SB0267ham002 96TH GENERAL ASSEMBLY

Rep. Lisa M. Dugan

Filed: 10/29/2009

09600SB0267ham002 LRB096 04158 AJO 30629 a

AMENDMENT TO SENATE BILL 267

AMENDMENT NO. ______. Amend Senate Bill 267, AS AMENDED, with reference to page and line numbers of House Amendment No. 1, on page 4, by replacing lines 1 through 26 with the following:

"Domain Act. However, with respect to any condemnation or eminent domain action filed by the Department on or after August 26, 2009 to acquire property for the South Suburban Airport and for which the court is prepared to enter a final judgment, if the Federal Aviation Administration has not rendered a final decision approving the South Suburban Airport's airport layout plan, the court shall enter a judgment that provides that (i) unless and until the Federal Aviation Administration renders a final decision approving the South Suburban Airport's airport layout plan or the condemnee elects to accept the just compensation amount, the just compensation amount stated in the judgment due to the condemnee shall not be paid by the Department and the Department shall not be vested with title to the property which is the subject of the eminent domain action and (ii) if the Federal Aviation Administration renders a final decision that does not approve of the South Suburban Airport's layout plan, the condemnee shall not receive the just compensation stated in the judgment and the State shall not receive title to the property. This proceeding shall be governed by subsection (b) of Section 5-5-5 of the Eminent Domain Act. For purposes of this Section, "South Suburban Airport" means the airport to be developed on a site located in Will County and approved by the Federal Aviation Administration in the Record of Decision for Tier 1: FAA Site Approval and Land Acquisition by the State of Illinois, Proposed South Suburban Airport, Will County, Illinois, dated July 2002. The changes made by this amendatory Act of the 96th General Assembly apply to actions commenced on or pending on or after the effective date of this amendatory Act of the 96th General Assembly.".