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Rep. Barbara Flynn Currie
Filed: 6/30/2016
| | 09900SB2562ham005 | | LRB099 17003 HEP 49769 a |
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| 1 | | AMENDMENT TO SENATE BILL 2562
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2562, AS AMENDED, |
| 3 | | with reference to page and line numbers of House Amendment No. |
| 4 | | 2, on page 115, by inserting immediately below line 15 the |
| 5 | | following:
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| 6 | | "Section 10. The Eminent Domain Act is amended by changing |
| 7 | | Section 10-5-65 as follows:
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| 8 | | (735 ILCS 30/10-5-65) (was 735 ILCS 5/7-122)
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| 9 | | Sec. 10-5-65. Reimbursement; inverse condemnation. |
| 10 | | (a) Except as provided in subsection (b), when When the |
| 11 | | condemning authority is required by a court to initiate |
| 12 | | condemnation
proceedings for the actual physical taking of real |
| 13 | | property, the court
rendering judgment for the property owner |
| 14 | | and awarding just compensation
for the taking shall determine |
| 15 | | and award or allow to the property
owner, as part of that |
| 16 | | judgment or award, further sums as will, in
the opinion of the |
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| | 09900SB2562ham005 | - 2 - | LRB099 17003 HEP 49769 a |
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| 1 | | court, reimburse the property owner for the owner's
reasonable |
| 2 | | costs, disbursements, and expenses, including reasonable
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| 3 | | attorney, appraisal, and engineering fees actually incurred by |
| 4 | | the
property owner in those proceedings. |
| 5 | | (b) When the condemning authority is required to initiate |
| 6 | | condemnation proceedings of property impacted directly or |
| 7 | | indirectly by the Chicago Transit Authority Red-Purple |
| 8 | | Modernization Project, the court rendering judgment for the |
| 9 | | property owner and awarding just compensation for the taking |
| 10 | | shall determine and award or allow to the property owner, as |
| 11 | | part of that judgment or award, further sums as will, in the |
| 12 | | opinion of the court, reimburse the property owner for the |
| 13 | | owner's reasonable costs, disbursements, diminution, and |
| 14 | | expenses, including reasonable attorney, appraisal, and |
| 15 | | engineering fees actually incurred by the property owner in |
| 16 | | those proceedings. |
| 17 | | (Source: P.A. 94-1055, eff. 1-1-07.)".
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