SB2562ham003 99TH GENERAL ASSEMBLY

Rep. Barbara Flynn Currie

Filed: 6/30/2016

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2562

2    AMENDMENT NO. ______. Amend Senate Bill 2562 on page 115,
3by inserting immediately below line 15 the following:
 
4    "Section 10. The Eminent Domain Act is amended by changing
5Section 10-5-65 as follows:
 
6    (735 ILCS 30/10-5-65)  (was 735 ILCS 5/7-122)
7    Sec. 10-5-65. Reimbursement; inverse condemnation.
8    (a) Except as provided in subsection (b), when When the
9condemning authority is required by a court to initiate
10condemnation proceedings for the actual physical taking of real
11property, the court rendering judgment for the property owner
12and awarding just compensation for the taking shall determine
13and award or allow to the property owner, as part of that
14judgment or award, further sums as will, in the opinion of the
15court, reimburse the property owner for the owner's reasonable
16costs, disbursements, and expenses, including reasonable

 

 

09900SB2562ham003- 2 -LRB099 17003 HEP 49762 a

1attorney, appraisal, and engineering fees actually incurred by
2the property owner in those proceedings.
3    (b) When the condemning authority is required to initiate
4condemnation proceedings of property impacted directly or
5indirectly by the Chicago Transit Authority Red-Purple
6Modernization Project, the court rendering judgment for the
7property owner and awarding just compensation for the taking
8shall determine and award or allow to the property owner, as
9part of that judgment or award, further sums as will, in the
10opinion of the court, reimburse the property owner for the
11owner's reasonable costs, disbursements, diminution, and
12expenses, including reasonable attorney, appraisal, and
13engineering fees actually incurred by the property owner in
14those proceedings.
15(Source: P.A. 94-1055, eff. 1-1-07.)".