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91_SB0026sam003
SRS91SB0026JJcham01
1 AMENDMENT TO SENATE BILL 26
2 AMENDMENT NO. . Amend Senate Bill 26, AS AMENDED, by
3 replacing the title with the following:
4 "AN ACT regarding property, which may be referred to as
5 the Property Owners Protection Amendments of 1999."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Downstate Forest Preserve District Act
9 is amended by changing Section 6 as follows:
10 (70 ILCS 805/6) (from Ch. 96 1/2, par. 6309)
11 Sec. 6. Any such District shall have power to acquire
12 lands and grounds for the aforesaid purposes by lease, or in
13 fee simple by gift, grant, legacy, purchase or condemnation,
14 or to acquire easements in land, and to construct, lay out,
15 improve and maintain wells, power plants, comfort stations,
16 shelter houses, paths, driveways, public roads, roadways and
17 other improvements and facilities in and through such forest
18 preserves as they shall deem necessary or desirable for the
19 use of such forest preserves by the public and may acquire,
20 develop, improve and maintain waterways in conjunction with
21 the district. No district with a population less than 600,000
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1 an existing park or forest
7 preserve, and no municipality shall annex any land for the
8 purpose of defeating a District acquisition once the District
9 has given notice of intent to acquire a specified parcel of
10 land. No district with a population of less than 500,000
11 shall (i) have the power to condemn property for a linear
12 park or trail within a municipality without the concurrence
13 of the governing body of the municipality or (ii) have the
14 power to condemn property for a linear park or trail in an
15 unincorporated area without the concurrence of the governing
16 body of the township within which the property is located or
17 (iii) once having commenced a proceeding to acquire land by
18 condemnation, dismiss or abandon that proceeding without the
19 consent of the property owners. No district shall establish a
20 trail surface within 50 feet of an occupied dwelling which
21 was in existence prior to the approval of the acquisition by
22 the district without obtaining permission of the owners of
23 the premises or the concurrence of the governing body of the
24 municipality or township within which the property is
25 located. All acquisitions of land by a district with a
26 population less than 600,000 within 1 1/2 miles of a
27 municipality shall be preceded by a conference with the mayor
28 or president of the municipality or his designated agent. If
29 a forest preserve district is in negotiations for acquisition
30 of land with owners of land adjacent to a municipality, the
31 annexation of that land shall be deferred for 6 months. The
32 district shall have no power to acquire an interest in real
33 estate situated outside the district by the exercise of the
34 right of eminent domain, by purchase or by lease, but shall
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1 have the power to acquire any such property, or an easement
2 in any such property, which is contiguous to the district by
3 gift, legacy, or grant, subject to approval of the county
4 board of the county, and of any forest preserve district or
5 conservation district, within which the property is located.
6 The district shall have the same control of and power over
7 land, an interest in which it has so acquired, as over forest
8 preserves within the district. If any of the powers to
9 acquire lands and hold or improve the same given to Forest
10 Preserve Districts, by Sections 5 and 6 of this Act should be
11 held invalid, such invalidity shall not invalidate the
12 remainder of this Act or any of the other powers herein given
13 and conferred upon the Forest Preserve Districts. Such Forest
14 Preserve Districts shall also have power to lease not to
15 exceed 40 acres of the lands and grounds acquired by it, for
16 a term of not more than 99 years to veterans' organizations
17 as grounds for convalescing sick and disabled veterans, and
18 as a place upon which to construct rehabilitation quarters,
19 or to a county as grounds for a county nursing home or
20 convalescent home. Any such Forest Preserve District shall
21 also have power to grant licenses, easements and
22 rights-of-way for the construction, operation and maintenance
23 upon, under or across any property of such District of
24 facilities for water, sewage, telephone, telegraph, electric,
25 gas or other public service, subject to such terms and
26 conditions as may be determined by such District.
27 Any such District may purchase, but not condemn, a parcel
28 of land and sell a portion thereof for not less than fair
29 market value pursuant to resolution of the Board. Such
30 resolution shall be passed by the affirmative vote of at
31 least 2/3 of all members of the board within 30 days after
32 acquisition by the district of such parcel.
33 Whenever the board of any forest preserve district
34 determines that the public interest will be subserved by
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1 vacating any street, roadway, or driveway, or part thereof,
2 located within a forest preserve, it may vacate that street,
3 roadway, or driveway, or part thereof, by an ordinance passed
4 by the affirmative vote of at least 3/4 of all the members of
5 the board. This vote shall be taken by ayes and nays and
6 entered in the records of the board.
7 The determination of the board that the nature and extent
8 of the public use or public interest to be subserved is such
9 as to warrant the vacation of any street, roadway, or
10 driveway, or part thereof, is conclusive, and the passage of
11 such an ordinance is sufficient evidence of that
12 determination, whether so recited in the ordinance or not.
13 The relief to the public from further burden and
14 responsibility of maintaining any street, roadway or
15 driveway, or part thereof, constitutes a public use or public
16 interest authorizing the vacation.
