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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Eminent Domain Act is amended by changing | |||||||||||||||||||||||||||
5 | Sections 5-5-5, 10-5-60, 10-5-105, 10-5-110, and 15-1-5 as | |||||||||||||||||||||||||||
6 | follows: | |||||||||||||||||||||||||||
7 | (735 ILCS 30/5-5-5)
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8 | Sec. 5-5-5. Exercise of the power of eminent domain; public | |||||||||||||||||||||||||||
9 | use; blight. | |||||||||||||||||||||||||||
10 | (a) In addition to all other limitations and requirements, | |||||||||||||||||||||||||||
11 | a condemning authority may not take or damage property by the | |||||||||||||||||||||||||||
12 | exercise of the power of eminent domain unless it is for a | |||||||||||||||||||||||||||
13 | public use, as set forth in this Section. | |||||||||||||||||||||||||||
14 | (a-5) Subsections (b), (c), (d), (e), and (f) of this | |||||||||||||||||||||||||||
15 | Section do not apply to the acquisition of property under the | |||||||||||||||||||||||||||
16 | O'Hare Modernization Act , Section 4-505 of the Illinois Highway | |||||||||||||||||||||||||||
17 | Code, the Illinois Aeronautics Act, or for the purpose of | |||||||||||||||||||||||||||
18 | development or redevelopment of any publicly owned airport . A | |||||||||||||||||||||||||||
19 | condemning authority may exercise the power of eminent domain | |||||||||||||||||||||||||||
20 | for the acquisition or damaging of property under the O'Hare | |||||||||||||||||||||||||||
21 | Modernization Act , Section 4-505 of the Illinois Highway Code, | |||||||||||||||||||||||||||
22 | the Illinois Aeronautics Act, or for the purpose of development | |||||||||||||||||||||||||||
23 | or redevelopment of any publicly owned airport as provided for |
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1 | by law in effect prior to the effective date of this Act. | ||||||
2 | (a-10) Subsections (b), (c), (d), (e), and (f) of this | ||||||
3 | Section do not apply to the acquisition or damaging of property | ||||||
4 | in furtherance of the goals and objectives of an existing tax | ||||||
5 | increment allocation redevelopment plan. A condemning | ||||||
6 | authority may exercise the power of eminent domain for the | ||||||
7 | acquisition of property in furtherance of an existing tax | ||||||
8 | increment allocation redevelopment plan as provided for by law | ||||||
9 | in effect prior to the effective date of this Act. | ||||||
10 | As used in this subsection, "existing tax increment | ||||||
11 | allocation redevelopment plan" means a redevelopment plan that | ||||||
12 | was adopted under the Tax Increment Allocation Redevelopment | ||||||
13 | Act (Article 11, Division 74.4 of the Illinois Municipal Code) | ||||||
14 | prior to April 15, 2006 and for which property assembly costs | ||||||
15 | were, before that date, included as a budget line item in the | ||||||
16 | plan or described in the narrative portion of the plan as part | ||||||
17 | of the redevelopment project, but does not include (i) any | ||||||
18 | additional area added to the redevelopment project area on or | ||||||
19 | after April 15, 2006, (ii) any subsequent extension of the | ||||||
20 | completion date of a redevelopment plan beyond the estimated | ||||||
21 | completion date established in that plan prior to April 15, | ||||||
22 | 2006, (iii) any acquisition of property in a conservation area | ||||||
23 | for which the condemnation complaint is filed more than 12 | ||||||
24 | years after the effective date of this Act, or (iv) any | ||||||
25 | acquisition of property in an industrial park conservation | ||||||
26 | area. |
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1 | As used in this subsection, "conservation area" and | ||||||
2 | "industrial park conservation area" have the same meanings as | ||||||
3 | under Section 11-74.4-3 of the Illinois Municipal Code. | ||||||
4 | (b) If the exercise of eminent domain authority is to | ||||||
5 | acquire property for public ownership and control, then the | ||||||
6 | condemning authority must prove that (i) the acquisition of the | ||||||
7 | property is necessary for a public purpose and (ii) the | ||||||
8 | acquired property will be owned and controlled by the | ||||||
9 | condemning authority or another governmental entity. | ||||||
10 | (c) Except when the acquisition is governed by subsection | ||||||
