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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0869
Introduced 2/2/2005, by Rep. Angelo Saviano SYNOPSIS AS INTRODUCED:
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735 ILCS 5/7-101 |
from Ch. 110, par. 7-101 |
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Amends the Code of Civil Procedure. Makes a technical change in a Section concerning compensation for the taking of private property for public use.
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A BILL FOR
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HB0869 |
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LRB094 05912 LCB 35966 b |
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| AN ACT concerning civil law.
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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
for public use without just |
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| compensation, and in all cases in which
compensation is not |
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| made by the state in its corporate capacity, or a political
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| subdivision of the state, or municipality in its respective |
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| corporate capacity,
such compensation shall be ascertained by a |
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| jury, as hereinafter prescribed.
Where compensation is so made |
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| by the state, a political subdivision of the
state, or |
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| municipality, any party upon application may have a trial by |
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| jury to
ascertain the just compensation to be paid. Such demand |
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| on the part of the
state, a political subdivision of the state, |
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| or 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 |