Full Text of HB1926 95th General Assembly
HB1926sam002 95TH GENERAL ASSEMBLY
|
Sen. Randall M. Hultgren
Filed: 6/28/2007
|
|
09500HB1926sam002 |
|
LRB095 09066 NHT 37874 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 1926
| 2 |
| AMENDMENT NO. ______. Amend House Bill 1926 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The School Code is amended by adding Section | 5 |
| 16-6.5 as follows: | 6 |
| (105 ILCS 5/16-6.5 new) | 7 |
| Sec. 16-6.5. Immediate possession of lands for school | 8 |
| purposes. Notwithstanding any other provision of this Article | 9 |
| or the provisions of any other law, a unit school district | 10 |
| shall, upon written motion, be vested with the fee simple title | 11 |
| to the real property that is the subject of an eminent domain | 12 |
| proceeding filed pursuant to Section 10-22.35A and Section 16-6 | 13 |
| of this Code and be authorized to take possession of and use | 14 |
| such property immediately for the construction of a high school | 15 |
| building and facilities ancillary thereto if all of the | 16 |
| following conditions are met: |
|
|
|
09500HB1926sam002 |
- 2 - |
LRB095 09066 NHT 37874 a |
|
| 1 |
| (1) The school district has an equalized assessed | 2 |
| valuation for calendar year 2006 of at least $4,500,000,000 | 3 |
| and an enrollment for the 2006-2007 school year of at least | 4 |
| 28,000. | 5 |
| (2) At least 58% of those voting in a general primary | 6 |
| election held prior to November 2006 approved a proposition | 7 |
| for the construction of the high school building and the | 8 |
| issuance of $124,660,000 general obligation bonds for the | 9 |
| purpose of paying the costs thereof. | 10 |
| (3) The eminent domain proceeding was filed on or | 11 |
| before December 23, 2005 for the acquisition of a vacant | 12 |
| parcel of land containing approximately 55 acres in a | 13 |
| county contiguous to a county with 3,000,000 or more | 14 |
| inhabitants. | 15 |
| (4) The circuit court in which such proceeding is | 16 |
| pending entered its order, on or before November 17, 2006, | 17 |
| denying defendants' traverse motion and motion to dismiss. | 18 |
| (5) The school district waives its right to dismiss the | 19 |
| complaint or to abandon the proceeding as to all or any | 20 |
| part of the property so taken. | 21 |
| (6) The school district deposits the sum of $600,000 | 22 |
| per acre with the county treasurer, who shall invest the | 23 |
| deposit in an interest-bearing account for the benefit of | 24 |
| the parties to the action. | 25 |
| (7) The school district shall have filed a stipulation | 26 |
| in the pending eminent domain action binding itself to |
|
|
|
09500HB1926sam002 |
- 3 - |
LRB095 09066 NHT 37874 a |
|
| 1 |
| cooperate with the owners and any developers of the | 2 |
| remainder property to (i) cause a water main and sanitary | 3 |
| sewer line to be brought to the western boundary of the | 4 |
| remainder property, subject to the developers of the | 5 |
| remainder property bearing the additional cost for any | 6 |
| oversizing of the sanitary sewer line required by the | 7 |
| developers' use of the remainder property, (ii) design and | 8 |
| construct its stormwater management facilities to accept | 9 |
| up to 12 acre feet of stormwater from the northern portion | 10 |
| of the remainder property, (iii) design, permit, and | 11 |
| construct a full-access intersection providing shared | 12 |
| access to the school district property and the remainder | 13 |
| property on the north side of the properties, provided that | 14 |
| the owners grant the school district easement rights over | 15 |
| the remainder property for that purpose and subject to | 16 |
| recapture from any developers of the remainder parcel for | 17 |
| 50% of the cost of off-site intersection improvements and | 18 |
| 100% of the cost of improvements on the remainder property, | 19 |
| and (iv) grant such cross-access easement rights as | 20 |
| required by local development authorities to permit access | 21 |
| to the remainder property. | 22 |
| In the order of the circuit court vesting the fee simple | 23 |
| title to the real property with the school district, the owners | 24 |
| shall be given the authority to immediately withdraw the sum of | 25 |
| $300,000 per acre for the 55 acres of land being acquired. The | 26 |
| amount withdrawn by the owners shall be credited against any |
|
|
|
09500HB1926sam002 |
- 4 - |
LRB095 09066 NHT 37874 a |
|
| 1 |
| future award of just compensation in the eminent domain | 2 |
| proceeding. The balance of the deposit and accrued interest | 3 |
| shall be held by the treasurer until entry of a final judgment | 4 |
| by the circuit court determining the just compensation to be | 5 |
| paid for the property. Upon entry of the final and appealable | 6 |
| judgment order, the circuit court shall hear and determine all | 7 |
| rights in and to such just compensation and shall order the | 8 |
| treasurer to disburse the just compensation, after credit for | 9 |
| the amount previously withdrawn, to the owners and any excess | 10 |
| deposit to the school district and direct the refund of any | 11 |
| excess amount withdrawn from the deposit by any of the | 12 |
| interested parties, as the case may be. Interest accrued on the | 13 |
| balance of the deposit shall be disbursed to the owners and the | 14 |
| school district in the same proportion as the principal balance | 15 |
| is disbursed to the owners and the school district. In the | 16 |
| event the deposit and all accrued interest are insufficient to | 17 |
| satisfy the award of just compensation determined in the final | 18 |
| and appealable order, then the school district shall pay such | 19 |
| deficiency, together with judgment interest accruing from the | 20 |
| date of the final and appealable order within 30 days. In no | 21 |
| event shall the amount of the deposit be admissible as evidence | 22 |
| in the eminent domain proceeding. Appeals may be taken from any | 23 |
| findings or judgment by the court as in other civil cases. The | 24 |
| school district shall not require an appeal bond in the event | 25 |
| of an appeal by the owners.
|
|
|
|
09500HB1926sam002 |
- 5 - |
LRB095 09066 NHT 37874 a |
|
| 1 |
| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.".
|
|