Full Text of SB1681 101st General Assembly
SB1681 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB1681 Introduced 2/15/2019, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED: |
| 735 ILCS 30/20-5-5 | was 735 ILCS 5/7-103 |
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Amends the Eminent Domain Act. Makes a technical change in a Section concerning quick-take procedures.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Eminent Domain Act is amended by changing | 5 | | Section 20-5-5 as follows:
| 6 | | (735 ILCS 30/20-5-5) (was 735 ILCS 5/7-103)
| 7 | | Sec. 20-5-5. Quick-take. | 8 | | (a) This Section applies only to to proceedings under this | 9 | | Article that are
authorized in this Article and in Article 25 | 10 | | of this Act.
| 11 | | (b) In a proceeding subject to this Section,
the plaintiff, | 12 | | at any time after the complaint has been filed and before
| 13 | | judgment is entered in the proceeding, may file a written | 14 | | motion requesting
that, immediately or at some specified later | 15 | | date, the plaintiff either: (i) be
vested with the fee simple | 16 | | title (or such lesser estate, interest, or
easement, as may be | 17 | | required) to the real property, or a specified portion
of that | 18 | | property, which is the subject of the proceeding, and be | 19 | | authorized to take
possession of and use the property; or (ii) | 20 | | only be authorized to take
possession of and to use the | 21 | | property, if possession and use, without
the vesting of title, | 22 | | are sufficient to permit the plaintiff to proceed
with the | 23 | | project until the final ascertainment of compensation. No
land |
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| 1 | | or interests in land now or hereafter owned, leased, | 2 | | controlled, or
operated and used by, or necessary for the | 3 | | actual operation of, any common
carrier engaged in interstate | 4 | | commerce, or any other public utility subject
to the | 5 | | jurisdiction of the Illinois Commerce Commission, shall be | 6 | | taken or
appropriated under this Section by the State of | 7 | | Illinois, the Illinois Toll Highway
Authority, the sanitary | 8 | | district, the St. Louis Metropolitan Area Airport
Authority, or | 9 | | the Board of Trustees of the University of Illinois without
| 10 | | first securing the approval of the Illinois Commerce | 11 | | Commission.
| 12 | | Except as otherwise provided in this Article, the motion | 13 | | for taking shall
state: (1) an accurate description of the | 14 | | property to which the motion
relates and the estate or interest | 15 | | sought to be acquired in that property; (2)
the formally | 16 | | adopted schedule or plan of operation for the execution of
the | 17 | | plaintiff's project; (3) the situation of the property to which | 18 | | the
motion relates, with respect to the schedule or plan; (4) | 19 | | the necessity
for taking the
property in the manner requested | 20 | | in the motion; and (5)
if the property (except property | 21 | | described in Section 3 of the Sports
Stadium Act or property | 22 | | described as Site B in Section 2 of the
Metropolitan Pier and | 23 | | Exposition Authority Act) to be taken is owned,
leased, | 24 | | controlled, or operated and used by, or necessary for the | 25 | | actual
operation of, any interstate common carrier or other | 26 | | public utility subject
to the jurisdiction of the Illinois |
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| 1 | | Commerce Commission, a statement to the
effect that the | 2 | | approval of the proposed taking has been secured from the
| 3 | | Commission, and attaching to the motion a certified copy of the | 4 | | order of
the Illinois Commerce Commission granting approval. If | 5 | | the schedule or plan of
operation is not set forth fully in the | 6 | | motion, a copy of the schedule or
plan shall be attached to the | 7 | | motion.
| 8 | | (Source: P.A. 94-1055, eff. 1-1-07.)
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