Full Text of HB4282 93rd General Assembly
HB4282 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4282
Introduced 1/30/2004, by Thomas Holbrook SYNOPSIS AS INTRODUCED: |
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Amends the Code of Civil Procedure. Provides policies for quick-take proceedings by the Southwestern Illinois Development Authority.
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A BILL FOR
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| AN ACT concerning quick takes.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Civil Procedure is amended by | 5 |
| changing Section 7-103.70 as follows: | 6 |
| (735 ILCS 5/7-103.70)
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| Sec. 7-103.70. Quick-take;
Southwestern Illinois | 8 |
| Development Authority (SWIDA) . | 9 |
| (a)
Quick-take proceedings under Section 7-103 may be used
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| for a period from August 30, 2003 to August 30, 2005 , subject | 11 |
| to the written approval of the Secretary of the Illinois | 12 |
| Department of
Transportation based upon the overall economic | 13 |
| development and fiscal plans
and needs of the State of | 14 |
| Illinois, by the
Southwestern
Illinois Development Authority | 15 |
| pursuant to the Southwestern Illinois
Development Authority | 16 |
| Act for a project as defined in Section 3 of that Act.
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| (b) Any proposed project invoking the quick-take process | 18 |
| must comply with Section 7-103 of the Code of Civil Procedure | 19 |
| and the mission statement of SWIDA as adopted by the Board on | 20 |
| August 17, 1989. The project must meet stated and specific | 21 |
| economic development goals resulting in identifiable business | 22 |
| location, business retention, substantial job creation or | 23 |
| retention, or substantial capital development within the | 24 |
| jurisdictional boundaries of SWIDA.
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| (c) Quick-take shall be undertaken by SWIDA only as a last | 26 |
| resort and only after efforts to purchase property in | 27 |
| accordance with the Illinois Constitution and the Code of Civil | 28 |
| Procedure have been satisfied in a manner that conforms with | 29 |
| the referenced laws. At a minimum, any motion for taking of | 30 |
| property approved by the SWIDA Board shall include:
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| (1) an accurate description of the property to which | 32 |
| the motion relates and the estate or interest sought to be |
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| acquired therein;
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| (2) a formally adopted schedule or plan of operation | 3 |
| for the execution of the project;
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| (3) the situation of the property to which the motion | 5 |
| relates, with respect to the schedule or plan;
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| (4) the necessity for taking the property in the manner | 7 |
| requested in the motion; and
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| (5) if the property to be taken is owned, leased, | 9 |
| controlled or operated and used by, or necessary for the | 10 |
| actual operation of, any interstate common carrier or other | 11 |
| public utility subject to the jurisdiction of the Illinois | 12 |
| Commerce Commission, a statement to the effect that the | 13 |
| approval of the proposed taking has been secured from the | 14 |
| Commission, and shall attach a certified copy of the order | 15 |
| of the Commission granting the approval to the motion. If | 16 |
| the schedule or plan of operation is not set forth fully in | 17 |
| the motion, a copy of the schedule or plan shall be | 18 |
| attached to the motion.
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| (d) SWIDA may invoke quick-take directly or on behalf of | 20 |
| another unit of government or a private party. In all cases, | 21 |
| the legislative requirements and procedures referenced in | 22 |
| subsection (b) of this Section must be satisfied. If title may | 23 |
| be subsequently transferred to a private party by a unit of | 24 |
| government, the unit of government must submit to SWIDA a copy | 25 |
| of its agreement with the private party and must certify that | 26 |
| the agreement was entered into pursuant to all applicable | 27 |
| local, State, and federal laws. Additional requirements and | 28 |
| conditions that are deemed appropriate by the SWIDA Board of | 29 |
| Directors may be incorporated in an Intergovernmental | 30 |
| Agreement that must be executed between SWIDA and the unit of | 31 |
| government as a prerequisite to SWIDA's use of quick-take | 32 |
| powers to assist a unit of government.
