104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1452
 
Introduced 1/28/2025, by Rep. Charles Meier
 
SYNOPSIS AS INTRODUCED:
 
735 ILCS 30/20-5-20  was 735 ILCS 5/7-106
    Amends the Eminent Domain Act concerning quick-take procedures. Provides that at any time after the plaintiff has taken possession of the property, but no later than 2 years after the plaintiff has taken possession of the property, the court shall notify the interested parties of their right to apply for authority to withdraw any just compensation due to them.


LRB104 07128 JRC 17165 b

 
 
A BILL FOR
 
HB1452LRB104 07128 JRC 17165 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The Eminent Domain Act is amended by changing 
5Section 20-5-20 as follows:
 
6    (735 ILCS 30/20-5-20)  (was 735 ILCS 5/7-106)
7    Sec. 20-5-20. Withdrawal by persons having an interest. At 
8any time after the plaintiff has taken possession of the 
9property pursuant to the order of taking, if an appeal has not 
10been and will not be taken from the court's order described in 
11subsection (b) of Section 20-5-10 of this Act, or if such an 
12appeal has been taken and has been determined in favor of the 
13plaintiff, any party interested in the property may apply to 
14the court for authority to withdraw, for his or her own use, 
15his or her share (or any part thereof) of the amount 
16preliminarily found by the court to be just compensation and 
17deposited by the plaintiff, in accordance with the provisions 
18of subsection (a) of Section 20-5-15 of this Act, as that share 
19is determined by the court. The court shall then fix a date for 
20a hearing on the application for authority to withdraw and 
21shall require due notice of the application to be given to each 
22party whose interests would be affected by the withdrawal. 
23After the hearing, the court may authorize the withdrawal 
 
 
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1requested, or any part thereof as is proper, but upon the 
2condition that the party making the withdrawal shall refund to 
3the clerk of the court, upon the entry of a proper court order, 
4any portion of the amount withdrawn that exceeds the amount 
5finally ascertained in the proceeding to be just compensation 
6(or damages, costs, expenses, or attorney fees) owing to that 
7party. At any time after the plaintiff has taken possession of 
8the property, but no later than 2 years after the plaintiff has 
9taken possession of the property, the court shall notify the 
10interested parties of their right to apply for authority to 
11withdraw any just compensation due to them. 
12(Source: P.A. 94-1055, eff. 1-1-07.)