Full Text of SB2664 94th General Assembly
SB2664 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2664
Introduced 1/20/2006, by Sen. M. Maggie Crotty SYNOPSIS AS INTRODUCED: |
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70 ILCS 2405/8 |
from Ch. 42, par. 307 |
735 ILCS 5/7-102 |
from Ch. 110, par. 7-102 |
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Amends the Sanitary District Act of 1917 and the Code of Civil Procedure. Provides that no prior approval of the Illinois Commerce Commission shall be required for the condemnation of sewage collection and treatment works owned by a public utility and located within the boundaries of the sanitary district if the district continues to operate the works as a sewage collection and treatment system. Effective immediately.
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A BILL FOR
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SB2664 |
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LRB094 19033 HLH 54528 b |
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| AN ACT concerning local government.
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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 Sanitary District Act of 1917 is amended by | 5 |
| changing Section 8 as follows:
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| (70 ILCS 2405/8) (from Ch. 42, par. 307)
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| Sec. 8. The sanitary district may acquire by purchase, | 8 |
| condemnation, or
otherwise all real and personal property, | 9 |
| right of way and privilege,
either within or without its | 10 |
| corporate limits that may be required for its
corporate | 11 |
| purposes. If real property is acquired by condemnation, the
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| sanitary district may not sell or lease any
portion of the | 13 |
| property
for a
period of 10
years after acquisition by | 14 |
| condemnation is completed. If, after such 10-year
period, the | 15 |
| sanitary district decides to sell or lease the property, it | 16 |
| must
first offer the property for sale or lease to the previous | 17 |
| owner of the land
from whom the sanitary district acquired the | 18 |
| property. If the sanitary
district and such previous owner do | 19 |
| not execute a contract for purchase or
lease of the property | 20 |
| within 60 days from the initial offer, the sanitary
district | 21 |
| then may offer the property for sale or lease to any other | 22 |
| person.
For the purposes of this Section no prior approval of | 23 |
| the Illinois Commerce Commission shall be required for | 24 |
| condemnation of sewage collection or treatment works owned by a | 25 |
| public utility and located within the boundaries of the | 26 |
| sanitary district if the works are to be used by the sanitary | 27 |
| district either by operating the works as a separate system or | 28 |
| incorporating it into the sewage collection or treatment system | 29 |
| of the sanitary district. If any district formed under this Act | 30 |
| is unable to
agree with any other sanitary district upon the | 31 |
| terms whereby it shall be
permitted to use the drains, channels | 32 |
| or ditches of such other sanitary
district, the right to such |
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SB2664 |
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LRB094 19033 HLH 54528 b |
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| use may be acquired by condemnation in any
circuit court by | 2 |
| proceedings as provided in Section 4-17 of the Illinois
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| Drainage Code. The compensation to be paid for such use may be | 4 |
| a gross sum,
or it may be in the form of an annual rental, to be | 5 |
| paid in yearly
installments as provided by the judgment of the | 6 |
| court wherein
such proceedings may be had. However, when such | 7 |
| compensation is fixed at a
gross sum all moneys for the | 8 |
| purchase and condemnation of any property
shall be paid before | 9 |
| possession is taken or any work done on the premises
damaged by | 10 |
| the construction of such channel or outlet, and in case of an
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| appeal from the circuit court taken by either party whereby the | 12 |
| amount of
damages is not finally determined, then possession | 13 |
| may be taken, if the
amount of judgment in such court is | 14 |
| deposited at some bank or savings
and loan association to be | 15 |
| designated by the court, subject to the payment
of such damages | 16 |
| on orders signed by the circuit court, whenever the amount
of | 17 |
| damages is finally determined. The sanitary district may sell, | 18 |
| convey,
vacate and release the real or personal property, right | 19 |
| of way and privileges
acquired by it when no longer required | 20 |
| for the purposes of the district.
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| (Source: P.A. 90-558, eff. 12-12-97.)