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| (e) SWIDA shall:
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| (1) only utilize its quick-take powers to promote | 35 |
| development in Clinton, Madison, and St. Clair counties and | 36 |
| to assist in the development, construction, and |
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| acquisition of industrial, commercial, housing, | 2 |
| residential, or local government "projects" as that term is | 3 |
| used in subsection (n) of Section 3 of the Southwestern | 4 |
| Illinois Development Authority Act;
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| (2) require verification that the project depends upon | 6 |
| the successful land acquisition proposed and that the | 7 |
| exercise of quick-take authority is necessary for the | 8 |
| successful completion of the project;
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| (3) require that a Board-approved intergovernmental | 10 |
| agreement be entered into between the unit or units of | 11 |
| government and SWIDA prior to the exercise of any | 12 |
| quick-take powers by SWIDA to assist any other unit of | 13 |
| government. The intergovernmental agreement shall provide, | 14 |
| among other things, (i) the obligation by the unit of | 15 |
| government to pay all the costs and expenses incurred by | 16 |
| SWIDA in acquiring title to the property through the use of | 17 |
| its eminent domain and quick-take authority and (ii) the | 18 |
| indemnification of SWIDA by the unit of government in | 19 |
| connection with the acquisition. The intergovernmental | 20 |
| agreement must also provide for the payment by the unit of | 21 |
| government of an administrative fee in accordance with the | 22 |
| established fee schedule;
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| (4) hold a public hearing prior to Board action on any | 24 |
| quick-take application;
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| (5) identify any and all sources for the statutory | 26 |
| authority for the taking;
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| (6) identify the specific benefits of the proposed | 28 |
| project to the public, such as elimination of blight or | 29 |
| deterioration, revitalization of the economy, creation of | 30 |
| jobs, or increase in tax base, and be certain to back up | 31 |
| these goals with studies, data, and the dissemination to | 32 |
| the public of the supporting information;
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| (7) verify that the developer has engaged in good faith | 34 |
| negotiations with the property owner for the purchase of | 35 |
| the land;
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| (8) be prepared to show and make relevant findings to |
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| the effect that the development project could not proceed | 2 |
| without the governmental body's intervention and | 3 |
| assistance in property acquisition or assembly;
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| (9) consider conducting a public hearing on the project | 5 |
| even if one is not required by law, but be certain that the | 6 |
| project's proponents are well-equipped with demonstrable | 7 |
| specifics about the need for the project, the need for a | 8 |
| public incentive, and the public benefit to be derived;
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| (10) verify that the developer is creditworthy but | 10 |
| still in need of some public incentive;
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| (11) be prepared to respond to an objector's claim that | 12 |
| the developer has the independent means both financially | 13 |
| and strategically to achieve its goal through | 14 |
| implementation of a feasible and economic alternative | 15 |
| plan;
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| (12) if the project is an expansion of an existing use | 17 |
| or addition to an existing facility, be able to support the | 18 |
| contentions of the detractors of the plan that the | 19 |
| expansion or addition is solely for the benefit of the | 20 |
| developer and that the original project cured the problems | 21 |
| it was intended to solve;
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| (13) consider whether it can be shown, or if it is | 23 |
| necessary or advisable, that the existing uses of the | 24 |
| property proposed for taking are not consistent with the | 25 |
| development plans for the area and that the property is not | 26 |
| contributing any benefit or any significant benefit to the | 27 |
| community; and
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| (14) notify each State Senator and State | 29 |
| Representative whose district is impacted by the intention | 30 |
| to acquire property by quick-take process. The | 31 |
| notification shall include:
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| (A) a map of the area in which the property to be | 33 |
| acquired is located, showing the location of the | 34 |
| property;
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| (B) photographs of the property;
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| (C) an appraisal of the property by a real estate |
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| appraiser who is certified or licensed under the Real | 2 |
| Estate Appraiser Licensing Act of 2002;
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| (D) a copy of the resolution adopted by the unit of | 4 |
| local government;
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| (E) documentation of the public purpose for which | 6 |
| quick-take is sought to acquire the property; and
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| (F) a copy of each notice sent to an owner of an | 8 |
| interest in the property.
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| (f) SWIDA shall not enter into an agreement with either a | 10 |
| private party or a unit of government unless and until the | 11 |
| governmental authority of the municipality within which SWIDA | 12 |
| would exercise its quick-take powers has authorized SWIDA to | 13 |
| use this power or unless and until the county board of the | 14 |
| county within which SWIDA would exercise the powers has so | 15 |
| authorized SWIDA.
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| (g) The Board of SWIDA shall require a project developer, | 17 |
| if a private party, to enter into an agreement with SWIDA in | 18 |
| writing in advance of SWIDA's commencement of quick-take | 19 |
| proceedings. This agreement shall set forth the respective | 20 |
| obligations of SWIDA and the private party with respect to the | 21 |
| use by SWIDA of its quick-take powers and shall provide, among | 22 |
| other things, for (i) the obligation by the project developer | 23 |
| to pay all the costs and expenses incurred by SWIDA in | 24 |
| acquiring title to the property through the use of its eminent | 25 |
| domain and quick-take authority and (ii) the indemnification of | 26 |
| SWIDA by the project developer in connection with the | 27 |
| acquisition. The agreement must also provide for the payment by | 28 |
| the project developer of an administrative fee in accordance | 29 |
| with the established fee schedule.
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| (h) SWIDA may exercise its quick-take authority through an | 31 |
| agent who shall be selected based upon knowledge and expertise | 32 |
| in land acquisition procedures or relocation procedures. The | 33 |
| agent may be a firm, a person, or another governmental agency. | 34 |
| It shall be the responsibility of the project developer or unit | 35 |
| of government to pay the cost for the agent who will be charged | 36 |
| with fulfilling the requirements of all applicable laws as they |
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| apply to the project. The cost of the agent and any additional | 2 |
| costs incurred by SWIDA, its Board, its employees, or its | 3 |
| attorney shall be the responsibility of the project developer | 4 |
| or unit of government to which SWIDA is lending its assistance.
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| (Source: P.A. 93-602, eff. 11-18-03.)
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