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91_SB0026eng
SB26 Engrossed LRB9101069SMtm
1 AN ACT regarding property, which may be referred to as
2 the Property Owners Protection Amendments of 1999.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Downstate Forest Preserve District Act is
6 amended by changing Section 6 as follows:
7 (70 ILCS 805/6) (from Ch. 96 1/2, par. 6309)
8 Sec. 6. Any such District shall have power to acquire
9 lands and grounds for the aforesaid purposes by lease, or in
10 fee simple by gift, grant, legacy, purchase or condemnation,
11 or to acquire easements in land, and to construct, lay out,
12 improve and maintain wells, power plants, comfort stations,
13 shelter houses, paths, driveways, public roads, roadways and
14 other improvements and facilities in and through such forest
15 preserves as they shall deem necessary or desirable for the
16 use of such forest preserves by the public and may acquire,
17 develop, improve and maintain waterways in conjunction with
18 the district. No district with a population less than 600,000
19 an existing park or forest
25 preserve, and no municipality shall annex any land for the
26 purpose of defeating a District acquisition once the District
27 has given notice of intent to acquire a specified parcel of
28 land. No district with a population of less than 500,000
29 shall (i) have the power to condemn property for a linear
30 park or trail within a municipality without the concurrence
31 of the governing body of the municipality or (ii) have the
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1 power to condemn property for a linear park or trail in an
2 unincorporated area without the concurrence of the governing
3 body of the township within which the property is located or
4 (iii) once having commenced a proceeding to acquire land by
5 condemnation, dismiss or abandon that proceeding without the
6 consent of the property owners. No district shall establish a
7 trail surface within 50 feet of an occupied dwelling which
8 was in existence prior to the approval of the acquisition by
9 the district without obtaining permission of the owners of
10 the premises or the concurrence of the governing body of the
11 municipality or township within which the property is
12 located. All acquisitions of land by a district with a
13 population less than 600,000 within 1 1/2 miles of a
14 municipality shall be preceded by a conference with the mayor
15 or president of the municipality or his designated agent. If
16 a forest preserve district is in negotiations for acquisition
17 of land with owners of land adjacent to a municipality, the
18 annexation of that land shall be deferred for 6 months. The
19 district shall have no power to acquire an interest in real
20 estate situated outside the district by the exercise of the
21 right of eminent domain, by purchase or by lease, but shall
22 have the power to acquire any such property, or an easement
23 in any such property, which is contiguous to the district by
24 gift, legacy, or grant, subject to approval of the county
25 board of the county, and of any forest preserve district or
26 conservation district, within which the property is located.
27 The district shall have the same control of and power over
28 land, an interest in which it has so acquired, as over forest
29 preserves within the district. If any of the powers to
30 acquire lands and hold or improve the same given to Forest
31 Preserve Districts, by Sections 5 and 6 of this Act should be
32 held invalid, such invalidity shall not invalidate the
33 remainder of this Act or any of the other powers herein given
34 and conferred upon the Forest Preserve Districts. Such Forest
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1 Preserve Districts shall also have power to lease not to
2 exceed 40 acres of the lands and grounds acquired by it, for
3 a term of not more than 99 years to veterans' organizations
4 as grounds for convalescing sick and disabled veterans, and
5 as a place upon which to construct rehabilitation quarters,
6 or to a county as grounds for a county nursing home or
7 convalescent home. Any such Forest Preserve District shall
8 also have power to grant licenses, easements and
9 rights-of-way for the construction, operation and maintenance
10 upon, under or across any property of such District of
11 facilities for water, sewage, telephone, telegraph, electric,
12 gas or other public service, subject to such terms and
13 conditions as may be determined by such District.
14 Any such District may purchase, but not condemn, a parcel
15 of land and sell a portion thereof for not less than fair
16 market value pursuant to resolution of the Board. Such
17 resolution shall be passed by the affirmative vote of at
18 least 2/3 of all members of the board within 30 days after
19 acquisition by the district of such parcel.
20 Whenever the board of any forest preserve district
21 determines that the public interest will be subserved by
22 vacating any street, roadway, or driveway, or part thereof,
23 located within a forest preserve, it may vacate that street,
24 roadway, or driveway, or part thereof, by an ordinance passed
25 by the affirmative vote of at least 3/4 of all the members of
26 the board. This vote shall be taken by ayes and nays and
27 entered in the records of the board.
28 The determination of the board that the nature and extent
29 of the public use or public interest to be subserved is such
30 as to warrant the vacation of any street, roadway, or
31 driveway, or part thereof, is conclusive, and the passage of
32 such an ordinance is sufficient evidence of that
33 determination, whether so recited in the ordinance or not.
34 The relief to the public from further burden and
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1 responsibility of maintaining any street, roadway or
2 driveway, or part thereof, constitutes a public use or public
3 interest authorizing the vacation.
4 Nothing contained in this Section shall be construed to
5 authorize the board of any forest preserve district to vacate
6 any street, roadway, or driveway, or part thereof, that is
7 part of any State or county highway.
