Rep. Lisa M. Dugan

Filed: 10/29/2009

 

 


 

 


 
09600SB0267ham002 LRB096 04158 AJO 30629 a

1
AMENDMENT TO SENATE BILL 267

2     AMENDMENT NO. ______. Amend Senate Bill 267, AS AMENDED,
3 with reference to page and line numbers of House Amendment No.
4 1, on page 4, by replacing lines 1 through 26 with the
5 following:
 
6 "Domain Act. However, with respect to any condemnation or
7 eminent domain action filed by the Department on or after
8 August 26, 2009 to acquire property for the South Suburban
9 Airport and for which the court is prepared to enter a final
10 judgment, if the Federal Aviation Administration has not
11 rendered a final decision approving the South Suburban
12 Airport's airport layout plan, the court shall enter a judgment
13 that provides that (i) unless and until the Federal Aviation
14 Administration renders a final decision approving the South
15 Suburban Airport's airport layout plan or the condemnee elects
16 to accept the just compensation amount, the just compensation
17 amount stated in the judgment due to the condemnee shall not be

 

 

09600SB0267ham002 - 2 - LRB096 04158 AJO 30629 a

1 paid by the Department and the Department shall not be vested
2 with title to the property which is the subject of the eminent
3 domain action and (ii) if the Federal Aviation Administration
4 renders a final decision that does not approve of the South
5 Suburban Airport's layout plan, the condemnee shall not receive
6 the just compensation stated in the judgment and the State
7 shall not receive title to the property. This proceeding shall
8 be governed by subsection (b) of Section 5-5-5 of the Eminent
9 Domain Act. For purposes of this Section, "South Suburban
10 Airport" means the airport to be developed on a site located in
11 Will County and approved by the Federal Aviation Administration
12 in the Record of Decision for Tier 1: FAA Site Approval and
13 Land Acquisition by the State of Illinois, Proposed South
14 Suburban Airport, Will County, Illinois, dated July 2002. The
15 changes made by this amendatory Act of the 96th General
16 Assembly apply to actions commenced on or pending on or after
17 the effective date of this amendatory Act of the 96th General
18 Assembly.".