93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5641


 
Introduced 2/6/2004, by Michael J. Madigan
 
SYNOPSIS AS INTRODUCED:
 		












735 ILCS 5/7-103
  from Ch. 110, par. 7-103









    Amends the Code of Civil Procedure. Makes technical changes in a Section
concerning "quick-take" eminent domain powers.
















LRB093 16856 RCE 42510 b

















 


 


A BILL FOR









 











HB5641

LRB093 16856 RCE 42510 b






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    AN ACT in relation to quick take. 

 
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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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    Section 5. The Code of Civil Procedure is amended by 
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changing Section 7-103
as
follows:


 
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    (735 ILCS 5/7-103)  (from Ch. 110, par. 7-103)

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    Sec. 7-103. "Quick-take".


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    (a) This Section applies only to proceedings under this 
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Article that are
authorized in the Sections following this 
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Section and preceding Section 7-104.


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    (b) In a proceeding subject to this Section,
the plaintiff, 
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at any time after the complaint has been filed and before

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judgment is entered in the proceeding, may file a written 
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motion requesting
that, immediately or at some specified later 
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date, the plaintiff either be
vested with the fee simple title 
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(or such lesser estate, interest or
easement, as may be 
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required) to the real property, or specified portion
thereof, 
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which is the subject of the proceeding, and be authorized to 
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take
possession of and use such property; or only be authorized 
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to take
possession of and to use such property, if such 
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possession and use, without
the vesting of title, are 
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sufficient to permit the plaintiff to proceed
with the project 
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until the final ascertainment of compensation; however, no
land 
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or interests therein now or hereafter owned, leased, controlled 
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or
operated and used by, or necessary for the actual operation 
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of, any common
carrier engaged in interstate commerce, or any 
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other public utility subject
to the jurisdiction of the 
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Illinois Commerce Commission, shall be taken or
appropriated 
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hereunder by the State of Illinois, the Illinois Toll Highway

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Authority, the sanitary district, the St. Louis Metropolitan 
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Area Airport
Authority or the Board of Trustees of the 
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University of Illinois without
first securing the approval of 
 


 






HB5641
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LRB093 16856 RCE 42510 b




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such Commission.


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    Except as otherwise
hereinafter stated in this Section, the

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motion for taking shall
state: (1) an accurate description of 
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the property to which the motion
relates and the estate or 
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interest sought to be acquired therein; (2)
the formally 
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adopted schedule or plan of operation for the execution of
the 
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plaintiff's project; (3) the situation of the property to which 
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the
motion relates, with respect to the schedule or plan; (4) 
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the necessity
for taking such property in the manner requested 
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in the motion; and (5)
if the property (except property 
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described in Section 3 of the Sports
Stadium Act, or property 
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described as Site B in Section 2 of the
Metropolitan Pier and 
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Exposition Authority Act) to be taken is owned,
leased, 
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controlled or operated and used by, or necessary for the actual

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operation of, any interstate common carrier or other public 
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utility subject
to the jurisdiction of the Illinois Commerce 
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Commission, a statement to the
effect that the approval of such 
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proposed taking has been secured from such
Commission, and 
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attaching to such motion a certified copy of the order of
such 
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Commission granting such approval.  If the schedule or plan of

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operation is not set forth fully in the motion, a copy of such 
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schedule or
plan shall be attached to the motion.


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(Source: P.A. 91-357, eff. 7-29-99; 91-367, eff. 7-30-99; 
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92-16, eff.
6-28-01.)