093_SB1693

 
                                     LRB093 07821 DRJ 08010 b

 1        AN ACT in relation to civil procedure.

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

 4        Section  5.  The  Code  of  Civil Procedure is amended by
 5    adding Section 7-101.5 as follows:

 6        (735 ILCS 5/7-101.5 new)
 7        Sec. 7-101.5.  Condemnation for public use only.
 8        (a)  The State, a political subdivision of the State,  or
 9    a municipality may take or damage private property under this
10    Article  only  for  a  public  use.  The  State,  a political
11    subdivision of the State, or a municipality may not  take  or
12    damage private property under this Article for the purpose of
13    transferring the property to a private for-profit entity.
14        (b)  A  home  rule  unit  may  not regulate the taking or
15    damaging of private property in a  manner  inconsistent  with
16    the  regulation  by  the  State  of the taking or damaging of
17    private property  under  this  Section.  This  Section  is  a
18    limitation  under  subsection (i) of Section 6 of Article VII
19    of the Illinois Constitution on the  concurrent  exercise  by
20    home  rule  units  of  powers  and functions exercised by the
21    State.

22        Section 99.  Effective date. This Act takes  effect  upon
23    becoming law.