisions of this amendatory |
Act of
1998
and the provisions of the federal law or |
regulations, however, the provisions
of this amendatory Act of |
1998 shall control.
The
Authority is authorized to exceed the |
maximum payment limits of the
federal Uniform Relocation |
Assistance and Real Property Acquisition
Policies Act when |
necessary to ensure the provision of decent, safe, or
sanitary |
housing, or to secure a suitable relocation site.
The Authority |
may not adopt rules to implement the federal law or
regulations |
referenced in this Section unless those rules have received the
|
prior approval of the Joint Committee on Administrative Rules.
|
(Source: P.A. 90-681, eff. 7-31-98.)
|
|
Section 95-10-365. The Rivers, Lakes, and Streams Act is |
amended by changing Section 19 as follows:
|
(615 ILCS 5/19) (from Ch. 19, par. 66)
|
Sec. 19. It shall be the duty of the Department of Natural |
Resources to from
time to time prepare and devise schemes, |
plans, ways and means for the
reservation or acquisition by the |
State of desirable tracts of land in
connection with the public |
waters of the State of Illinois, to the end that
public |
reservations or preserves may be made along said public bodies |
of
water for the use of all of the people of the State of |
Illinois, for
pleasure, recreation and sport, and as such |
reservations or preserves may
be made or acquired from time to |
time, the same shall be under the
jurisdiction of the |
Department of Natural Resources.
The Department of Natural |
Resources is authorized, with
the consent in writing of the |
Governor, to acquire by private purchase or by
condemnation in |
the manner
provided for the exercise of the right of eminent |
domain under the Eminent Domain Act
Article VII of the Code of |
Civil Procedure, any and all lands sought to carry out
the |
provisions of this Section.
|
(Source: P.A. 89-445, eff. 2-7-96.)
|
Section 95-10-370. The Illinois Aeronautics Act is amended |
by changing Section 74 as follows:
|
(620 ILCS 5/74) (from Ch. 15 1/2, par. 22.74)
|
Sec. 74. Condemnation. In exercising its powers and |
performing its functions under the laws of
this State |
pertaining to aeronautics, when it is necessary for the use and
|
benefit of the public, pursuant to such laws, that private |
property be
taken or damaged or entry be made on private |
property, for the purpose of
constructing and installing any |
airport, restricted landing area or other
air navigation |
facility, including buildings, structures and other
|
|
improvements in connection therewith, the Department in the |
name of the
State, within the limitations of available |
appropriations, shall have the
right to purchase the necessary |
land, rights in land, or easements,
including avigation |
easements, from the owner thereof and purchase from the
owner |
the right of entry, or if compensation therefor cannot be |
agreed upon
between the Department and the owner, to have just |
compensation ascertained
and to acquire and pay for such |
property, land, easement or right of entry,
in the manner |
provided for the exercise of the
right of eminent domain under |
the Eminent Domain Act
Article VII of the Code of Civil |
Procedure,
as amended . When the
Department, in the name of the |
State, files a petition to condemn any
private property, rights |
in land, or easement, as herein provided, the
Department may |
enter upon the land and premises, and the buildings or
|
structures located thereon, notwithstanding that the damage or |
compensation
in connection with such condemnation has not |
theretofore been determined
and paid.
|
(Source: P.A. 82-783.)
|
Section 95-10-375. The General County Airport and Landing |
Field Act is amended by changing Section 3 as follows:
|
(620 ILCS 40/3) (from Ch. 15 1/2, par. 71)
|
Sec. 3. In all cases where property or rights are acquired |
or sought to be
acquired by condemnation, the procedure shall |
be, as nearly as may be, like
that provided for the exercise of |
the right of
eminent domain under the Eminent Domain Act
|
Article VII of the Code of Civil Procedure, as amended .
|
(Source: P.A. 82-783.)
|
Section 95-10-380. The County Airport Law of 1943 is |
amended by changing Section 7 as follows:
|
(620 ILCS 45/7) (from Ch. 15 1/2, par. 90)
|
Sec. 7. In all cases where property or property rights are |
|
acquired or
sought to be acquired by the Board of Directors by |
condemnation, the
procedure shall be in the name of the county |
in which such airport is
located and the procedure shall be as |
nearly as may be in accordance with
that provided for the |
exercise of the right of
eminent domain under the Eminent |
Domain Act
Article VII of the Code of Civil Procedure, as |
amended .
