Full Text of SB2664 94th General Assembly
SB2664sam001 94TH GENERAL ASSEMBLY
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Sen. M. Maggie Crotty
Filed: 2/15/2006
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| AMENDMENT TO SENATE BILL 2664
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| AMENDMENT NO. ______. Amend Senate Bill 2664 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Sanitary District Act of 1917 is amended by | 5 |
| changing Sections 8, 23.5, and 23.7 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 |
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| public utility and located within the boundaries of the | 2 |
| sanitary district if the works are to be used by the sanitary | 3 |
| district either by operating the works as a separate system or | 4 |
| incorporating it into the sewage collection or treatment system | 5 |
| of the sanitary district. If any district formed under this Act | 6 |
| is unable to
agree with any other sanitary district upon the | 7 |
| terms whereby it shall be
permitted to use the drains, channels | 8 |
| or ditches of such other sanitary
district, the right to such | 9 |
| use may be acquired by condemnation in any
circuit court by | 10 |
| 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 | 12 |
| a gross sum,
or it may be in the form of an annual rental, to be | 13 |
| paid in yearly
installments as provided by the judgment of the | 14 |
| court wherein
such proceedings may be had. However, when such | 15 |
| compensation is fixed at a
gross sum all moneys for the | 16 |
| purchase and condemnation of any property
shall be paid before | 17 |
| possession is taken or any work done on the premises
damaged by | 18 |
| 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 | 20 |
| amount of
damages is not finally determined, then possession | 21 |
| may be taken, if the
amount of judgment in such court is | 22 |
| deposited at some bank or savings
and loan association to be | 23 |
| designated by the court, subject to the payment
of such damages | 24 |
| on orders signed by the circuit court, whenever the amount
of | 25 |
| damages is finally determined. The sanitary district may sell, | 26 |
| convey,
vacate and release the real or personal property, right | 27 |
| of way and privileges
acquired by it when no longer required | 28 |
| for the purposes of the district.
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| (Source: P.A. 90-558, eff. 12-12-97.)
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| (70 ILCS 2405/23.5) (from Ch. 42, par. 317e.5)
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| Sec. 23.5. Any sanitary district may annex any territory | 32 |
| which is not
within the corporate limits of the sanitary | 33 |
| district but which is
contiguous to it and is served by the |
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| sanitary district or by a
municipality with sanitary sewers | 2 |
| that are connected and served by the
sanitary district by the | 3 |
| passage of an ordinance to that effect by the
board of | 4 |
| trustees, describing the territory to be annexed. A copy of the
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| ordinance with an accurate map of the annexed territory, | 6 |
| certified as
correct by the clerk of the district shall be | 7 |
| filed with the county clerk
of the county in which the annexed | 8 |
| territory is located. For purposes of
this Act, a property is | 9 |
| served by a sanitary district if a sewer that is
part of the | 10 |
| sanitary district's sewer system, part of the sewer system of a
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| municipality that is connected to the sanitary district, or | 12 |
| part of any
other sewer system that connects to and is served | 13 |
| by the sanitary district
has been extended to, across, or along | 14 |
| the property, whether or not the
buildings on the property are | 15 |
| physically connected to the sewer.
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| Territory that is not contiguous to a sanitary district but | 17 |
| is separated
from the sanitary district by
only a forest | 18 |
| preserve district may be annexed to the sanitary district under
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| this Section. The territory
included within the forest preserve | 20 |
| district shall not be annexed to the
sanitary district and | 21 |
| shall not be
subject to rights-of-way for access or services | 22 |
| between the parts of the
sanitary district separated by the
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| forest preserve district without the approval of the governing | 24 |
| body of the
forest preserve district.
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| (Source: P.A. 90-697, eff. 8-7-98.)
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| (70 ILCS 2405/23.7) (from Ch. 42, par. 317e.7)
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| Sec. 23.7. For purposes of this Act, territory to be | 28 |
| organized as a
sanitary district shall be considered to be | 29 |
| contiguous territory, and territory
to be annexed to a sanitary | 30 |
| district shall be considered to be contiguous
to the sanitary | 31 |
| district notwithstanding that the territory to be so organized
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| is divided by ,
one or more railroad rights-of-ways, public
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| easements, or property owned by a public utility
or
that the |
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| territory to be so annexed is separated from the sanitary | 2 |
| district
by , one or more railroad rights-of-ways, public | 3 |
| easements, or
property owned by a public utility , or property | 4 |
| owned by a forest preserve district or any public agency or | 5 |
| not-for-profit corporation, provided that the property does | 6 |
| not require sanitary sewer service . However, upon
such | 7 |
| organization or annexation, the area included within any such
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| right-of-way, public easement, or property owned by a public
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| utility , or property owned by a forest preserve district or any | 10 |
| public agency or not-for-profit corporation shall not be | 11 |
| considered a part of or
annexed to the sanitary district and | 12 |
| shall not be subject to rights-of-way for access or services | 13 |
| without the approval of the legal owner of the property .