11 | (b) or is primarily for one of the purposes specified in | ||||||
12 | subsection (d), (e), or (f) and the condemning authority elects | ||||||
13 | to proceed under one of those subsections, if the exercise of | ||||||
14 | eminent domain authority is to acquire property for private | ||||||
15 | ownership or control, or both, then the condemning authority | ||||||
16 | must prove by clear and convincing evidence that the | ||||||
17 | acquisition of the property for private ownership or control is | ||||||
18 | (i) primarily for the benefit, use, or enjoyment of the public | ||||||
19 | and (ii) necessary for a public purpose. | ||||||
20 | An acquisition of property primarily for the purpose of the | ||||||
21 | elimination of blight is rebuttably presumed to be for a public | ||||||
22 | purpose and primarily for the benefit, use, or enjoyment of the | ||||||
23 | public under this subsection. | ||||||
24 | Any challenge to the existence of blighting factors alleged | ||||||
25 | in a complaint to condemn under this subsection shall be raised | ||||||
26 | within 6 months of the filing date of the complaint to condemn, |
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1 | and if not raised within that time the right to challenge the | ||||||
2 | existence of those blighting factors shall be deemed waived. | ||||||
3 | Evidence that the Illinois Commerce Commission has granted | ||||||
4 | a certificate or otherwise made a finding of public convenience | ||||||
5 | and necessity for an acquisition of property (or any right or | ||||||
6 | interest in property) for private ownership or control | ||||||
7 | (including, without limitation, an acquisition for which the | ||||||
8 | use of eminent domain is authorized under the Public Utilities | ||||||
9 | Act, the Telephone Company Act, or the Electric Supplier Act) | ||||||
10 | to be used for utility purposes creates a rebuttable | ||||||
11 | presumption that such acquisition of that property (or right or | ||||||
12 | interest in property) is (i) primarily for the benefit, use, or | ||||||
13 | enjoyment of the public and (ii) necessary for a public | ||||||
14 | purpose. | ||||||
15 | In the case of an acquisition of property (or any right or | ||||||
16 | interest in property) for private ownership or control to be | ||||||
17 | used for utility, pipeline, or railroad purposes for which no | ||||||
18 | certificate or finding of public convenience and necessity by | ||||||
19 | the Illinois Commerce Commission is required, evidence that the | ||||||
20 | acquisition is one for which the use of eminent domain is | ||||||
21 | authorized under one of the following laws creates a rebuttable | ||||||
22 | presumption that the acquisition of that property (or right or | ||||||
23 | interest in property) is (i) primarily for the benefit, use, or | ||||||
24 | enjoyment of the public and (ii) necessary for a public | ||||||
25 | purpose: | ||||||
26 | (1) the Public Utilities Act, |
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1 | (2) the Telephone Company Act, | ||||||
2 | (3) the Electric Supplier Act, | ||||||
3 | (4) the Railroad Terminal Authority Act, | ||||||
4 | (5) the Grand Avenue Railroad Relocation Authority | ||||||
5 | Act, | ||||||
6 | (6) the West Cook Railroad Relocation and Development | ||||||
7 | Authority Act, | ||||||
8 | (7) Section 4-505 of the Illinois Highway Code, | ||||||
9 | (8) Section 17 or 18 of the Railroad Incorporation Act, | ||||||
10 | (9) Section 18c-7501 of the Illinois Vehicle Code. | ||||||
11 | (d) If the exercise of eminent domain authority is to | ||||||
12 | acquire property for private ownership or control and if the | ||||||
13 | primary basis for the acquisition is the elimination of blight | ||||||
14 | and the condemning authority elects to proceed under this | ||||||
15 | subsection, then the condemning authority must: (i) prove by a | ||||||
16 | preponderance of the evidence that acquisition of the property | ||||||
17 | for private ownership or control is necessary for a public | ||||||
18 | purpose; (ii) prove by a preponderance of the evidence that the | ||||||
19 | property to be acquired is located in an area that is currently | ||||||
20 | designated as a blighted area or conservation area under an | ||||||
21 | applicable statute; (iii) if the existence of blight or | ||||||
22 | blighting factors is challenged in an appropriate motion filed | ||||||