The Board of
Directors shall adopt a resolution |
setting forth the necessity for such
condemnation, the |
description of the land required and the purposes
therefor, |
stating the facts pertaining to the negotiations by the Board |
of
Directors and the owner or owners of such land or air rights |
above such
land, and the fact that the directors and the owner |
or owners thereof
cannot agree upon the price therefor, or that |
the title thereto, or the air
rights thereon cannot be obtained |
except by condemnation for the reason of
the legal disability |
of the owner or owners thereof
or persons interested
therein as |
the case may be, and cause a proper authenticated copy of the
|
resolution to be filed with the county board of the county in |
which such
airport is situated. The county board shall then |
examine the resolution and
upon determining that the |
acquisition of the land or air rights are for the
best |
interests of the airport and the public generally, may |
authorize the
condemnation in the same manner as the county may |
do for general purposes
of the county; provided, that all costs |
expenses and awards in condemnation
shall be paid from the |
Airport fund.
|
(Source: P.A. 83-706.)
|
Section 95-10-385. The County Airports Act is amended by |
changing Section 31 as follows:
|
(620 ILCS 50/31) (from Ch. 15 1/2, par. 135)
|
Sec. 31. To exercise the right of eminent domain in the |
following manner: If any plans and surveys provided for in this |
Act have been approved by
the Department, and the resolution |
presented to the county board adopted as
in this Act provided, |
|
require that private property be taken or damaged,
the County |
Airport Commission in the name of the county shall have the
|
right to purchase the necessary land from the owner thereof, or |
if
compensation therefor cannot be agreed upon, to have such |
just compensation
ascertained and to acquire and pay for such |
property in the same manner as
near as may be, as provided for |
in the Eminent Domain Act
"An Act to provide for the exercise |
of
right of eminent domain" approved April 10, 1872, as |
amended ; provided,
that the commission shall not be required, |
in any case, to furnish a bond.
|
(Source: Laws 1945, p. 594.)
|
Section 95-10-390. The O'Hare Modernization Act is amended |
by changing Section 15 as follows:
|
(620 ILCS 65/15)
|
Sec. 15. Acquisition of property. In addition to any other |
powers the
City
may have, and notwithstanding any other law to |
the contrary, the City may
acquire by
gift, grant, lease, |
purchase, condemnation (including condemnation by quick
take |
under
Article 20 of the Eminent Domain Act
Section 7-103.149 of |
the Code of Civil Procedure ), or otherwise any right,
title,
or
|
interest in
any private property, property held in the name of |
or belonging to any public
body or unit
of government, or any |
property devoted to a public use, or any other rights or
|
easements,
including any property, rights, or easements owned |
by the State, units of local
government, or school districts, |
including forest preserve districts, for
purposes related
to |
the O'Hare
Modernization Program. The powers given to the City |
under this Section include
the
power to acquire, by |
condemnation or otherwise, any property used for cemetery
|
purposes within or outside of the City, and to require that the |
cemetery be
removed to a
different location. The powers given |
to the City under this Section include the
power to
condemn or |
otherwise acquire (other than by condemnation by quick take |
under
Article 20 of the Eminent Domain Act
Section 7-103 of the |
|
Code of Civil Procedure ), and to convey, substitute
property |
when the City
reasonably determines that monetary compensation |
will not be sufficient or
practical just
compensation for |
property acquired by the City in connection with the
O'Hare
|
Modernization Program. The acquisition of substitute property |
is declared to be
for
public use. Property acquired under this |
Section includes property that the
City
reasonably determines |
will be necessary for future use, regardless of whether
final
|
regulatory or funding decisions have been made; provided, |
however, that
quick-take of such property is subject to Section |
25-7-103.149 of the Eminent Domain Act
Section 7-103.149 of the |
Code of
Civil Procedure .
