Full Text of SB2807 95th General Assembly
SB2807 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB2807
Introduced 2/15/2008, by Sen. Don Harmon SYNOPSIS AS INTRODUCED: |
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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 provisions concerning quick-take powers.
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A BILL FOR
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SB2807 |
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LRB095 19070 WGH 45261 b |
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| AN ACT concerning civil procedure.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Eminent Domain Act is amended by changing | 5 |
| Section 20-5-5 as follows:
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| (735 ILCS 30/20-5-5) (was 735 ILCS 5/7-103)
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| Sec. 20-5-5. Quick-take. | 8 |
| (a) This Section applies only to proceedings under this | 9 |
| this Article that are
authorized in this Article and in Article | 10 |
| 25 of this Act.
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| (b) In a proceeding subject to this Section,
the plaintiff, | 12 |
| 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 | 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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SB2807 |
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LRB095 19070 WGH 45261 b |
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| 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
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| first securing the approval of the Illinois Commerce | 11 |
| Commission.
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| 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 |
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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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SB2807 |
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LRB095 19070 WGH 45261 b |
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| Commerce Commission, a statement to the
effect that the | 2 |
| approval of the proposed taking has been secured from the
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| 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.
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| (Source: P.A. 94-1055, eff. 1-1-07.)
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