23 | within 6 months after the date of filing of the complaint to | ||||||
24 | condemn, prove by a preponderance of the evidence that the | ||||||
25 | required blighting factors existed in the area so designated | ||||||
26 | (but not necessarily in the particular property to be acquired) |
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1 | at the time of the designation under item (ii) or at any time | ||||||
2 | thereafter; and (iv) prove by a preponderance of the evidence | ||||||
3 | at least one of the following: | ||||||
4 | (A) that it has entered into an express written | ||||||
5 | agreement in which a private person or entity agrees to | ||||||
6 | undertake a development project within the blighted area | ||||||
7 | that specifically details the reasons for which the | ||||||
8 | property or rights in that property are necessary for the | ||||||
9 | development project; | ||||||
10 | (B) that the exercise of eminent domain power and the | ||||||
11 | proposed use of the property by the condemning authority | ||||||
12 | are consistent with a regional plan that has been adopted | ||||||
13 | within the past 5 years in accordance with Section 5-14001 | ||||||
14 | of the Counties Code or Section 11-12-6 of the Illinois | ||||||
15 | Municipal Code or with a local land resource management | ||||||
16 | plan adopted under Section 4 of the Local Land Resource | ||||||
17 | Management Planning Act; or | ||||||
18 | (C) that (1) the acquired property will be used in the | ||||||
19 | development of a project that is consistent with the land | ||||||
20 | uses set forth in a comprehensive redevelopment plan | ||||||
21 | prepared in accordance with the applicable statute | ||||||
22 | authorizing the condemning authority to exercise the power | ||||||
23 | of eminent domain and is consistent with the goals and | ||||||
24 | purposes of that comprehensive redevelopment plan, and (2) | ||||||
25 | an enforceable written agreement, deed restriction, or | ||||||
26 | similar encumbrance has been or will be executed and |
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1 | recorded against the acquired property to assure that the | ||||||
2 | project and the use of the property remain consistent with | ||||||
3 | those land uses, goals, and purposes for a period of at | ||||||
4 | least 40 years, which execution and recording shall be | ||||||
5 | included as a requirement in any final order entered in the | ||||||
6 | condemnation proceeding. | ||||||
7 | The existence of an ordinance, resolution, or other | ||||||
8 | official act designating an area as blighted is not prima facie | ||||||
9 | evidence of the existence of blight. A finding by the court in | ||||||
10 | a condemnation proceeding that a property or area has not been | ||||||
11 | proven to be blighted does not apply to any other case or | ||||||
12 | undermine the designation of a blighted area or conservation | ||||||
13 | area or the determination of the existence of blight for any | ||||||
14 | other purpose or under any other statute, including without | ||||||
15 | limitation under the Tax Increment Allocation Redevelopment | ||||||
16 | Act (Article 11, Division 74.4 of the Illinois Municipal Code). | ||||||
17 | Any challenge to the existence of blighting factors alleged | ||||||
18 | in a complaint to condemn under this subsection shall be raised | ||||||
19 | within 6 months of the filing date of the complaint to condemn, | ||||||
20 | and if not raised within that time the right to challenge the | ||||||
21 | existence of those blighting factors shall be deemed waived. | ||||||
22 | (e) If the exercise of eminent domain authority is to | ||||||
23 | acquire property for private ownership or control and if the | ||||||
24 | primary purpose of the acquisition is one of the purposes | ||||||
25 | specified in item (iii) of this subsection and the condemning | ||||||
26 | authority elects to proceed under this subsection, then the |
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1 | condemning authority must prove by a preponderance of the | ||||||
2 | evidence that: (i) the acquisition of the property is necessary | ||||||
3 | for a public purpose; (ii) an enforceable written agreement, | ||||||
4 | deed restriction, or similar encumbrance has been or will be | ||||||
5 | executed and recorded against the acquired property to assure | ||||||
6 | that the project and the use of the property remain consistent | ||||||