17 Nothing contained in this Section shall be construed to
18 authorize the board of any forest preserve district to vacate
19 any street, roadway, or driveway, or part thereof, that is
20 part of any State or county highway.
21 When property is damaged by the vacation or closing of
22 any street, roadway, or driveway, or part thereof, damage
23 shall be ascertained and paid as provided by law.
24 Except in cases where the deed, or other instrument
25 dedicating a street, roadway, or driveway, or part thereof,
26 has expressly provided for a specific devolution of the title
27 thereto upon the abandonment or vacation thereof, and except
28 where such street, roadway or driveway, or part thereof, is
29 held by the district by lease, or where the district holds an
30 easement in the land included within the street, roadway or
31 driveway, whenever any street, roadway, or driveway, or part
32 thereof is vacated under or by virtue of any ordinance of any
33 forest preserve district, the title to the land in fee simple
34 included within the street, roadway, or driveway, or part
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1 thereof, so vacated vests in the forest preserve district.
2 The board of any forest preserve district is authorized
3 to sell at fair market price, gravel, sand, earth and any
4 other material obtained from the lands and waters owned by
5 the district.
6 For the purposes of this Section, "acquiring land"
7 includes acquiring a fee simple, lease or easement in land.
8 (Source: P.A. 86-267; 86-1387; 87-847.)
9 Section 10. The Code of Civil Procedure is amended by
10 changing Sections 7-101, 7-109, 7-110, and 7-121, and by
11 adding Sections 7-101.1, 7-111.1, 7-119.1, 7-130, and 7-131
12 as follows:
13 (735 ILCS 5/7-101) (from Ch. 110, par. 7-101)
14 Sec. 7-101. Compensation - Jury. Private property shall
15 not be taken or damaged for public use without just
16 compensation, and in all cases in which compensation is not
17 made by the state in its corporate capacity, or a political
18 subdivision of the state, or municipality in its respective
19 corporate capacity, such compensation shall be ascertained by
20 a jury, as hereinafter prescribed. Where compensation is so
21 made by the state, a political subdivision of the state, or
22 municipality, any party upon application may have a trial by
23 jury to ascertain the just compensation to be paid. Such
24 demand on the part of the state, a political subdivision of
25 the state, or municipality, shall be filed with the complaint
26 for condemnation of the state, a political subdivision of the
27 state, or municipality. Where the state, a political
28 subdivision of the state, or municipality is plaintiff, a
29 defendant desirous of a trial by jury must file a demand
30 therefor on or before the return date of the summons served
31 on him or her or fixed in the publication in case of
32 defendants served by publication. In the event no party in
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1 the condemnation action demands a trial by jury as provided
2 for by this Section, then the trial shall be before the court
3 without a jury. The right to just compensation as provided in
4 this Article applies to the owner or owners of any lawfully
5 erected off-premises outdoor advertising sign that is
6 compelled to be altered or removed under this Article or any
7 other statute, or under any ordinance or regulation of any
8 municipality or other unit of local government, and also
9 applies to the owner or owners of the property on which that
10 sign is erected.
11 An owner-occupied residence, which qualifies as homestead
12 property under Section 15-175 of the Property Tax Code, shall
13 not be taken for recreational purposes unless the condemning
14 authority establishes by clear and convincing evidence that
15 such taking is for the public purpose of removing blighted
16 areas for redevelopment and is indispensable to the
17 implementation of a long range comprehensive plan. Such
18 restriction shall not apply to takings of property by a
19 public utility authorized by a grant of authority issued
20 pursuant to Article VIII of the Public Utilities Act.
21 If the State, a political subdivision of the State, or a
22 municipality is the plaintiff in a proceeding under this
23 Article and the court authorizes the plaintiff to exercise
24 eminent domain, as part of the just compensation for the
25 defendant the court may assess the costs, expenses, and
26 reasonable attorney fees of the defendant against the
27 plaintiff, upon application by the defendant, as the court
28 determines after a hearing.
29 (Source: P.A. 87-1205.)
30 (735 ILCS 5/7-101.1 new)
31 Sec. 7-101.1. Notice; time limits.
32 (a) As soon as practicable after making any public
33 announcement regarding a taking, a condemning authority shall
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1 notify the landowner of the subject property of its
2 intentions to acquire the property and its actions in
3 furtherance of those intentions. Such restriction shall not
4 apply to takings of property by a public utility authorized
5 by a grant of authority issued pursuant to Article VIII of
6 the Public Utilities Act.
7 (b) Except as otherwise provided by law, a condemning
8 authority shall file a complaint for condemnation within a
9 reasonable time after notifying the landowner of its
10 intention to acquire the subject property.
11 (735 ILCS 5/7-109) (from Ch. 110, par. 7-109)
12 Sec. 7-109. Refund of excess of deposit. If the amount
13 withdrawn from deposit by any interested party under the
14 provision of Section 7-106 of this Act exceeds the amount
15 finally adjudged to be just compensation (or damages, costs,
16 expenses, and attorney fees) due to such party, the court
17 shall order such party to refund such excess to the clerk of
18 the court, and if refund is not made within a reasonable time
19 fixed by the court, shall enter judgment for such excess in
20 favor of the plaintiff and against such party.