8 When property is damaged by the vacation or closing of
9 any street, roadway, or driveway, or part thereof, damage
10 shall be ascertained and paid as provided by law.
11 Except in cases where the deed, or other instrument
12 dedicating a street, roadway, or driveway, or part thereof,
13 has expressly provided for a specific devolution of the title
14 thereto upon the abandonment or vacation thereof, and except
15 where such street, roadway or driveway, or part thereof, is
16 held by the district by lease, or where the district holds an
17 easement in the land included within the street, roadway or
18 driveway, whenever any street, roadway, or driveway, or part
19 thereof is vacated under or by virtue of any ordinance of any
20 forest preserve district, the title to the land in fee simple
21 included within the street, roadway, or driveway, or part
22 thereof, so vacated vests in the forest preserve district.
23 The board of any forest preserve district is authorized
24 to sell at fair market price, gravel, sand, earth and any
25 other material obtained from the lands and waters owned by
26 the district.
27 For the purposes of this Section, "acquiring land"
28 includes acquiring a fee simple, lease or easement in land.
29 (Source: P.A. 86-267; 86-1387; 87-847.)
30 Section 10. The Code of Civil Procedure is amended by
31 changing Sections 7-101, 7-109, 7-110, and 7-121, and by
32 adding Sections 7-101.1, 7-111.1, 7-119.1, 7-130, and 7-131
33 as follows:
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1 (735 ILCS 5/7-101) (from Ch. 110, par. 7-101)
2 Sec. 7-101. Compensation - Jury. Private property shall
3 not be taken or damaged for public use without just
4 compensation, and in all cases in which compensation is not
5 made by the state in its corporate capacity, or a political
6 subdivision of the state, or municipality in its respective
7 corporate capacity, such compensation shall be ascertained by
8 a jury, as hereinafter prescribed. Where compensation is so
9 made by the state, a political subdivision of the state, or
10 municipality, any party upon application may have a trial by
11 jury to ascertain the just compensation to be paid. Such
12 demand on the part of the state, a political subdivision of
13 the state, or municipality, shall be filed with the complaint
14 for condemnation of the state, a political subdivision of the
15 state, or municipality. Where the state, a political
16 subdivision of the state, or municipality is plaintiff, a
17 defendant desirous of a trial by jury must file a demand
18 therefor on or before the return date of the summons served
19 on him or her or fixed in the publication in case of
20 defendants served by publication. In the event no party in
21 the condemnation action demands a trial by jury as provided
22 for by this Section, then the trial shall be before the court
23 without a jury. The right to just compensation as provided in
24 this Article applies to the owner or owners of any lawfully
25 erected off-premises outdoor advertising sign that is
26 compelled to be altered or removed under this Article or any
27 other statute, or under any ordinance or regulation of any
28 municipality or other unit of local government, and also
29 applies to the owner or owners of the property on which that
30 sign is erected.
31 An owner-occupied residence, which qualifies as homestead
32 property under Section 15-175 of the Property Tax Code, shall
33 not be taken for recreational purposes unless the condemning
34 authority establishes by clear and convincing evidence that
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1 such taking is for the public purpose of removing blighted
2 areas for redevelopment and is indispensable to the
3 implementation of a long range comprehensive plan. Such
4 restriction shall not apply to takings of property by a
5 public utility authorized by a grant of authority issued
6 pursuant to Article VIII of the Public Utilities Act.
7 If the State, a political subdivision of the State, or a
8 municipality is the plaintiff in a proceeding under this
9 Article and the court authorizes the plaintiff to exercise
10 eminent domain, as part of the just compensation for the
11 defendant the court may assess the costs, expenses, and
12 reasonable attorney fees of the defendant against the
13 plaintiff, upon application by the defendant, as the court
14 determines after a hearing.
15 (Source: P.A. 87-1205.)
16 (735 ILCS 5/7-101.1 new)
17 Sec. 7-101.1. Notice; time limits.
18 (a) As soon as practicable after making any public
19 announcement regarding a taking, a condemning authority shall
20 notify the landowner of the subject property of its
21 intentions to acquire the property and its actions in
22 furtherance of those intentions. Such restriction shall not
23 apply to takings of property by a public utility authorized
24 by a grant of authority issued pursuant to Article VIII of
25 the Public Utilities Act.
26 (b) Except as otherwise provided by law, a condemning
27 authority shall file a complaint for condemnation within a
28 reasonable time after notifying the landowner of its
29 intention to acquire the subject property.
30 (735 ILCS 5/7-109) (from Ch. 110, par. 7-109)
31 Sec. 7-109. Refund of excess of deposit. If the amount
32 withdrawn from deposit by any interested party under the
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1 provision of Section 7-106 of this Act exceeds the amount
2 finally adjudged to be just compensation (or damages, costs,
3 expenses, and attorney fees) due to such party, the court
4 shall order such party to refund such excess to the clerk of
5 the court, and if refund is not made within a reasonable time
6 fixed by the court, shall enter judgment for such excess in
7 favor of the plaintiff and against such party.
