Full Text of SB1051 96th General Assembly
SB1051sam001 96TH GENERAL ASSEMBLY
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Sen. A. J. Wilhelmi
Filed: 3/16/2010
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| AMENDMENT TO SENATE BILL 1051
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| AMENDMENT NO. ______. Amend Senate Bill 1051 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Section 11-124-5 as follows: | 6 |
| (65 ILCS 5/11-124-5) | 7 |
| Sec. 11-124-5. Acquisition of water systems by eminent | 8 |
| domain. | 9 |
| (a) In addition to other provisions providing for the | 10 |
| acquisition of water systems or water works, whenever a public | 11 |
| utility subject to the Public Utilities Act utilizes public | 12 |
| property (including, but not limited to, right-of-way) of a | 13 |
| municipality for the installation or maintenance of all or part | 14 |
| of its water distribution system, the municipality has the | 15 |
| right to exercise eminent domain to acquire all or part of the | 16 |
| water system, in accordance with this Section. Unless it |
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| complies with the provisions set forth in this Section, a | 2 |
| municipality is not permitted to acquire by eminent domain that | 3 |
| portion of a system located in another incorporated | 4 |
| municipality without agreement of that municipality, but this | 5 |
| provision shall not prevent the acquisition of that portion of | 6 |
| the water system existing within the acquiring municipality. | 7 |
| (b) Where a water system that is owned by a public utility | 8 |
| (as defined in the Public 16
Utilities Act) provides water to | 9 |
| customers located in 2 or more municipalities, the system may | 10 |
| be acquired by any either or all of the municipalities by | 11 |
| eminent domain if there is in existence an intergovernmental | 12 |
| agreement between the municipalities served providing for | 13 |
| acquisition . If the system is to be acquired by more than one | 14 |
| municipality, then there must be an intergovernmental | 15 |
| agreement in existence between the acquiring municipalities | 16 |
| providing for the acquisition. | 17 |
| (c) If a water system that is owned by a public utility | 18 |
| provides water to customers located in one or more | 19 |
| municipalities and also to customers in an unincorporated area | 20 |
| and if at least 70% of the customers of the system or portion | 21 |
| thereof are located within the municipality or municipalities, | 22 |
| then the system, or portion thereof as determined by the | 23 |
| corporate authorities, may be acquired, using eminent domain or | 24 |
| otherwise, by either a municipality under subsection (a) or an | 25 |
| entity created by agreement between municipalities where at | 26 |
| least 70% of the customers reside. For the purposes of |
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| determining "customers of the system", only retail customers | 2 |
| directly billed by the company shall be included in the | 3 |
| computation. The number of customers of the system most | 4 |
| recently reported to the Illinois Commerce Commission for any | 5 |
| calendar year preceding the year a resolution is passed by a | 6 |
| municipality or municipalities expressing preliminary intent | 7 |
| to purchase the water system or portion thereof shall be | 8 |
| presumed to be the total number of customers within the system. | 9 |
| The public utility shall provide information relative to the | 10 |
| number of customers within each municipality and within the | 11 |
| system within 60 days after any such request by a municipality. | 12 |
| (d) In the case of acquisition by a municipality or | 13 |
| municipalities or a public entity created by law to own or | 14 |
| operate a water system under this Section, service and water | 15 |
| supply must be provided to persons who are customers of the | 16 |
| system on the effective date of this amendatory Act of the 94th | 17 |
| General Assembly without discrimination based on whether the | 18 |
| customer is located within or outside of the boundaries of the | 19 |
| acquiring municipality or municipalities or entity, and a | 20 |
| supply contract existing on the effective date of this | 21 |
| amendatory Act of the 94th General Assembly must be honored by | 22 |
| an acquiring municipality, municipalities, or entity according | 23 |
| to the terms so long as the agreement does not conflict with | 24 |
| any other existing agreement. | 25 |
| (e) For the purposes of this Section, "system" includes all | 26 |
| assets reasonably necessary to provide water service to a |
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| contiguous or compact geographical service area or to an area | 2 |
| served by a common pipeline and include, but are not limited | 3 |
| to, interests in real estate, all wells, pipes, treatment | 4 |
| plants, pumps and other physical apparatus, data and records of | 5 |
| facilities and customers, fire hydrants, equipment, or | 6 |
| vehicles and also includes service agreements and obligations | 7 |