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| (Source: P.A. 89-558, eff. 7-26-96.)
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| Section 10. The Code of Civil Procedure is amended by | 16 |
| 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 | 19 |
| property for public
use, without the owner's consent or the | 20 |
| right to construct or maintain any
public road, railroad, | 21 |
| plankroad, turnpike road, canal or other public
work or | 22 |
| improvement, or which may damage property not actually taken | 23 |
| has
been heretofore or shall hereafter be conferred by general | 24 |
| law or
special charter upon any corporate or municipal | 25 |
| authority, public body,
officer or agent, person, commissioner | 26 |
| or corporation and the
compensation to be paid for or in | 27 |
| respect of the property sought to be
appropriated or damaged | 28 |
| for the purposes mentioned cannot be
agreed upon by the parties | 29 |
| interested, or in case the owner of the
property is incapable | 30 |
| of consenting, or the owner's name or residence is
unknown, or | 31 |
| the owner is a nonresident of the state, the party authorized | 32 |
| to
take or damage the property so required, or to construct, |
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| operate and
maintain any public road, railroad, plankroad, | 2 |
| turnpike road, canal or
other public work or improvement, may | 3 |
| apply to the circuit court of the
county where the property or | 4 |
| any part thereof is situated, by filing
with the clerk a | 5 |
| complaint, setting forth, by reference, his, her or their
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| authority in the premises, the purpose for which the property | 7 |
| is sought
to be taken or damaged, a description of the | 8 |
| property, the names of all
persons interested therein as owners | 9 |
| or otherwise as appearing of
record, if known, or if not known | 10 |
| stating that fact and praying such
court to cause the | 11 |
| compensation to be paid to the owner to be assessed.
If it | 12 |
| appears that any person not in being, upon coming into being, | 13 |
| is,
or may become or may claim to be, entitled to any interest | 14 |
| in the
property sought to be appropriated or damaged the court | 15 |
| shall appoint
some competent and disinterested person as | 16 |
| guardian ad litem, to appear
for and represent such interest in | 17 |
| the proceeding and to defend the
proceeding on behalf of the | 18 |
| person not in being, and any judgment
entered in the proceeding | 19 |
| shall be as effectual for all purposes
as though the person was | 20 |
| in being and was a party to the proceeding. If
the proceeding | 21 |
| seeks to affect the property of persons under guardianship,
the | 22 |
| guardians shall be made parties defendant. Persons interested, | 23 |
| whose
names are unknown, may be made parties defendant by the | 24 |
| same
descriptions and in the same manner as provided in other | 25 |
| civil cases.
Where the property to be taken or damaged is a | 26 |
| common element of
property subject to a declaration of | 27 |
| condominium ownership pursuant to the
Condominium Property Act | 28 |
| or of a common interest community, the complaint
shall name the | 29 |
| unit owners' association in lieu of naming the individual
unit | 30 |
| owners and lienholders on individual units. Unit owners, | 31 |
| mortgagees
and other lienholders may intervene as parties | 32 |
| defendant. For the purposes
of this Section "common interest | 33 |
| community" shall have the same meaning as
set forth in | 34 |
| subsection (c) of Section 9-102 of the Code of Civil
Procedure. |
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| "Unit owners' association" or "association" shall refer to both
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| the definition contained in Section 2 of the Condominium | 3 |
| Property Act and
subsection (c) of Section 9-102 of the Code of | 4 |
| Civil Procedure.
Where the property is sought to be taken or | 5 |
| damaged by the state for the
purposes of establishing, | 6 |
| operating or maintaining any state house or
state charitable or | 7 |
| other institutions or improvements, the complaint
shall be | 8 |
| 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 | 10 |
| described in
either Section 3 of the Sports Stadium Act ,
or
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| Article 11, Division 139, of
the Illinois Municipal Code , | 12 |
| Section 8 of the Sanitary District Act of 1917, and property | 13 |
| described as Site B in Section 2
of the Metropolitan Pier and | 14 |
| Exposition Authority Act, belonging to a
railroad or other | 15 |
| public utility subject to the jurisdiction of the
Illinois | 16 |
| Commerce Commission may be taken or damaged, pursuant to the
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| provisions of Article VII of this Act, without the prior | 18 |
| approval
of the Illinois Commerce Commission. This amendatory | 19 |
| Act of 1991 (Public
Act 87-760) is declaratory of existing law | 20 |
| and is intended to remove
possible ambiguities, thereby | 21 |
| confirming the existing meaning of the Code
of Civil Procedure | 22 |
| and of the Illinois Municipal Code in effect before
January 1, | 23 |
| 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 | 26 |
| becoming law.".
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