Sen. Randall M. Hultgren
Filed: 6/6/2007
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 1926
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 1926 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The School Code is amended by adding Section | ||||||
5 | 16-6.1 as follows: | ||||||
6 | (105 ILCS 5/16-6.1 new) | ||||||
7 | Sec. 16-6.1. Immediate Possession of Lands for School | ||||||
8 | Purposes. Notwithstanding any other provision of this Article | ||||||
9 | or the provisions of any other law, a unit school district | ||||||
10 | shall, upon written motion, be vested with the fee simple title | ||||||
11 | to the real property which is the subject of an eminent domain | ||||||
12 | proceeding filed pursuant to Section 10-22.35A and Section 16-6 | ||||||
13 | and be authorized to take possession of and use such property | ||||||
14 | immediately for the construction of a high school building, and | ||||||
15 | facilities ancillary thereto, if all of the following | ||||||
16 | conditions are met: |
| |||||||
| |||||||
1 | (1) the school district has an equalized assessed | ||||||
2 | valuation for calendar year 2006 of at least $4,500,000,000 | ||||||
3 | and an enrollment for the 2006-2007 school year of at least | ||||||
4 | 28,000; | ||||||
5 | (2) at least 58% of those voting in a general primary | ||||||
6 | election held prior to November 2006 approved a proposition | ||||||
7 | for the construction of the high school building and the | ||||||
8 | issuance of $124,660,000 general obligation bonds for the | ||||||
9 | purpose of paying the costs thereof; | ||||||
10 | (3) the eminent domain proceeding was filed on or | ||||||
11 | before December 23, 2005 for the acquisition of a vacant | ||||||
12 | parcel of land containing approximately 55 acres in a | ||||||
13 | county contiguous to a county with 3,000,000 or more | ||||||
14 | inhabitants; | ||||||
15 | (4) the circuit court in which such proceeding is | ||||||
16 | pending entered its order, on or before November 17, 2006, | ||||||
17 | denying defendants' traverse motion and motion to dismiss | ||||||
18 | and finding, among other things, that the board of | ||||||
19 | education made a bona fide attempt to agree with the | ||||||
20 | property owner on the compensation to be paid to acquire | ||||||
21 | the subject property, but was unable to do so, thereby | ||||||
22 | authorizing the filing of a condemnation action; | ||||||
23 | (5) the school district waives its right to dismiss the | ||||||
24 | complaint, or to abandon the proceeding, as to all or any | ||||||
25 | part of the property so taken; and | ||||||
26 | (6) the school district deposits the sum of $500,000 |
| |||||||
| |||||||
1 | per acre with the county treasurer who shall invest the | ||||||
2 | deposit in an interest-bearing account for the benefit of | ||||||
3 | the parties to the action. The deposit and accrued interest | ||||||
4 | shall be held by the treasurer until entry of a final and | ||||||
5 | non-appealable order by the circuit court determining the | ||||||
6 | just compensation to be paid for the property. Upon entry | ||||||
7 | of such final and non-appealable order, the treasurer shall | ||||||
8 | disburse the just compensation to the owners and any excess | ||||||
9 | deposit to the school district. Interest accrued on the | ||||||
10 | deposit shall be disbursed to the owners and the school | ||||||
11 | district in the same proportion as the principal deposit is | ||||||
12 | disbursed to the owners and the school district. In the | ||||||
13 | event the deposit and all accrued interest are insufficient | ||||||
14 | to satisfy the award of just compensation determined in | ||||||
15 | such final and non-appealable order, then the school | ||||||
16 | district shall pay such deficiency, together with judgment | ||||||
17 | interest accruing from the date of such final and | ||||||
18 | non-appealable order within 30 days. In no event shall the | ||||||
19 | amount of the deposit be admissible as evidence in the | ||||||
20 | eminent domain proceeding. | ||||||
21 | In all other respects, said eminent domain proceeding shall | ||||||
22 | be governed by applicable law.
| ||||||
23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.".
|