|
(Source: P.A. 93-450, eff. 8-6-03.)
|
Section 95-10-395. The Illinois Vehicle Code is amended by |
changing Section 18c-7501 as follows:
|
(625 ILCS 5/18c-7501) (from Ch. 95 1/2, par. 18c-7501)
|
Sec. 18c-7501. Eminent Domain. If any rail carrier shall be |
unable to agree with the owner for
the purchase of any real |
estate required for the purposes of its
incorporation, or the |
transaction of its business, or for its
depots, station |
buildings, machine and repair shops, or for right
of way or any |
other lawful purpose connected with or necessary to
the |
building, operating or running of such rail carrier, such may
|
acquire such title in the manner that may be now or hereafter
|
provided for by the law of eminent domain.
|
A rail carrier may exercise quick take powers of eminent |
domain as provided
in Article 20 of the Eminent Domain Act
|
Article VII of the Code of Civil Procedure, as now or hereafter |
amended ,
when all of the following conditions are met: (1) the |
complaint for
condemnation is filed within one year of the |
effective date of this
amendatory Act of 1988; (2) the purpose |
of the condemnation proceeding is
to acquire land for the |
construction of an industrial harbor railroad port;
and (3) the |
total amount of land to be acquired for that purpose is less
|
|
than 75 acres and is adjacent to the Illinois River.
|
(Source: P.A. 85-1159.)
|
Section 95-10-400. The Coast and Geodetic Survey Act is |
amended by changing Section 2 as follows:
|
(765 ILCS 230/2) (from Ch. 1, par. 3502)
|
Sec. 2. If the parties interested cannot agree upon the |
amount to be
paid for damages caused thereby, the United States |
of America may
proceed to condemn said land as provided for the
|
exercise of the right of eminent domain under the Eminent |
Domain Act
Article VII of the Code of Civil Procedure .
|
(Source: P.A. 82-783.)
|
Section 95-10-405. The Joint Tenancy Act is amended by |
changing Section 2 as follows:
|
(765 ILCS 1005/2) (from Ch. 76, par. 2)
|
Sec. 2. Except as to executors and trustees, and except |
also where
by will or other instrument in writing expressing an |
intention to create
a joint tenancy in personal property with |
the right of survivorship, the
right or incident of |
survivorship as between joint tenants or owners of
personal |
property is hereby abolished, and all such joint tenancies or
|
ownerships shall, to all intents and purposes, be deemed |
tenancies in
common. However, the foregoing shall not be deemed
|
to impair or affect the rights, privileges and immunities set |
forth
in the following paragraphs (a), (b), (c), (d) and (e):
|
(a) When a deposit in any bank or trust company |
transacting business
in this State has been made or shall |
hereafter be made in the names of
2 or more persons payable |
to them when the account is opened or
thereafter, the |
deposit or any part thereof or any interest or
dividend |
thereon may be paid to any one of those persons
whether the |
other or others be living or not, and when an agreement
|
permitting such payment is signed by all those persons at |
|
the
time the account is opened or thereafter the receipt or |
acquittance of the
person so paid shall be valid and |
sufficient discharge from all parties to
the bank for any |
payments so made.
|
(b) When shares of stock, bonds or other evidences of |
indebtedness or of
interest are or have been issued or |
registered by any corporation,
association or other entity |
in the names of 2 or more persons
as joint tenants with the |
right of survivorship, the
corporation, association or |
other entity and their respective transfer
agents may, upon |
the death of any one of the registered
owners, transfer |
those shares of stock, bonds, or other
evidences of |
indebtedness or of interest to or upon the order of the
|
survivor or survivors of the registered owners, without
|
inquiry into the existence, validity or effect of any will |
or
other instrument in writing or the right of the survivor |
or
survivors to receive the property, and without liability |
to any other
person who might claim an interest in or a |
right to receive
all or a portion of the property so |
transferred.