| derived from use of the assets, whether or not the assets are | 8 |
| contiguous to the municipality, municipalities, or entity | 9 |
| created for the purpose of owning or operating a water system. | 10 |
| (f) Before making a good faith offer, a municipality may | 11 |
| pass a resolution of intent to study the feasibility of | 12 |
| purchasing or exercising its power of eminent domain to acquire | 13 |
| any water system or water works, sewer system or sewer works, | 14 |
| or combined water and sewer system or works, or part thereof. | 15 |
| Upon the passage of such a resolution, the municipality shall | 16 |
| have the right to review and inspect all financial and other | 17 |
| records, and both corporeal and incorporeal assets of such | 18 |
| utility related to the condition and the operation of the | 19 |
| system or works, or part thereof, as part of the study and | 20 |
| determination of feasibility of the proposed acquisition by | 21 |
| purchase or exercise of the power of eminent domain, and the | 22 |
| utility shall make knowledgeable persons who have access to all | 23 |
| relevant facts and information regarding the subject system or | 24 |
| works available to answer inquiries related to the study and | 25 |
| determination. | 26 |
| The right to review and inspect shall be upon reasonable |
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| notice to the utility, with reasonable inspection and review | 2 |
| time limitations and reasonable response times for production, | 3 |
| copying, and answer. In addition, the utility may utilize a | 4 |
| reasonable security protocol for personnel on the | 5 |
| municipality's physical inspection team. | 6 |
| In the absence of other agreement, the utility must respond | 7 |
| to any notice by the municipality concerning its review and | 8 |
| inspection within 21 days after receiving the notice. The | 9 |
| review and inspection of the assets of the company shall be | 10 |
| over such period of time and carried out in such manner as is | 11 |
| reasonable under the circumstances. | 12 |
| Information requested that is not privileged or protected | 13 |
| from discovery under the Illinois Code of Civil Procedure but | 14 |
| is reasonably claimed to be proprietary, including, without | 15 |
| limitation, information that constitutes trade secrets or | 16 |
| information that involves system security concerns, shall be | 17 |
| provided, but shall not be considered a public record and shall | 18 |
| be kept confidential by the municipality. | 19 |
| In addition, the municipality must, upon request, | 20 |
| reimburse the utility for the actual, reasonable costs and | 21 |
| expenses, excluding attorneys' fees, incurred by the utility as | 22 |
| a result of the municipality's inspection and requests for | 23 |
| information. Upon written request, the utility shall issue a | 24 |
| statement itemizing, with reasonable detail, the costs and | 25 |
| expenses for which reimbursement is sought by the utility. | 26 |
| Where such written request for a statement has been made, no |
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| payment shall be required until 30 days after receipt of the | 2 |
| statement. Such reimbursement by the municipality shall be | 3 |
| considered income for purposes of any rate proceeding or other | 4 |
| financial request before the Illinois Commerce Commission by | 5 |
| the utility. | 6 |
| The municipality and the utility shall cooperate to resolve | 7 |
| any dispute arising under this subsection. In the event the | 8 |
| dispute under this subsection cannot be resolved, either party | 9 |
| may request relief from the circuit court in any county in | 10 |
| which the water system is located, with the prevailing party to | 11 |
| be awarded such relief as the court deems appropriate under the | 12 |
| discovery abuse sanctions currently set forth in the Illinois | 13 |
| Code of Civil Procedure. | 14 |
| The municipality's right to inspect physical assets and | 15 |
| records in connection with the purpose of this Section shall | 16 |
| not be exercised with respect to any system more than one time | 17 |
| during a 5-year period, unless a substantial change in the size | 18 |
| of the system or condition of the operating assets of the | 19 |
| system has occurred since the previous inspection. Rights under | 20 |
| franchise agreements and other agreements or statutory or | 21 |
| regulatory provisions are not limited by this Section and are | 22 |
| preserved. | 23 |
| The passage of time between an inspection of the utilities | 24 |
| and physical assets and the making of a good faith offer or | 25 |
| initiation of an eminent domain action because of the limit | 26 |
| placed on inspections by this subsection shall not be used as a |
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| basis for challenging the good faith of any offer or be used as | 2 |
| the basis for attacking any appraisal, expert, argument, or | 3 |
| position before a court related to an acquisition by purchase | 4 |
| or eminent domain.
