HB1926sam001 95TH GENERAL ASSEMBLY

Sen. Randall M. Hultgren

Filed: 6/6/2007

09500HB1926sam001 LRB095 09066 RLC 37418 a

AMENDMENT TO HOUSE BILL 1926

AMENDMENT NO. ______. Amend House Bill 1926 by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by adding Section 16-6.1 as follows:

(105 ILCS 5/16-6.1 new)

Sec. 16-6.1. Immediate Possession of Lands for School Purposes. Notwithstanding any other provision of this Article or the provisions of any other law, a unit school district shall, upon written motion, be vested with the fee simple title to the real property which is the subject of an eminent domain proceeding filed pursuant to Section 10-22.35A and Section 16-6 and be authorized to take possession of and use such property immediately for the construction of a high school building, and facilities ancillary thereto, if all of the following conditions are met:

(1) the school district has an equalized assessed valuation for calendar year 2006 of at least $4,500,000,000 and an enrollment for the 2006-2007 school year of at least 28,000;

(2) at least 58% of those voting in a general primary election held prior to November 2006 approved a proposition for the construction of the high school building and the issuance of $124,660,000 general obligation bonds for the purpose of paying the costs thereof;

(3) the eminent domain proceeding was filed on or before December 23, 2005 for the acquisition of a vacant parcel of land containing approximately 55 acres in a county contiguous to a county with 3,000,000 or more inhabitants;

(4) the circuit court in which such proceeding is pending entered its order, on or before November 17, 2006, denying defendants' traverse motion and motion to dismiss and finding, among other things, that the board of education made a bona fide attempt to agree with the property owner on the compensation to be paid to acquire the subject property, but was unable to do so, thereby authorizing the filing of a condemnation action;

(5) the school district waives its right to dismiss the complaint, or to abandon the proceeding, as to all or any part of the property so taken; and

(6) the school district deposits the sum of $500,000 per acre with the county treasurer who shall invest the deposit in an interest-bearing account for the benefit of the parties to the action. The deposit and accrued interest shall be held by the treasurer until entry of a final and non-appealable order by the circuit court determining the just compensation to be paid for the property. Upon entry of such final and non-appealable order, the treasurer shall disburse the just compensation to the owners and any excess deposit to the school district. Interest accrued on the deposit shall be disbursed to the owners and the school district in the same proportion as the principal deposit is disbursed to the owners and the school district. In the event the deposit and all accrued interest are insufficient to satisfy the award of just compensation determined in such final and non-appealable order, then the school district shall pay such deficiency, together with judgment interest accruing from the date of such final and non-appealable order within 30 days. In no event shall the amount of the deposit be admissible as evidence in the eminent domain proceeding.

In all other respects, said eminent domain proceeding shall be governed by applicable law.

Section 99. Effective date. This Act takes effect upon becoming law.".