21 If a landowner who did not contest the amount of
22 preliminary compensation deposited by the plaintiff withdraws
23 that preliminary compensation under Section 7-106 and the
24 final amount of just compensation is determined to be less
25 than the preliminary compensation withdrawn causing the
26 landowner to owe a refund, the landowner shall not be
27 required to pay interest on the refund amount owed.
28 (Source: P.A. 82-280.)
29 (735 ILCS 5/7-110) (from Ch. 110, par. 7-110)
30 Sec. 7-110. Dismissal - Abandonment. At any time after
31 the complaint for condemnation has been filed After the
32 plaintiff has taken possession of the property pursuant to
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1 the order of taking, the plaintiff shall have no right to
2 dismiss the complaint, or to abandon the proceeding, as to
3 all or any part of the property so taken, except upon the
4 consent of all parties to the proceeding whose interests
5 would be affected by such dismissal or abandonment. Such
6 restriction shall not apply to takings of property by a
7 public utility authorized by a grant of authority issued
8 pursuant to Article VIII of the Public Utilities Act. Such a
9 public utility, after taking possession of the property
10 pursuant to an order of taking, shall have no right to
11 dismiss the complaint, or to abandon the proceeding, as to
12 all or any part of the property, so taken, except upon the
13 consent of all parties to the proceeding whose interests
14 would be affected by such dismissal or abandonment.
15 (Source: P.A. 83-707.)
16 (735 ILCS 5/7-111.1 new)
17 Sec. 7-111.1. Late payment by condemning authority after
18 agreed judgment. When an agreed judgment is entered by the
19 court regarding a complaint for condemnation filed under this
20 Article and the condemning authority fails to deposit the
21 final compensation within the time provided in the order, the
22 condemning authority shall be liable for the costs, expenses,
23 and reasonable attorney fees incurred by the landowner in
24 obtaining deposit of the agreed judgment amount.
25 (735 ILCS 5/7-119.1 new)
26 Sec. 7-119.1. Illustrated proposal required for taking.
27 The court shall not enter an order of taking under this
28 Article unless the plaintiff has provided an illustrated
29 proposal of the plaintiff's planned use for the land being
30 taken. "Illustrated proposal" means an outline or plan which
31 describes the property proposed to be taken and illustrates
32 the public purpose for such taking. This provision shall not
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1 apply to takings of property by a public utility authorized
2 by a grant of authority issued pursuant to Article VIII of
3 the Public Utilities Act.
4 (735 ILCS 5/7-121) (from Ch. 110, par. 7-121)
5 Sec. 7-121. Value.
6 (a) Except as to property designated as possessing a
7 special use, the fair cash market value of property in a
8 proceeding in eminent domain shall be the amount of money
9 which a purchaser, willing but not obligated to buy the
10 property, would pay to an owner willing but not obliged to
11 sell in a voluntary sale, which amount of money shall be
12 determined and ascertained as of the date of filing the
13 complaint to condemn. In the condemnation of property for a
14 public improvement there shall be excluded from such amount
15 of money any appreciation in value proximately caused by such
16 improvement, and any depreciation in value proximately caused
17 by such improvement. However, such appreciation or
18 depreciation shall not be excluded where property is
19 condemned for a separate project conceived independently of
20 and subsequent to the original project.
21 (b) Sales of comparable property that were initiated
22 prior to filing the complaint and were completed after the
23 complaint for condemnation of the subject property has been
24 filed under this Article are admissible as evidence in the
25 condemnation proceeding on the same terms as sales of
26 comparable property completed before the complaint for
27 condemnation is filed.
28 (c) In addition to sales of comparable property, bona
29 fide offers to purchase the subject property or adjacent
30 properties, including options to purchase, are admissible as
31 evidence in a condemnation proceeding.
32 (Source: P.A. 82-280.)
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1 (735 ILCS 5/7-130 new)
2 Sec. 7-130. Land use regulations adversely affecting
3 value. The court may dismiss a complaint for condemnation if
4 it finds that the condemning authority has acted in concert
5 with one or more other governmental entities for the exercise
6 of land use regulatory powers for the purpose of holding down
7 the market value of property that the condemning authority
8 seeks to obtain.
9 (735 ILCS 5/7-131 new)
10 Sec. 7-131. Condemning authority's ability to resell
11 property to private party limited. A condemning authority,
12 which has acquired property either by verdict under this
13 Article or voluntarily from a property owner after notifying
14 the owner of its intention to exercise its power of eminent
15 domain, shall not resell that property to a private party
16 unless the property owner holding title before the order
17 which transferred title is allowed first opportunity to
18 repurchase the property on the same terms as the condemning
19 authority acquired the property except where the property is
20 acquired as part of a comprehensive long range plan for the
21 redevelopment of a blighted area and notice of such purpose
22 is given to the property owner prior to the condemning
23 authority acquiring the property. This Section shall not
24 apply to property taken by a public utility authorized by a
25 grant of authority issued pursuant to Article VIII of the
26 Public Utilities Act.
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.".
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