7 | with the applicable purpose specified in item (iii) of this | ||||||
8 | subsection for a period of at least 40 years, which execution | ||||||
9 | and recording shall be included as a requirement in any final | ||||||
10 | order entered in the condemnation proceeding; and (iii) the | ||||||
11 | acquired property will be one of the following:
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12 | (1) included in the project site for a residential | ||||||
13 | project, or a
mixed-use project including residential | ||||||
14 | units, where not less than 20% of the residential units in | ||||||
15 | the project are made available, for at least 15 years, by | ||||||
16 | deed
restriction, long-term lease, regulatory agreement, | ||||||
17 | extended use agreement, or a
comparable recorded | ||||||
18 | encumbrance, to low-income households and very low-income | ||||||
19 | households, as defined in Section 3 of
the Illinois | ||||||
20 | Affordable Housing Act; | ||||||
21 | (2) used primarily for public airport, road, parking, | ||||||
22 | or mass transportation purposes and sold or leased to a | ||||||
23 | private party in a sale-leaseback, lease-leaseback,
or | ||||||
24 | similar structured financing; | ||||||
25 | (3) owned or used by a public utility or electric | ||||||
26 | cooperative for utility purposes; |
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1 | (4) owned or used by a railroad for
passenger or | ||||||
2 | freight transportation purposes; | ||||||
3 | (5)
sold or leased to a private party that operates a | ||||||
4 | water supply, waste water,
recycling, waste disposal, | ||||||
5 | waste-to-energy, or similar facility; | ||||||
6 | (6) sold or leased
to a not-for-profit corporation | ||||||
7 | whose purposes include the preservation of open
space, the | ||||||
8 | operation of park space, and similar public purposes; | ||||||
9 | (7)
used as a library, museum, or related facility, or | ||||||
10 | as infrastructure related to
such a facility; | ||||||
11 | (8) used by a private party for the
operation of a | ||||||
12 | charter school open to the general public; or
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13 | (9) a historic resource, as defined in Section 3 of the | ||||||
14 | Illinois State Agency Historic Resources Preservation Act, | ||||||
15 | a landmark designated as such under a local ordinance, or a | ||||||
16 | contributing structure within a local landmark district | ||||||
17 | listed on the National Register of Historic Places, that is | ||||||
18 | being acquired for purposes of preservation or | ||||||
19 | rehabilitation. | ||||||
20 | (f) If the exercise of eminent domain authority is to | ||||||
21 | acquire property for public ownership and private control and | ||||||
22 | if the primary purpose of the acquisition is one of the | ||||||
23 | purposes specified in item (iii) of this subsection and the | ||||||
24 | condemning authority elects to proceed under this subsection, | ||||||
25 | then the condemning authority must prove by a preponderance of | ||||||
26 | the evidence that: (i) the acquisition of the property is |
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1 | necessary for a public purpose; (ii) the acquired property will | ||||||
2 | be owned by the condemning authority or another governmental | ||||||
3 | entity; and (iii) the acquired property will be controlled by a | ||||||
4 | private party that operates a
business or facility related to | ||||||
5 | the condemning authority's operation of a university, medical | ||||||
6 | district, hospital, exposition or convention center, mass | ||||||
7 | transportation facility, or airport,
including, but not | ||||||
8 | limited to, a medical clinic, research and development center, | ||||||
9 | food or commercial concession facility, social service | ||||||
10 | facility, maintenance or storage facility, cargo facility,
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11 | rental car facility, bus facility, taxi facility, flight | ||||||
12 | kitchen,
fixed based operation, parking facility, refueling | ||||||
13 | facility, water supply facility, and railroad tracks and
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14 | stations. | ||||||
15 | (g) This Article is a limitation on the exercise of the | ||||||
16 | power of eminent domain, but is not an independent grant of | ||||||
17 | authority to exercise the power of eminent domain.