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| (g) Notwithstanding any other provision of law, the | 6 |
| Illinois Commerce Commission has no approval authority of any | 7 |
| eminent domain action brought by any governmental entity or | 8 |
| combination of such entities to acquire water systems or water | 9 |
| works. | 10 |
| (h) The provisions of this Section are severable under | 11 |
| Section 1.31 of the Statute on Statutes. | 12 |
| (i) This Section does not apply to any public utility
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| company that, on January 1, 2006, supplied a total of 70,000 or
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| fewer meter connections in the State unless and until (i) that
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| public utility company receives approval from the Illinois
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| Commerce Commission under Section 7-204 of the Public Utilities
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| Act for the reorganization of the public utility company or
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| (ii) the majority control of the company changes through a
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| stock sale, a sale of assets, a merger (other than an internal
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| reorganization) or otherwise. For the purpose of this Section,
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| "public utility company" means the public utility providing
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| water service and includes any of its corporate parents,
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| subsidiaries, or affiliates possessing a franchised water
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| service in the State.
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| (Source: P.A. 94-1007, eff. 1-1-07.) |
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| Section 10. The Eminent Domain Act is amended by changing | 2 |
| Sections 15-5-10 and 20-5-5 and by adding Section 25-5-30 as | 3 |
| follows: | 4 |
| (735 ILCS 30/15-5-10) | 5 |
| Sec. 15-5-10. Eminent domain powers in ILCS Chapters 45 | 6 |
| through 65. The following provisions of law may include express | 7 |
| grants of the power to acquire property by condemnation or | 8 |
| eminent domain: | 9 |
| (45 ILCS 30/3); Quad Cities Interstate Metropolitan Authority | 10 |
| Compact Act; Quad Cities Interstate Metropolitan | 11 |
| Authority; for the purposes of the Authority. | 12 |
| (45 ILCS 35/40); Quad Cities Interstate Metropolitan Authority | 13 |
| Act; Quad Cities Interstate Metropolitan Authority; for | 14 |
| metropolitan facilities. | 15 |
| (45 ILCS 110/1); Bi-State Development Powers Act; Bi-State | 16 |
| Development Agency; for the purposes of the Bi-State | 17 |
| Development Agency. | 18 |
| (50 ILCS 20/14); Public Building Commission Act; public | 19 |
| building commissions; for general purposes. | 20 |
| (50 ILCS 30/6.4); Exhibition Council Act; exhibition councils; | 21 |
| for council purposes. | 22 |
| (50 ILCS 605/4); Local Government Property Transfer Act; State | 23 |
| of Illinois; for the removal of any restriction on land | 24 |
| transferred to the State by a municipality. |
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| (55 ILCS 5/5-1095); Counties Code; counties; for easements for | 2 |
| community antenna television systems. | 3 |
| (55 ILCS 5/5-1119); Counties Code; any county that is bordered | 4 |
| by the Mississippi River and that has a population in | 5 |