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| Section 10. The Code of Civil Procedure is amended by | 23 |
| changing Section 7-102 as follows:
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| (735 ILCS 5/7-102) (from Ch. 110, par. 7-102)
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| Sec. 7-102. Parties. Where the right to take private | 26 |
| property for public
use, without the owner's consent or the | 27 |
| right to construct or maintain any
public road, railroad, | 28 |
| plankroad, turnpike road, canal or other public
work or | 29 |
| improvement, or which may damage property not actually taken | 30 |
| has
been heretofore or shall hereafter be conferred by general | 31 |
| law or
special charter upon any corporate or municipal | 32 |
| authority, public body,
officer or agent, person, commissioner | 33 |
| or corporation and the
compensation to be paid for or in | 34 |
| respect of the property sought to be
appropriated or damaged |
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| for the purposes mentioned cannot be
agreed upon by the parties | 2 |
| interested, or in case the owner of the
property is incapable | 3 |
| of consenting, or the owner's name or residence is
unknown, or | 4 |
| the owner is a nonresident of the state, the party authorized | 5 |
| to
take or damage the property so required, or to construct, | 6 |
| operate and
maintain any public road, railroad, plankroad, | 7 |
| turnpike road, canal or
other public work or improvement, may | 8 |
| apply to the circuit court of the
county where the property or | 9 |
| any part thereof is situated, by filing
with the clerk a | 10 |
| complaint, setting forth, by reference, his, her or their
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| authority in the premises, the purpose for which the property | 12 |
| is sought
to be taken or damaged, a description of the | 13 |
| property, the names of all
persons interested therein as owners | 14 |
| or otherwise as appearing of
record, if known, or if not known | 15 |
| stating that fact and praying such
court to cause the | 16 |
| compensation to be paid to the owner to be assessed.
If it | 17 |
| appears that any person not in being, upon coming into being, | 18 |
| is,
or may become or may claim to be, entitled to any interest | 19 |
| in the
property sought to be appropriated or damaged the court | 20 |
| shall appoint
some competent and disinterested person as | 21 |
| guardian ad litem, to appear
for and represent such interest in | 22 |
| the proceeding and to defend the
proceeding on behalf of the | 23 |
| person not in being, and any judgment
entered in the proceeding | 24 |
| shall be as effectual for all purposes
as though the person was | 25 |
| in being and was a party to the proceeding. If
the proceeding | 26 |
| seeks to affect the property of persons under guardianship,
the | 27 |
| guardians shall be made parties defendant. Persons interested, | 28 |
| whose
names are unknown, may be made parties defendant by the | 29 |
| same
descriptions and in the same manner as provided in other | 30 |
| civil cases.
Where the property to be taken or damaged is a | 31 |
| common element of
property subject to a declaration of | 32 |
| condominium ownership pursuant to the
Condominium Property Act | 33 |
| or of a common interest community, the complaint
shall name the | 34 |
| unit owners' association in lieu of naming the individual
unit | 35 |
| owners and lienholders on individual units. Unit owners, | 36 |
| mortgagees
and other lienholders may intervene as parties |
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| defendant. For the purposes
of this Section "common interest | 2 |
| community" shall have the same meaning as
set forth in | 3 |
| subsection (c) of Section 9-102 of the Code of Civil
Procedure. | 4 |
| "Unit owners' association" or "association" shall refer to both
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| the definition contained in Section 2 of the Condominium | 6 |
| Property Act and
subsection (c) of Section 9-102 of the Code of | 7 |
| Civil Procedure.
Where the property is sought to be taken or | 8 |
| damaged by the state for the
purposes of establishing, | 9 |
| operating or maintaining any state house or
state charitable or | 10 |
| other institutions or improvements, the complaint
shall be | 11 |
| signed by the governor or such other person as he or she shall
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| direct, or as is provided by law. No property, except property | 13 |
| described in
either Section 3 of the Sports Stadium Act ,
or
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| Article 11, Division 139, of
the Illinois Municipal Code , | 15 |
| Section 8 of the Sanitary District Act of 1917, and property | 16 |
| described as Site B in Section 2
of the Metropolitan Pier and | 17 |
| Exposition Authority Act, belonging to a
railroad or other | 18 |
| public utility subject to the jurisdiction of the
Illinois | 19 |
| Commerce Commission may be taken or damaged, pursuant to the
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| provisions of Article VII of this Act, without the prior | 21 |
| approval
of the Illinois Commerce Commission. This amendatory | 22 |
| Act of 1991 (Public
Act 87-760) is declaratory of existing law | 23 |
| and is intended to remove
possible ambiguities, thereby | 24 |
| confirming the existing meaning of the Code
of Civil Procedure | 25 |
| and of the Illinois Municipal Code in effect before
January 1, | 26 |
| 1992 (the effective date of Public Act 87-760).
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| (Source: P.A. 89-683, eff.
6-1-97; 90-6, eff. 6-3-97.)
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| Section 99. Effective date. This Act takes effect upon | 29 |
| becoming law.
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