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| 1 | AMENDMENT TO SENATE BILL 728
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| 2 | AMENDMENT NO. ______. Amend Senate Bill 728 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Code of Civil Procedure is amended by | ||||||
| 5 | changing Section 7-101 as follows:.
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| 6 | (735 ILCS 5/7-101) (from Ch. 110, par. 7-101)
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| 7 | Sec. 7-101. Compensation - Jury. Private property shall not | ||||||
| 8 | be taken
or damaged for public use without just compensation, | ||||||
| 9 | and in all cases in which
compensation is not made by the state | ||||||
| 10 | in its corporate capacity, or a political
subdivision of the | ||||||
| 11 | state, or municipality in its respective corporate capacity,
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| 12 | such compensation shall be ascertained by a jury, as | ||||||
| 13 | hereinafter prescribed.
Where compensation is so made by the | ||||||
| 14 | state, a political subdivision of the
state, or municipality, | ||||||
| 15 | any party upon application may have a trial by jury to
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| 16 | ascertain the just compensation to be paid. Such demand on the | ||||||
| 17 | part of the
state, a political subdivision of the state, or | ||||||
| 18 | municipality, shall be filed
with the complaint for | ||||||
| 19 | condemnation of the state, a political subdivision of
the | ||||||
| 20 | state, or municipality. Where the state, a political | ||||||
| 21 | subdivision of the
state, or municipality is plaintiff, a | ||||||
| 22 | defendant desirous of a trial by
jury must file a demand | ||||||
| 23 | therefor on or before the return date of the
summons served on | ||||||
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| 1 | him or her or fixed in the publication in case of defendants
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| 2 | served by publication. In the event no party in the | ||||||
| 3 | condemnation action
demands a trial by jury as provided for by | ||||||
| 4 | this Section, then the trial
shall be before the court without | ||||||
| 5 | a jury. The right to just compensation as
provided in this | ||||||
| 6 | Article applies to the owner or owners of any lawfully erected
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| 7 | off-premises outdoor advertising sign that is compelled to be | ||||||
| 8 | altered or
removed under this Article or any other statute, or | ||||||
| 9 | under any ordinance or
regulation of any municipality or other | ||||||
| 10 | unit of local government, and also
applies to the owner or | ||||||
| 11 | owners of the property on which that sign is erected, and shall | ||||||
| 12 | accrue on the date of the commencement of proceedings under | ||||||
| 13 | this Article or any other statute or on the effective date of | ||||||
| 14 | any ordinance or regulation that compels the alteration or | ||||||
| 15 | removal of the off-premises outdoor advertising sign. Just | ||||||
| 16 | compensation with respect to off-premises outdoor advertising | ||||||
| 17 | signs shall not be determined by amortization of the value of | ||||||
| 18 | the signs over a period of time nor by any other amortization | ||||||
| 19 | method or calculation.
The right to just compensation as | ||||||
| 20 | provided in this Article applies to
property subject to a | ||||||
| 21 | conservation right under the Real Property Conservation
Rights | ||||||
| 22 | Act. The amount of compensation for the taking of the property | ||||||
| 23 | shall not
be diminished or reduced
by virtue of the existence | ||||||
| 24 | of the conservation right. The holder of the
conservation right | ||||||
| 25 | shall be entitled to just compensation for the value of the
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| 26 | conservation right.
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| 27 | (Source: P.A. 91-497, eff. 1-1-00.)".
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