8 If a landowner who did not contest the amount of
9 preliminary compensation deposited by the plaintiff withdraws
10 that preliminary compensation under Section 7-106 and the
11 final amount of just compensation is determined to be less
12 than the preliminary compensation withdrawn causing the
13 landowner to owe a refund, the landowner shall not be
14 required to pay interest on the refund amount owed.
15 (Source: P.A. 82-280.)
16 (735 ILCS 5/7-110) (from Ch. 110, par. 7-110)
17 Sec. 7-110. Dismissal - Abandonment. At any time after
18 the complaint for condemnation has been filed After the
19 plaintiff has taken possession of the property pursuant to
20 the order of taking, the plaintiff shall have no right to
21 dismiss the complaint, or to abandon the proceeding, as to
22 all or any part of the property so taken, except upon the
23 consent of all parties to the proceeding whose interests
24 would be affected by such dismissal or abandonment. Such
25 restriction shall not apply to takings of property by a
26 public utility authorized by a grant of authority issued
27 pursuant to Article VIII of the Public Utilities Act. Such a
28 public utility, after taking possession of the property
29 pursuant to an order of taking, shall have no right to
30 dismiss the complaint, or to abandon the proceeding, as to
31 all or any part of the property, so taken, except upon the
32 consent of all parties to the proceeding whose interests
33 would be affected by such dismissal or abandonment.
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1 (Source: P.A. 83-707.)
2 (735 ILCS 5/7-111.1 new)
3 Sec. 7-111.1. Late payment by condemning authority after
4 agreed judgment. When an agreed judgment is entered by the
5 court regarding a complaint for condemnation filed under this
6 Article and the condemning authority fails to deposit the
7 final compensation within the time provided in the order, the
8 condemning authority shall be liable for the costs, expenses,
9 and reasonable attorney fees incurred by the landowner in
10 obtaining deposit of the agreed judgment amount.
11 (735 ILCS 5/7-119.1 new)
12 Sec. 7-119.1. Illustrated proposal required for taking.
13 The court shall not enter an order of taking under this
14 Article unless the plaintiff has provided an illustrated
15 proposal of the plaintiff's planned use for the land being
16 taken. "Illustrated proposal" means an outline or plan which
17 describes the property proposed to be taken and illustrates
18 the public purpose for such taking. This provision shall not
19 apply to takings of property by a public utility authorized
20 by a grant of authority issued pursuant to Article VIII of
21 the Public Utilities Act.
22 (735 ILCS 5/7-121) (from Ch. 110, par. 7-121)
23 Sec. 7-121. Value.
24 (a) Except as to property designated as possessing a
25 special use, the fair cash market value of property in a
26 proceeding in eminent domain shall be the amount of money
27 which a purchaser, willing but not obligated to buy the
28 property, would pay to an owner willing but not obliged to
29 sell in a voluntary sale, which amount of money shall be
30 determined and ascertained as of the date of filing the
31 complaint to condemn. In the condemnation of property for a
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1 public improvement there shall be excluded from such amount
2 of money any appreciation in value proximately caused by such
3 improvement, and any depreciation in value proximately caused
4 by such improvement. However, such appreciation or
5 depreciation shall not be excluded where property is
6 condemned for a separate project conceived independently of
7 and subsequent to the original project.
8 (b) Sales of comparable property that were initiated
9 prior to filing the complaint and were completed after the
10 complaint for condemnation of the subject property has been
11 filed under this Article are admissible as evidence in the
12 condemnation proceeding on the same terms as sales of
13 comparable property completed before the complaint for
14 condemnation is filed.
15 (c) In addition to sales of comparable property, bona
16 fide offers to purchase the subject property or adjacent
17 properties, including options to purchase, are admissible as
18 evidence in a condemnation proceeding.
19 (Source: P.A. 82-280.)
20 (735 ILCS 5/7-130 new)
21 Sec. 7-130. Land use regulations adversely affecting
22 value. The court may dismiss a complaint for condemnation if
23 it finds that the condemning authority has acted in concert
24 with one or more other governmental entities for the exercise
25 of land use regulatory powers for the purpose of holding down
26 the market value of property that the condemning authority
27 seeks to obtain.
28 (735 ILCS 5/7-131 new)
29 Sec. 7-131. Condemning authority's ability to resell
30 property to private party limited. A condemning authority,
31 which has acquired property either by verdict under this
32 Article or voluntarily from a property owner after notifying
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1 the owner of its intention to exercise its power of eminent
2 domain, shall not resell that property to a private party
3 unless the property owner holding title before the order
4 which transferred title is allowed first opportunity to
5 repurchase the property on the same terms as the condemning
6 authority acquired the property except where the property is
7 acquired as part of a comprehensive long range plan for the
8 redevelopment of a blighted area and notice of such purpose
9 is given to the property owner prior to the condemning
10 authority acquiring the property. This Section shall not
11 apply to property taken by a public utility authorized by a
12 grant of authority issued pursuant to Article VIII of the
13 Public Utilities Act.
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.
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