Full Text of HB0874 95th General Assembly
HB0874 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0874
Introduced 2/7/2007, by Rep. Edward J. Acevedo SYNOPSIS AS INTRODUCED: |
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735 ILCS 30/10-5-5 |
was 735 ILCS 5/7-101 |
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Amends the Eminent Domain Act. Provides that if a governmental entity requires the removal of a building or structure as a condition of the governmental entity granting a permit, license, or other approval, the removal requirement constitutes a compelled removal requiring compensation under the Act, unless the permit, license, or approval is requested for the construction of a building or structure that cannot be built without physically removing the building or structure. Effective immediately.
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A BILL FOR
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HB0874 |
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LRB095 00159 AJO 20159 b |
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| AN ACT concerning civil law.
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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 Eminent Domain Act is amended by changing | 5 |
| Section 10-5-5 as follows:
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| (735 ILCS 30/10-5-5) (was 735 ILCS 5/7-101)
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| Sec. 10-5-5. Compensation; jury. | 8 |
| (a) Private property shall not be taken
or damaged for | 9 |
| public use without just compensation and, in all cases in which
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| compensation is not made by the condemning authority, | 11 |
| compensation shall be ascertained by a jury, as provided in | 12 |
| this Act.
When
compensation is so made by the condemning | 13 |
| authority, any party,
upon application, may have a trial by | 14 |
| jury to
ascertain the just compensation to be paid. A demand on | 15 |
| the part of the
condemning authority for a trial by jury shall | 16 |
| be filed
with the complaint for condemnation of the condemning | 17 |
| authority. When the condemning authority is plaintiff, a | 18 |
| defendant desirous of a trial by
jury must file a demand for a | 19 |
| trial by jury on or before the return date of the
summons | 20 |
| served on him or her or on or before the date fixed in the | 21 |
| publication in case of defendants
served by publication. If no | 22 |
| party in the condemnation action
demands a trial by jury, as | 23 |
| provided for by this Section, then the trial
shall be before |
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HB0874 |
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LRB095 00159 AJO 20159 b |
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| the court without a jury. | 2 |
| (b) The right to just compensation, as
provided in this | 3 |
| Act, applies to the owner or owners of any lawfully erected
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| off-premises outdoor advertising sign that is compelled to be | 5 |
| altered or
removed under this Act or any other statute, or | 6 |
| under any ordinance or
regulation of any municipality or other | 7 |
| unit of local government, and also
applies to the owner or | 8 |
| owners of the property on which that sign is erected.
The right | 9 |
| to just compensation, as provided in this Act, applies to
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| property subject to a conservation right under the Real | 11 |
| Property Conservation
Rights Act. The amount of compensation | 12 |
| for the taking of the property shall not
be diminished or | 13 |
| reduced
by virtue of the existence of the conservation right. | 14 |
| The holder of the
conservation right shall be entitled to just | 15 |
| compensation for the value of the
conservation right. | 16 |
| (c) Notwithstanding any other provision of law, the | 17 |
| requirement by a governmental entity that a lawfully erected | 18 |
| building or structure be removed as a condition or prerequisite | 19 |
| for the issuance or continued effectiveness of a permit, | 20 |
| license, or other approval for any use, structure, or | 21 |
| development constitutes a compelled removal requiring | 22 |
| compensation under this Act, unless the permit, license, or | 23 |
| approval is requested for the construction of a building or | 24 |
| structure that cannot be built without physically removing the | 25 |
| building or structure.
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| (Source: P.A. 94-1055, eff. 1-1-07.)
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HB0874 |
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LRB095 00159 AJO 20159 b |
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law. |
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