| excess of 62,000 but less than 80,000; for the operation of | 6 |
| ferries. | 7 |
| (55 ILCS 5/5-11001); Counties Code; counties; for motor vehicle | 8 |
| parking lots or garages. | 9 |
| (55 ILCS 5/5-15007); Counties Code; counties; for water supply, | 10 |
| drainage, and flood control, including bridges, roads, and | 11 |
| waste management. | 12 |
| (55 ILCS 5/5-15009); Counties Code; counties; for water supply, | 13 |
| drainage, and flood control. | 14 |
| (55 ILCS 5/5-30021); Counties Code; county preservation | 15 |
| commissions; for historic preservation purposes. | 16 |
| (55 ILCS 85/9); County Economic Development Project Area | 17 |
| Property
Tax Allocation Act; counties; for the objectives | 18 |
| of the economic development plan. | 19 |
| (55 ILCS 90/60); County Economic Development Project Area Tax | 20 |
| Increment
Allocation Act of 1991; counties; for the | 21 |
| objectives of the economic development project. | 22 |
| (60 ILCS 1/115-20, 1/115-30, 1/115-35, 1/115-40, 1/115-55, and | 23 |
| 1/115-120); Township Code; townships with a population | 24 |
| over 250,000; for an open space program. | 25 |
| (60 ILCS 1/120-10); Township Code; townships; for park | 26 |
| purposes. |
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| (60 ILCS 1/130-5); Township Code; townships; for cemeteries. | 2 |
| (60 ILCS 1/130-30); Township Code; any 2 or more cities, | 3 |
| villages, or townships; for joint cemetery purposes. | 4 |
| (60 ILCS 1/135-5); Township Code; any 2 or more townships or | 5 |
| road districts; for joint cemetery purposes. | 6 |
| (60 ILCS 1/205-40); Township Code; townships; for waterworks | 7 |
| and sewerage systems. | 8 |
| (65 ILCS 5/Art. 9, Div. 2); Illinois Municipal Code; | 9 |
| municipalities; for local improvements. | 10 |
| (65 ILCS 5/11-11-1); Illinois Municipal Code; municipalities; | 11 |
| for the rehabilitation or redevelopment of blighted areas | 12 |
| and urban community conservation areas. | 13 |
| (65 ILCS 5/11-12-8); Illinois Municipal Code; municipalities; | 14 |
| for acquiring land for public purposes as designated on | 15 |
| proposed subdivision plats. | 16 |
| (65 ILCS 5/11-13-17); Illinois Municipal Code; municipalities; | 17 |
| for nonconforming structures under a zoning ordinance and | 18 |
| for areas blighted by substandard buildings. | 19 |
| (65 ILCS 5/11-19-10); Illinois Municipal Code; municipalities; | 20 |
| for waste disposal purposes. | 21 |
| (65 ILCS 5/11-28-1); Illinois Municipal Code; municipalities; | 22 |
| for municipal hospital purposes. | 23 |
| (65 ILCS 5/11-29.3-1); Illinois Municipal Code; | 24 |
| municipalities; for senior citizen housing. | 25 |
| (65 ILCS 5/11-42-11); Illinois Municipal Code; municipalities; | 26 |
| for easements for community antenna television systems. |
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| (65 ILCS 5/11-45.1-2); Illinois Municipal Code; | 2 |
| municipalities; for establishing cultural centers. | 3 |
| (65 ILCS 5/11-48.2-2); Illinois Municipal Code; | 4 |
| municipalities; for historical preservation purposes. | 5 |
| (65 ILCS 5/11-52.1-1); Illinois Municipal Code; | 6 |
| municipalities; for cemeteries. | 7 |
| (65 ILCS 5/11-52.1-3); Illinois Municipal Code; any 2 or more | 8 |
| cities, villages, or townships; for joint cemetery | 9 |
| purposes. | 10 |
| (65 ILCS 5/11-61-1); Illinois Municipal Code; municipalities; | 11 |
| for municipal purposes or public welfare. | 12 |
| (65 ILCS 5/11-61-1a); Illinois Municipal Code; municipality | 13 |
| with a population over 500,000; quick-take power for rapid | 14 |
| transit lines (obsolete). | 15 |
