93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6907


 
Introduced 02/09/04, by Kevin Joyce
 
SYNOPSIS AS INTRODUCED:
 		














735 ILCS 5/7-101
  from Ch. 110, par. 7-101







    Amends the Code of Civil Procedure.  Makes a technical change in a Section concerning compensation ascertained by a jury in eminent domain cases.
















LRB093 21168 LCB 47242 b

















 


 


A BILL FOR









 











HB6907

LRB093 21168 LCB 47242 b






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    AN ACT concerning civil procedure.

 
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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 7-101 as follows:
 



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    (735 ILCS 5/7-101)  (from Ch. 110, par. 7-101)



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    Sec. 7-101. Compensation - Jury. Private property shall not 
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be taken
or damaged for public use without just compensation, 
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and in all cases where
in which
compensation is not made by the 
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state in its corporate capacity, or a political
subdivision of 
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the state, or municipality in its respective corporate 
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capacity,
such compensation shall be ascertained by a jury, as 
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hereinafter prescribed.
Where compensation is so made by the 
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state, a political subdivision of the
state, or municipality, 
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any party upon application may have a trial by jury to

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ascertain the just compensation to be paid. Such demand on the 
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part of the
state, a political subdivision of the state, or 
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municipality, shall be filed
with the complaint for 
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condemnation of the state, a political subdivision of
the 
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state, or municipality. Where the state, a political 
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subdivision of the
state, or municipality is plaintiff, a 
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defendant desirous of a trial by
jury must file a demand 
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therefor on or before the return date of the
summons served on 
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him or her or fixed in the publication in case of defendants

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served by publication. In the event no party in the 
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condemnation action
demands a trial by jury as provided for by 
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this Section, then the trial
shall be before the court without 
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a jury. The right to just compensation as
provided in this 
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Article applies to the owner or owners of any lawfully erected

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off-premises outdoor advertising sign that is compelled to be 
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altered or
removed under this Article or any other statute, or 
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under any ordinance or
regulation of any municipality or other 
 


 






HB6907
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unit of local government, and also
applies to the owner or 
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owners of the property on which that sign is erected.
The right 
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to just compensation as provided in this Article applies to

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property subject to a conservation right under the Real 
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Property Conservation
Rights Act. The amount of compensation 
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for the taking of the property shall not
be diminished or 
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reduced
by virtue of the existence of the conservation right. 
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The holder of the
conservation right shall be entitled to just 
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compensation for the value of the
conservation right.

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(Source: P.A. 91-497, eff. 1-1-00.)