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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB2807
Introduced 2/15/2008, by Sen. Don Harmon SYNOPSIS AS INTRODUCED: |
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735 ILCS 30/20-5-5 |
was 735 ILCS 5/7-103 |
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Amends the Eminent Domain Act. Makes a technical change in provisions concerning quick-take powers.
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A BILL FOR
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SB2807 |
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LRB095 19070 WGH 45261 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 Eminent Domain Act is amended by changing |
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| Section 20-5-5 as follows:
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| (735 ILCS 30/20-5-5) (was 735 ILCS 5/7-103)
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| Sec. 20-5-5. Quick-take. |
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| (a) This Section applies only to proceedings under this |
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| this Article that are
authorized in this Article and in Article |
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| 25 of this Act.
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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: (i) be
vested with the fee simple |
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| title (or such lesser estate, interest, or
easement, as may be |
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| required) to the real property, or a specified portion
of that |
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| property, which is the subject of the proceeding, and be |
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| authorized to take
possession of and use the property; or (ii) |
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| only be authorized to take
possession of and to use the |
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| property, if possession and use, without
the vesting of title, |
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| are sufficient to permit the plaintiff to proceed
with the |
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| project until the final ascertainment of compensation. No
land |
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SB2807 |
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LRB095 19070 WGH 45261 b |
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| or interests in land now or hereafter owned, leased, |
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| controlled, or
operated and used by, or necessary for the |
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| actual operation of, any common
carrier engaged in interstate |
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| commerce, or any other public utility subject
to the |
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| jurisdiction of the Illinois Commerce Commission, shall be |
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| taken or
appropriated under this Section by the State of |
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| Illinois, the Illinois Toll Highway
Authority, the sanitary |
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| district, the St. Louis Metropolitan Area Airport
Authority, or |
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| the Board of Trustees of the University of Illinois without
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| first securing the approval of the Illinois Commerce |
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| Commission.
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| Except as otherwise provided in this Article, the motion |
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| for taking shall
state: (1) an accurate description of the |
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| property to which the motion
relates and the estate or interest |
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| sought to be acquired in that property; (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 the
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 |
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| actual
operation of, any interstate common carrier or other |
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| public utility subject
to the jurisdiction of the Illinois |
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SB2807 |
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LRB095 19070 WGH 45261 b |
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| Commerce Commission, a statement to the
effect that the |
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| approval of the proposed taking has been secured from the
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| Commission, and attaching to the motion a certified copy of the |
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| order of
the Illinois Commerce Commission granting approval. If |
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| the schedule or plan of
operation is not set forth fully in the |
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| motion, a copy of the schedule or
plan shall be attached to the |
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| motion.
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| (Source: P.A. 94-1055, eff. 1-1-07.)
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