|
(c) When shares of stock, bonds, or other evidences of |
indebtedness
or of interest are or have been issued in the |
joint names of 2
or more persons or their survivors by |
corporations, including state
chartered savings and loan |
associations, federal savings and loan
associations, and |
state and federal credit unions, authorized to do
business |
in this State, all payments on account thereof made then or
|
thereafter, redemption, repurchase or withdrawal value or |
price,
accumulations thereon, credits to, profits, |
dividends, or other rights
thereon or accruing thereto may |
be paid or delivered in whole or in part
to any of those |
persons whether the other person or persons be
living or |
not, and when an agreement permitting such payment or |
delivery is
signed by all those persons at the time when |
the shares of
stock, bonds or evidences of indebtedness or |
of interest were issued or
thereafter, the payment or |
|
delivery to any such person, or a receipt or
acquittance |
signed by any such person, to whom any such payment or any |
such
delivery of rights is made, shall be a valid and |
sufficient release and
discharge of any such corporation |
for the payment or delivery so made.
|
(d) When the title to real property is held in joint |
tenancy by 2
or more persons or in tenancy by the entirety, |
and payment of
compensation is made to any county treasurer |
for the taking or damaging of
that real property in the |
manner provided for the exercise of
the right of eminent |
domain under the Eminent Domain Act
Article VII of the Code |
of Civil Procedure , or pursuant to any Act
of the General |
Assembly now or hereafter enacted for the exercise of the
|
sovereign power of eminent domain, the right of |
survivorship to the title
in and to that real property |
shall be transferred to the money
so paid to and in the |
hands of the county treasurer. However, upon
application to |
the county treasurer
holding the money by any joint tenant |
for his
proportionate share thereof, or by any tenant by |
the entirety for
a one-half share thereof, he shall receive |
the same from the
county treasurer without the consent or |
approval of any other joint tenant,
and the person making |
the application shall have no
survivorship rights in the |
balance remaining in the hands of the county
treasurer |
after deducting therefrom his
proportionate share.
|
(e) When the property owned in joint tenancy is a motor |
vehicle
which is the subject of a title issued by the |
Secretary of State, the
owners shown on the certificate of |
title shall enjoy the benefits of
right of survivorship |
unless they elect otherwise. A certificate of
title which |
shows more than one name as owner shall give rise to a
|
presumption of ownership in joint tenancy with right of |
survivorship.
|
Furthermore, any non-transferable United
States Savings |
Bond, debenture, note or other obligation of the United
States |
of America therein named shall, upon the death of the |
|
designated
person, if the bond or other obligation is now or |
hereafter
issued made payable to a designated person and upon |
his death to another
person then outstanding, become the |
property of and be payable to the other
person therein named. |
If any such non-transferable bond, debenture, note
or other |
obligation of the United States of America be made payable to
2 |
persons, in the alternative, the bond or other
obligation |
shall, upon the death of either person, if the bond
or other |
obligation is then outstanding, become the property of and be
|
payable to the survivor of them.
|
(Source: P.A. 86-966; 86-1475.)
|
Section 95-10-410. The Gas Company Property Act is amended |
by changing Section 7 as follows:
|
(805 ILCS 30/7) (from Ch. 32, par. 405)
|
Sec. 7. If any stockholder of any of the companies, parties |
to the
agreement or agreements provided for in section 4, not |
voting in favor of
or not acquiescing in such agreement or |
agreements, objects to the purchase
or lease, or the |
consolidation and merger, as defined in said agreement or
|
agreements, he shall give notice of his dissent within thirty |
days of such
meeting and may demand payment for his stock, and |
shall thereupon receive
from such corporation in which he shall |
hold stock, its fair cash value, at
the time when the vote for |
the agreement or agreements was so cast, and
such corporation |
shall cancel the same. But if such dissenting stockholder
shall |
refuse to part with his stock, or if the value of the same |
cannot be
agreed upon, then such corporation shall, within |
ninety days of the
time of said meeting, proceed to take and |
acquire the same and the
interest of said
dissenting |
stockholder therein, by the exercise of the power and right of
|
eminent domain, hereby granted to such corporation for that |
purpose, and
paying to, or tendering to, such dissenting |
stockholder, or to the county
treasurer for his use, the value |
of the stock by him held, such value to be
ascertained as of |