093_HR0454enr

HR0454 Enrolled                      LRB093 10616 WGH 10905 r

 1                        HOUSE RESOLUTION 454

 2        WHEREAS, The  Constitution  of  the  State  of  Illinois,
 3    Article 1, Section 15 states that "Private property shall not
 4    be  taken or damaged for public use without just compensation
 5    as provided by law.  Such compensation shall be determined by
 6    a jury as provided by law"; and

 7        WHEREAS, Quick-take powers were originally  intended  for
 8    the  acquisition  of property to be used for public purposes,
 9    not private purposes; therefore be it

10        RESOLVED,  BY  THE  HOUSE  OF  REPRESENTATIVES   OF   THE
11    NINETY-THIRD  GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that
12    before the State or a unit of local  government  may  request
13    House  approval  of  legislation authorizing the State or the
14    unit of local  government  to  acquire  property  by  eminent
15    domain  using  "quick-take" powers under Section 7-103 of the
16    Code of Civil Procedure, the  State  or  the  unit  of  local
17    government must comply with all of the following procedures:
18             (1)  The  State or the unit of local government must
19        notify each owner of an  interest  in  the  property,  by
20        certified mail, of the intention of the State or the unit
21        of local government to request approval of legislation by
22        the General Assembly authorizing the State or the unit of
23        local  government  to  acquire  the  property  by eminent
24        domain using "quick-take" powers under Section  7-103  of
25        the Code of Civil Procedure.
26             (2)  The  State or the unit of local government must
27        cause notice of its intention to request authorization to
28        acquire the property by eminent domain using "quick-take"
29        powers  to  be  published  in  a  newspaper  of   general
30        circulation in the territory sought to be acquired by the
31        State or the unit of local government.
32             (3)  Following the notices required under paragraphs
33        (1)  and  (2),  the State or the unit of local government
 
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 1        must hold at least one public hearing, at the place where
 2        the unit of local government normally holds its  business
 3        meetings  (or,  in  the  case  of  property  sought to be
 4        acquired by the State: (i) at a location in the county in
 5        which the property sought to be acquired by the State  is
 6        located,  or  (ii)  if  the  property  is located in Cook
 7        County, at a  location  in  the  township  in  which  the
 8        property  is located, or (iii) if the property is located
 9        in 2 adjacent counties other than Cook  County  or  in  2
10        adjacent  townships  in Cook County, at a location in the
11        county or in the township in Cook  County  in  which  the
12        majority  of  the  property  is  located,  or (iv) if the
13        property is  located  in  Cook  County  and  an  adjacent
14        county,  at  a  location  in  the  other county or in the
15        township in Cook County in  which  the  majority  of  the
16        property  is located), on the question of the acquisition
17        of the property  by  the  State  or  the  unit  of  local
18        government by eminent domain using "quick-take" powers.
19             (4)  In  the  case of property sought to be acquired
20        by a unit  of  local  government,  following  the  public
21        hearing or hearings held under paragraph (3), the unit of
22        local   government   must  adopt,  by  recorded  vote,  a
23        resolution to request  approval  of  legislation  by  the
24        General Assembly authorizing the unit of local government
25        to   acquire   the   property  by  eminent  domain  using
26        "quick-take" powers under Section 7-103 of  the  Code  of
27        Civil  Procedure. The resolution must include a statement
28        of the  time  period  within  which  the  unit  of  local
29        government  requests  authority  to exercise "quick-take"
30        powers, which may not exceed one year.
31             (5)  Following the public hearing or  hearings  held
32        under  paragraph (3), and not less than 30 days following
33        the notice to the property owner or owners required under
34        paragraph (1), the head of the appropriate State  office,
 
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 1        department,  or  agency  or the chief elected official of
 2        the unit of local government must submit to the  Chairman
 3        and   Minority   Spokesperson   of  the  House  Executive
 4        Committee a sworn, notarized affidavit that states all of
 5        the following:
 6                  (A)  The legal description of the property.
 7                  (B)  The street address of the property.
 8                  (C)  The name of each State Senator  and  State
 9             Representative  who represents the territory that is
10             the subject of the proposed taking.
11                  (D)  The date or dates on which  the  State  or
12             the  unit  of  local  government contacted each such
13             State Senator and  State  Representative  concerning
14             the  intention  of  the  State  or the unit of local
15             government to request approval of legislation by the
16             General Assembly authorizing the State or  the  unit
17             of  local  government  to  acquire  the  property by
18             eminent domain using "quick-take" powers.
19                  (E)  The current name, address,  and  telephone
20             number of each owner of an interest in the property.
21                  (F)  A  summary of all negotiations between the
22             State or the unit of local government and the  owner
23             or owners of the property concerning the sale of the
24             property   to   the  State  or  the  unit  of  local
25             government.
26                  (G)   A statement of the date and  location  of
27             each public hearing held under paragraph (3).
28                  (H)  A  statement  of  the  public  purpose for
29             which the State or  the  unit  of  local  government
30             seeks to acquire the property.
31             The affidavit must also contain the certification of
32        the  head of the appropriate State office, department, or
33        agency or the chief elected official of the unit of local
34        government that (i) the property is  located  within  the
 
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 1        territory under the jurisdiction of the State or the unit
 2        of  local  government  and  (ii) the State or the unit of
 3        local government seeks to  acquire  the  property  for  a
 4        public purpose.
 5             (6)  Together  with  the  affidavit  submitted under
 6        paragraph (5), the head of the appropriate State  office,
 7        department,  or  agency  or the chief elected official of
 8        the unit of local government must  submit  the  following
 9        items  to  the  Chairman and Minority Spokesperson of the
10        House Executive Committee:
11                  (A)  A map of the area in which the property to
12             be acquired is located, showing the location of  the
13             property.
14                  (B)  Photographs of the property.
15                  (C)  An  appraisal  of  the  property by a real
16             estate appraiser who is certified or licensed  under
17             the Real Estate Appraiser Licensing Act of 2002.
18                  (D)  In  the  case  of  property  sought  to be
19             acquired by a unit of local government,  a  copy  of
20             the   resolution   adopted  by  the  unit  of  local
21             government under paragraph (4).
22                  (E)  Documentation of the  public  purpose  for
23             which  the  State  or  the  unit of local government
24             seeks to acquire the property.
25                  (F)  A copy of each notice sent to an owner  of
26             an interest in the property under paragraph (1); and
27             be it further

28        RESOLVED,  That every affidavit submitted by the State or
29    a unit of  local  government  pursuant  to  this  Resolution,
30    together  with  all  documents and other items submitted with
31    the affidavit, must be made  available  to  any  person  upon
32    request for inspection and copying.