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18 | (Source: P.A. 94-1055, eff. 1-1-07.)
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19 | (735 ILCS 30/10-5-60) (was 735 ILCS 5/7-121)
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20 | Sec. 10-5-60. Value. Except as to property designated as | ||||||
21 | possessing a special use, the
fair cash market value of | ||||||
22 | property in a proceeding in eminent domain
shall be the amount | ||||||
23 | of money that a purchaser, willing, but not
obligated, to buy | ||||||
24 | the property, would pay to an owner willing,
but not
obliged, | ||||||
25 | to sell in a voluntary sale. |
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1 | For the acquisition or damaging of property under the | ||||||
2 | O'Hare Modernization Act, Section 4-505 of the Illinois Highway | ||||||
3 | Code, the Illinois Aeronautics Act, or for the purpose of | ||||||
4 | development or redevelopment of any publicly owned airport, the | ||||||
5 | amount shall be determined as of the date of filing the | ||||||
6 | complaint to condemn. For the acquisition of other property, | ||||||
7 | the amount shall be
determined and ascertained as of the date | ||||||
8 | of filing the complaint to
condemn, except that: | ||||||
9 | (i) in the case of property not being acquired under | ||||||
10 | Article 20 (quick-take), if the trial commences more than 2 | ||||||
11 | years after the date of filing the complaint to condemn, | ||||||
12 | the court may, in the interest of justice and equity, | ||||||
13 | declare a valuation date no sooner than the date of filing | ||||||
14 | the complaint to condemn and no later than the date of | ||||||
15 | commencement of the trial; and | ||||||
16 | (ii) in the case of property that is being acquired | ||||||
17 | under Article 20 (quick-take), if the trial commences more | ||||||
18 | than 2 years after the date of filing the complaint to | ||||||
19 | condemn, the court may, in the interest of justice and | ||||||
20 | equity, declare a valuation date no sooner than the date of | ||||||
21 | filing the complaint to condemn and no later than the date | ||||||
22 | on which the condemning authority took title to the | ||||||
23 | property. | ||||||
24 | In the condemnation of property for a public
improvement,
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25 | there shall be excluded from the fair cash market value of the | ||||||
26 | property
any
appreciation in value proximately caused by the
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1 | improvement and any
depreciation in value proximately caused by | ||||||
2 | the
improvement. However,
such appreciation or depreciation | ||||||
3 | shall not be excluded
when property is condemned for a separate | ||||||
4 | project conceived
independently of and subsequent to the | ||||||
5 | original project. | ||||||
6 | (Source: P.A. 94-1055, eff. 1-1-07.) | ||||||
7 | (735 ILCS 30/10-5-105)
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8 | Sec. 10-5-105. Sale of certain property acquired by | ||||||
9 | condemnation. | ||||||
10 | (a) This Section applies only to property that (i) has been | ||||||
11 | acquired after the effective date of this Act by condemnation | ||||||
12 | or threat of condemnation, (ii) was acquired for public | ||||||
13 | ownership and control by the condemning authority or another | ||||||
14 | public entity, and (iii) has been under the ownership and | ||||||
15 | control of the condemning authority or that other public entity | ||||||
16 | for a total of less than 5 years. | ||||||
17 | As used in this Section, "threat of condemnation" means | ||||||
18 | that the condemning authority has made an offer to purchase | ||||||
19 | property and has the authority to exercise the power of eminent | ||||||
20 | domain with respect to that property. | ||||||
21 | (b) Any governmental entity seeking to dispose of property | ||||||
22 | to which this Section applies must dispose of that property in | ||||||
23 | accordance with this Section, unless disposition of that | ||||||
24 | property is otherwise specifically authorized or prohibited by | ||||||
25 | law enacted by the General Assembly before, on, or after the |
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1 | effective date of this Act. | ||||||
2 | (c) The sale or public auction by the State of property to | ||||||
