95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2807


 
Introduced 2/15/2008, by Sen. Don Harmon
 
SYNOPSIS AS INTRODUCED:
 		








  



735 ILCS 30/20-5-5
  was 735 ILCS 5/7-103







    Amends the Eminent Domain Act. Makes a technical change in provisions concerning quick-take powers.
















LRB095 19070 WGH 45261 b

















 


 


A BILL FOR









 











SB2807

LRB095 19070 WGH 45261 b






1
    AN ACT concerning civil procedure.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Eminent Domain Act is amended  by changing 
5
Section 20-5-5 as follows:
 


6
    (735 ILCS 30/20-5-5)  (was 735 ILCS 5/7-103)

7
    Sec. 20-5-5. Quick-take. 
8
    (a) This Section applies only to proceedings under this 
9
this Article that are
authorized in this Article and in Article 
10
25 of this Act.

11
    (b) In a proceeding subject to this Section,
the plaintiff, 
12
at any time after the complaint has been filed and before

13
judgment is entered in the proceeding, may file a written 
14
motion requesting
that, immediately or at some specified later 
15
date, the plaintiff either: (i) be
vested with the fee simple 
16
title (or such lesser estate, interest, or
easement, as may be 
17
required) to the real property, or a specified portion
of that 
18
property, which is the subject of the proceeding, and be 
19
authorized to take
possession of and use the property; or (ii) 
20
only be authorized to take
possession of and to use the 
21
property, if possession and use, without
the vesting of title, 
22
are sufficient to permit the plaintiff to proceed
with the 
23
project until the final ascertainment of compensation. No
land 
 


 






SB2807
- 2 -
LRB095 19070 WGH 45261 b




1
or interests in land now or hereafter owned, leased, 
2
controlled, or
operated and used by, or necessary for the 
3
actual operation of, any common
carrier engaged in interstate 
4
commerce, or any other public utility subject
to the 
5
jurisdiction of the Illinois Commerce Commission, shall be 
6
taken or
appropriated under this Section by the State of 
7
Illinois, the Illinois Toll Highway
Authority, the sanitary 
8
district, the St. Louis Metropolitan Area Airport
Authority, or 
9
the Board of Trustees of the University of Illinois without

10
first securing the approval of the Illinois Commerce 
11
Commission.

12
    Except as otherwise provided in this Article, the motion 
13
for taking shall
state: (1) an accurate description of the 
14
property to which the motion
relates and the estate or interest 
15
sought to be acquired in that property; (2)
the formally 
16
adopted schedule or plan of operation for the execution of
the 
17
plaintiff's project; (3) the situation of the property to which 
18
the
motion relates, with respect to the schedule or plan; (4) 
19
the necessity
for taking the

property in the manner requested 
20
in the motion; and (5)
if the property (except property 
21
described in Section 3 of the Sports
Stadium Act or property 
22
described as Site B in Section 2 of the
Metropolitan Pier and 
23
Exposition Authority Act) to be taken is owned,
leased, 
24
controlled, or operated and used by, or necessary for the 
25
actual
operation of, any interstate common carrier or other 
26
public utility subject
to the jurisdiction of the Illinois 
 


 






SB2807
- 3 -
LRB095 19070 WGH 45261 b




1
Commerce Commission, a statement to the
effect that the 
2
approval of the proposed taking has been secured from the

3
Commission, and attaching to the motion a certified copy of the 
4
order of
the Illinois Commerce Commission granting approval.  If 
5
the schedule or plan of
operation is not set forth fully in the 
6
motion, a copy of the schedule or
plan shall be attached to the 
7
motion.

8
(Source: P.A. 94-1055, eff. 1-1-07.)