| (65 ILCS 5/11-63-5); Illinois Municipal Code; municipalities; | 16 |
| for community buildings. | 17 |
| (65 ILCS 5/11-65-3); Illinois Municipal Code; municipalities; | 18 |
| for municipal convention hall purposes. | 19 |
| (65 ILCS 5/11-66-10); Illinois Municipal Code; municipalities; | 20 |
| for a municipal coliseum. | 21 |
| (65 ILCS 5/11-68-4); Illinois Municipal Code; board of stadium | 22 |
| and athletic field commissioners; for a stadium and | 23 |
| athletic field. | 24 |
| (65 ILCS 5/11-69-1); Illinois Municipal Code; any 2 or more | 25 |
| municipalities with the same or partly the same territory; | 26 |
| for their joint municipal purposes. |
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| (65 ILCS 5/11-71-1); Illinois Municipal Code; municipalities; | 2 |
| for parking facilities. | 3 |
| (65 ILCS 5/11-71-10); Illinois Municipal Code; municipalities; | 4 |
| for the removal of a lessee's interest in the leased space | 5 |
| over a municipally-owned parking lot. | 6 |
| (65 ILCS 5/11-74.2-8); Illinois Municipal Code; | 7 |
| municipalities; for carrying out a final commercial | 8 |
| redevelopment plan. | 9 |
| (65 ILCS 5/11-74.2-9); Illinois Municipal Code; | 10 |
| municipalities; for commercial renewal and redevelopment | 11 |
| areas. | 12 |
| (65 ILCS 5/11-74.3-3); Illinois Municipal Code; | 13 |
| municipalities; for business district development or | 14 |
| redevelopment. | 15 |
| (65 ILCS 5/11-74.4-4); Illinois Municipal Code; | 16 |
| municipalities; for redevelopment project areas. | 17 |
| (65 ILCS 5/11-74.6-15); Illinois Municipal Code; | 18 |
| municipalities; for projects under the Industrial Jobs | 19 |
| Recovery Law. | 20 |
| (65 ILCS 5/11-75-5); Illinois Municipal Code; municipalities; | 21 |
| for the removal of a lessee's interest in a building | 22 |
| erected on space leased by the municipality. | 23 |
| (65 ILCS 5/11-80-21); Illinois Municipal Code; municipalities; | 24 |
| for construction of roads or sewers on or under the track, | 25 |
| right-of-way, or land of a railroad company. | 26 |
| (65 ILCS 5/11-87-3); Illinois Municipal Code; municipalities; |
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| for non-navigable streams. | 2 |
| (65 ILCS 5/11-87-5); Illinois Municipal Code; municipalities; | 3 |
| for improvements along re-channeled streams. | 4 |
| (65 ILCS 5/11-92-3); Illinois Municipal Code; municipalities; | 5 |
| for harbors for recreational use. | 6 |
| (65 ILCS 5/11-93-1); Illinois Municipal Code; municipalities; | 7 |
| for bathing beaches and recreation piers. | 8 |
| (65 ILCS 5/11-94-1); Illinois Municipal Code; municipalities | 9 |
| with a population of less than 500,000; for recreational | 10 |
| facilities. | 11 |
| (65 ILCS 5/11-97-2); Illinois Municipal Code; municipalities; | 12 |
| for driveways to parks owned by the municipality outside | 13 |
| its corporate limits. | 14 |
| (65 ILCS 5/11-101-1); Illinois Municipal Code; municipalities; | 15 |
| for public airport purposes. | 16 |
| (65 ILCS 5/11-102-4); Illinois Municipal Code; municipalities | 17 |
| with a population over 500,000; for public airport | 18 |
| purposes. | 19 |
| (65 ILCS 5/11-103-2); Illinois Municipal Code; municipalities | 20 |
| with a population under 500,000; for public airport | 21 |
| purposes. | 22 |
| (65 ILCS 5/11-110-3); Illinois Municipal Code; municipalities; | 23 |
| for drainage purposes. | 24 |
| (65 ILCS 5/11-112-6); Illinois Municipal Code; municipalities; | 25 |
| for levees, protective embankments, and structures. | 26 |
| (65 ILCS 5/11-117-1, 5/11-117-4, 5/11-117-7, and 5/11-117-11); |
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| Illinois Municipal Code; municipalities; for public | 2 |