3 | which this Section applies must be conducted in the manner | ||||||
4 | provided in the State Property Control Act for the disposition | ||||||
5 | of surplus property. | ||||||
6 | (d) The sale or public auction by a municipality of | ||||||
7 | property to which this Section applies must be conducted in | ||||||
8 | accordance with Section 11-76-4.1 or 11-76-4.2 of the Illinois | ||||||
9 | Municipal Code. | ||||||
10 | (e) The sale or public auction by any other unit of local | ||||||
11 | government or school district of property to which this Section | ||||||
12 | applies must be conducted in accordance with this subsection | ||||||
13 | (e). The corporate
authorities of the unit of local government | ||||||
14 | or school district, by resolution, may authorize the sale or | ||||||
15 | public
auction of
the property as surplus public real estate. | ||||||
16 | The value of the real estate shall be
determined by a written | ||||||
17 | MAI-certified appraisal or by a written certified
appraisal of | ||||||
18 | a State-certified or State-licensed real estate appraiser. The
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19 | appraisal shall be available for public inspection. The | ||||||
20 | resolution may direct
the sale to be conducted by the staff of | ||||||
21 | the unit of local government or school district; by
listing
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22 | with local licensed real estate agencies, in which case the | ||||||
23 | terms of the
agent's compensation shall be included in the | ||||||
24 | resolution; or by public
auction. The resolution
shall be | ||||||
25 | published at the first opportunity following its passage in a
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26 | newspaper or newspapers published in the county or counties in |
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1 | which the unit of local government or school district is | ||||||
2 | located. The resolution
shall also contain pertinent | ||||||
3 | information concerning the size, use, and
zoning of the real | ||||||
4 | estate and the terms of sale. The corporate authorities of the | ||||||
5 | unit of local government or school district may accept any | ||||||
6 | contract proposal determined by them to be in the best
interest | ||||||
7 | of the unit of local government or school district by a vote of | ||||||
8 | two-thirds of
the
members of the corporate authority of the | ||||||
9 | unit of local government or school district then holding | ||||||
10 | office, but in no event at a price
less
than 80% of the | ||||||
11 | appraised value. | ||||||
12 | (f) This Section does not apply to the acquisition or | ||||||
13 | damaging of property under the O'Hare Modernization Act , | ||||||
14 | Section 4-505 of the Illinois Highway Code, the Illinois | ||||||
15 | Aeronautics Act, or for the purpose of development or | ||||||
16 | redevelopment of any publicly owned airport .
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17 | (Source: P.A. 94-1055, eff. 1-1-07; 95-331, eff. 8-21-07.) | ||||||
18 | (735 ILCS 30/10-5-110)
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19 | Sec. 10-5-110. Offers of settlement by defendant; | ||||||
20 | attorney's fees and litigation expenses. | ||||||
21 | (a) This Section applies only to proceedings for the | ||||||
22 | acquisition of property for private ownership or control that | ||||||
23 | are subject to subsection (c), (d), (e), or (f) of Section | ||||||
24 | 5-5-5. | ||||||
25 | (b) At any time between (i) the close of discovery in |
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1 | accordance with Supreme Court Rule 218(c), as now or hereafter | ||||||
2 | amended, or another date set by the court or agreed to by the | ||||||
3 | parties, and (ii) 14 days before the commencement of trial to | ||||||
4 | determine final just compensation, any defendant may serve upon | ||||||
5 | the plaintiff a written offer setting forth the amount of | ||||||
6 | compensation that the defendant will accept for the taking of | ||||||
7 | that defendant's interest in the property. If the defendant | ||||||
8 | does not make such an offer, the defendant shall not be | ||||||
9 | entitled to the attorney's fees and other reimbursement | ||||||
10 | provided under subsection (e) of this Section. | ||||||
11 | (c) If, within 10 days after service of the offer, the | ||||||
