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90_SB1511
735 ILCS 5/7-119 from Ch. 110, par. 7-119
Amends the Code of Civil Procedure regarding
admissibility of evidence in eminent domain cases. Provides
that, if a court makes a determination that actual sales of
property have been completed which constitute "comparable
sales", then offers to purchase either the subject property
or a comparable property are inadmissible in evidence.
Effective immediately.
LRB9009434SMdv
LRB9009434SMdv
1 AN ACT to amend the Code of Civil Procedure by changing
2 Section 7-119.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Civil Procedure is amended by
6 changing Section 7-119 as follows:
7 (735 ILCS 5/7-119) (from Ch. 110, par. 7-119)
8 Sec. 7-119. Admissibility of evidence. Evidence is
9 admissible as to (1) any benefit to the landowner that will
10 result from the public improvement for which the eminent
11 domain proceedings were instituted; (2) any unsafe,
12 unsanitary, substandard or other illegal condition, use or
13 occupancy of the property, including any violation of any
14 environmental law or regulation; (3) the effect of such
15 condition on income from or the fair market value of the
16 property; and (4) the reasonable cost of causing the property
17 to be placed in a legal condition, use or occupancy,
18 including compliance with environmental laws and regulations.
19 Such evidence is admissible notwithstanding the absence of
20 any official action taken to require the correction or
21 abatement of such illegal condition, use or occupancy.
22 If the court makes a determination that actual sales of
23 property have been completed which constitute "comparable
24 sales", then offers to purchase either the subject property
25 or a comparable property are inadmissible in evidence.
26 (Source: P.A. 90-393, eff. 1-1-98.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.
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