| utility purposes. | 3 |
| (65 ILCS 5/11-119.1-5, 5/11-119.1-7, and 5/11-119.1-10); | 4 |
| Illinois Municipal Code; municipal power agencies; for | 5 |
| joint municipal electric power agency purposes. | 6 |
| (65 ILCS 5/11-119.2-5 and 5/11-119.2-7); Illinois Municipal | 7 |
| Code; municipal natural gas agencies; for joint municipal | 8 |
| natural gas agency purposes. | 9 |
| (65 ILCS 5/11-121-2); Illinois Municipal Code; municipalities; | 10 |
| for constructing and operating subways. | 11 |
| (65 ILCS 5/11-122-3); Illinois Municipal Code; municipalities; | 12 |
| for street railway purposes. | 13 |
| (65 ILCS 5/1-123-4 and 5/11-123-24); Illinois Municipal Code; | 14 |
| municipalities; for harbor facilities. | 15 |
| (65 ILCS 5/11-124-5); Illinois Municipal Code; municipalities; | 16 |
| acquisition of water systems, including certain quick-take | 17 |
| powers. | 18 |
| (65 ILCS 5/11-125-2); Illinois Municipal Code; municipalities; | 19 |
| for waterworks purposes. | 20 |
| (65 ILCS 5/11-126-3); Illinois Municipal Code; municipalities; | 21 |
| for water supply purposes, including joint construction of | 22 |
| waterworks. | 23 |
| (65 ILCS 5/11-130-9); Illinois Municipal Code; municipalities; | 24 |
| for waterworks purposes. | 25 |
| (65 ILCS 5/11-135-6); Illinois Municipal Code; municipal water | 26 |
| commission; for waterworks purposes, including quick-take |
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| power. | 2 |
| (65 ILCS 5/11-136-6); Illinois Municipal Code; municipal sewer | 3 |
| or water commission; for waterworks and sewer purposes. | 4 |
| (65 ILCS 5/11-138-2); Illinois Municipal Code; water | 5 |
| companies; for pipes and waterworks. | 6 |
| (65 ILCS 5/11-139-12); Illinois Municipal Code; | 7 |
| municipalities; for waterworks and sewerage systems , | 8 |
| including certain quick-take powers . | 9 |
| (65 ILCS 5/11-140-3 and 5/11-140-5); Illinois Municipal Code; | 10 |
| municipalities; for outlet sewers and works. | 11 |
| (65 ILCS 5/11-141-10); Illinois Municipal Code; | 12 |
| municipalities; for sewerage systems. | 13 |
| (65 ILCS 5/11-148-6); Illinois Municipal Code; municipalities; | 14 |
| for sewage disposal plants. | 15 |
| (65 ILCS 20/21-19 and 20/21-21); Revised Cities and Villages | 16 |
| Act of 1941; City of Chicago; for municipal purposes or | 17 |
| public welfare. | 18 |
| (65 ILCS 100/3); Sports Stadium Act; municipality with a | 19 |
| population over 2,000,000; for sports stadium purposes, | 20 |
| including quick-take power (obsolete). | 21 |
| (65 ILCS 110/60); Economic Development Project Area Tax | 22 |
| Increment Allocation Act of
1995; municipalities; for | 23 |
| economic development projects. | 24 |
| (Source: P.A. 94-1055, eff. 1-1-07.) | 25 |
| (735 ILCS 30/20-5-5) (was 735 ILCS 5/7-103) |
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| Sec. 20-5-5. Quick-take. | 2 |
| (a) This Section applies only to proceedings under this | 3 |
| Article that are
authorized in this Article and in Article 25 | 4 |
| of this Act. | 5 |
| (b) In a proceeding subject to this Section,
the plaintiff, | 6 |
| at any time after the complaint has been filed and before
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| judgment is entered in the proceeding, may file a written | 8 |
| motion requesting
that, immediately or at some specified later | 9 |
| date, the plaintiff either: (i) be
vested with the fee simple | 10 |
| title (or such lesser estate, interest, or
easement, as may be | 11 |
| required) to the real property, or a specified portion
of that | 12 |