12 | plaintiff serves written notice upon that defendant that the | ||||||
13 | offer is accepted, then either of those parties may file a copy | ||||||
14 | of the offer and a copy of the notice of acceptance together | ||||||
15 | with proof of service of the notice. The court shall then enter | ||||||
16 | judgment. | ||||||
17 | (d) An offer that is not accepted within the 10-day period | ||||||
18 | is deemed to be withdrawn and evidence of the offer is not | ||||||
19 | admissible at trial. | ||||||
20 | (e) If a plaintiff does not accept an offer as provided in | ||||||
21 | subsection (c) and if the final just compensation for the | ||||||
22 | defendant's interest is determined by the trier of fact to be | ||||||
23 | equal to or in excess of the amount of the defendant's last | ||||||
24 | written offer under subsection (b), then the court must order | ||||||
25 | the plaintiff to pay to the defendant that defendant's | ||||||
26 | attorney's fees as calculated under subsection (f) of this |
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1 | Section. The plaintiff shall also pay to the defendant that | ||||||
2 | defendant's reasonable costs and litigation expenses, | ||||||
3 | including, without limitation, expert witness and appraisal | ||||||
4 | fees, incurred after the making of the defendant's last written | ||||||
5 | offer under subsection (b). | ||||||
6 | (f) Any award of attorney's fees under this Section shall | ||||||
7 | be based solely on the net benefit achieved for the property | ||||||
8 | owner, except that the court may also consider any non-monetary | ||||||
9 | benefits obtained for the property owner through the efforts of | ||||||
10 | the attorney to the extent that the non-monetary benefits are | ||||||
11 | specifically identified by the court and can be quantified by | ||||||
12 | the court with a reasonable degree of certainty. "Net benefit" | ||||||
13 | means the difference, exclusive of interest, between the final | ||||||
14 | judgment or settlement and the last written offer made by the | ||||||
15 | condemning authority before the filing date of the condemnation | ||||||
16 | complaint. The award shall be calculated as follows, subject to | ||||||
17 | the Illinois Rules of Professional Conduct: | ||||||
18 | (1) 33% of the net benefit if the net benefit is | ||||||
19 | $250,000 or less; | ||||||
20 | (2) 25% of the net benefit if the net benefit is more | ||||||
21 | than $250,000 but less than $1 million; or | ||||||
22 | (3) 20% of the net benefit if the net benefit is $1 | ||||||
23 | million or more. | ||||||
24 | (g) This Section does not apply to the acquisition of | ||||||
25 | property under the O'Hare Modernization Act , Section 4-505 of | ||||||
26 | the Illinois Highway Code, the Illinois Aeronautics Act, or for |
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1 | the purpose of development or redevelopment of any publicly | ||||||
2 | owned airport .
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3 | (Source: P.A. 94-1055, eff. 1-1-07.) | ||||||
4 | (735 ILCS 30/15-1-5)
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5 | Sec. 15-1-5. Grants of power in other statutes; this Act | ||||||
6 | controls. The State of Illinois and its various subdivisions | ||||||
7 | and agencies, and all units of local government, school | ||||||
8 | districts, and other entities, have the powers of condemnation | ||||||
9 | and eminent domain that are (i) expressly provided in this Act | ||||||
10 | or (ii) expressly provided in any other provision of law. Those | ||||||
11 | powers may be exercised, however, only in accordance with this | ||||||
12 | Act. If any power of condemnation or eminent domain that arises | ||||||
13 | under any other provision of law is in conflict with this Act, | ||||||
14 | this Act controls. This Section does not apply to the | ||||||
15 | acquisition or damaging of property under the O'Hare | ||||||
16 | Modernization Act , Section 4-505 of the Illinois Highway Code, | ||||||
17 | the Illinois Aeronautics Act, or for the purpose of development | ||||||
18 | or redevelopment of any publicly owned airport .
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19 | (Source: P.A. 94-1055, eff. 1-1-07.)
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20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.
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