| property, which is the subject of the proceeding, and be | 13 |
| authorized to take
possession of and use the property; or (ii) | 14 |
| only be authorized to take
possession of and to use the | 15 |
| property, if possession and use, without
the vesting of title, | 16 |
| are sufficient to permit the plaintiff to proceed
with the | 17 |
| project until the final ascertainment of compensation. No
land | 18 |
| or interests in land now or hereafter owned, leased, | 19 |
| controlled, or
operated and used by, or necessary for the | 20 |
| actual operation of, any common
carrier engaged in interstate | 21 |
| commerce, or any other public utility subject
to the | 22 |
| jurisdiction of the Illinois Commerce Commission, shall be | 23 |
| taken or
appropriated under this Section by the State of | 24 |
| Illinois, the Illinois Toll Highway
Authority, the sanitary | 25 |
| district, the St. Louis Metropolitan Area Airport
Authority, or | 26 |
| the Board of Trustees of the University of Illinois without
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| first securing the approval of the Illinois Commerce | 2 |
| Commission. | 3 |
| Except as otherwise provided in this Article, the motion | 4 |
| for taking shall
state: (1) an accurate description of the | 5 |
| property to which the motion
relates and the estate or interest | 6 |
| sought to be acquired in that property; (2)
the formally | 7 |
| adopted schedule or plan of operation for the execution of
the | 8 |
| plaintiff's project; (3) the situation of the property to which | 9 |
| the
motion relates, with respect to the schedule or plan; (4) | 10 |
| the necessity
for taking the
property in the manner requested | 11 |
| in the motion; and (5)
if the property (except property | 12 |
| described in Section 3 of the Sports
Stadium Act , or property | 13 |
| described as Site B in Section 2 of the
Metropolitan Pier and | 14 |
| Exposition Authority Act , or water systems or water works to be | 15 |
| acquired pursuant to Section 11-124-5 of the Illinois Municipal | 16 |
| Code ) to be taken is owned,
leased, controlled, or operated and | 17 |
| used by, or necessary for the actual
operation of, any | 18 |
| interstate common carrier or other public utility subject
to | 19 |
| the jurisdiction of the Illinois Commerce Commission, a | 20 |
| statement to the
effect that the approval of the proposed | 21 |
| taking has been secured from the
Commission, and attaching to | 22 |
| the motion a certified copy of the order of
the Illinois | 23 |
| Commerce Commission granting approval. If the schedule or plan | 24 |
| of
operation is not set forth fully in the motion, a copy of | 25 |
| the schedule or
plan shall be attached to the motion. | 26 |
| (Source: P.A. 94-1055, eff. 1-1-07.) |
|
|
|
09600SB1051sam001 |
- 18 - |
LRB096 07122 RLJ 39075 a |
|
| 1 |
| (735 ILCS 30/25-5-30 new) | 2 |
| Sec. 25-5-30. Quick-take; municipalities served by the | 3 |
| American Lake Water Company pipeline. Quick-take proceedings | 4 |
| under Article 20 may be used for a period of 12 months after | 5 |
| the effective date of this amendatory Act of the 96th General | 6 |
| Assembly for the public purpose of the acquisition of the | 7 |
| American Lake Water Company pipeline and any other real | 8 |
| property or personal property associated with the operation of | 9 |
| the pipeline, by one or more of the municipalities whose | 10 |
| residents receive Lake Michigan water transmitted through that | 11 |
| pipeline, namely, the Villages of Bolingbrook, Homer Glen, | 12 |
| Plainfield, Woodridge, and Romeoville.
| 13 |
| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.".
|
|