Full Text of HB3657 096th General Assembly
HB3657 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB3657
Introduced 2/24/2009, by Rep. Jay C. Hoffman SYNOPSIS AS INTRODUCED: |
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735 ILCS 30/5-5-5 |
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735 ILCS 30/10-5-60 |
was 735 ILCS 5/7-121 |
735 ILCS 30/10-5-105 |
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735 ILCS 30/10-5-110 |
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735 ILCS 30/15-1-5 |
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Amends the Eminent Domain Act. Provides that as to the exercise of power of eminent domain under the O'Hare Modernization Act, Illinois Aeronautics Act, or the Illinois Highway Code's provisions concerning the relocation of a railroad or public utility for a State highway, or for the development or redevelopment of a publicly owned airport (instead of the O'Hare Modernization Act), (1) certain provisions of the Eminent Domain Act concerning the acquisition or damaging of property do not apply to acquisitions of property for public ownership and control or to acquisitions of property for private ownership and control for a public purpose, to eliminate blight, to create a low income residential area, or to create a specific type of use that benefits the public; (2) a condemning authority may exercise the power for any purpose as provided for by law in effect prior to the effective date of the Act; (3) the valuation date shall be the date of the filing of the complaint to condemn; and (4) the portions of the Act concerning the sale of property acquired by condemnation and offers of settlement, attorney's fees, and litigation expenses do not apply to the acquisition of property. Effective immediately.
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A BILL FOR
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HB3657 |
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LRB096 02935 AJO 12949 b |
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| AN ACT concerning civil law.
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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 |
| Sections 5-5-5, 10-5-60, 10-5-105, 10-5-110, and 15-1-5 as | 6 |
| follows: | 7 |
| (735 ILCS 30/5-5-5)
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| Sec. 5-5-5. Exercise of the power of eminent domain; public | 9 |
| use; blight. | 10 |
| (a) In addition to all other limitations and requirements, | 11 |
| a condemning authority may not take or damage property by the | 12 |
| exercise of the power of eminent domain unless it is for a | 13 |
| public use, as set forth in this Section. | 14 |
| (a-5) Subsections (b), (c), (d), (e), and (f) of this | 15 |
| Section do not apply to the acquisition of property under the | 16 |
| O'Hare Modernization Act , Section 4-505 of the Illinois Highway | 17 |
| Code, the Illinois Aeronautics Act, or for the purpose of | 18 |
| development or redevelopment of any publicly owned airport . A | 19 |
| condemning authority may exercise the power of eminent domain | 20 |
| for the acquisition or damaging of property under the O'Hare | 21 |
| Modernization Act , Section 4-505 of the Illinois Highway Code, | 22 |
| the Illinois Aeronautics Act, or for the purpose of development | 23 |
| or redevelopment of any publicly owned airport as provided for |
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| by law in effect prior to the effective date of this Act. | 2 |
| (a-10) Subsections (b), (c), (d), (e), and (f) of this | 3 |
| Section do not apply to the acquisition or damaging of property | 4 |
| in furtherance of the goals and objectives of an existing tax | 5 |
| increment allocation redevelopment plan. A condemning | 6 |
| authority may exercise the power of eminent domain for the | 7 |
| acquisition of property in furtherance of an existing tax | 8 |
| increment allocation redevelopment plan as provided for by law | 9 |
| in effect prior to the effective date of this Act. | 10 |
| As used in this subsection, "existing tax increment | 11 |
| allocation redevelopment plan" means a redevelopment plan that | 12 |
| was adopted under the Tax Increment Allocation Redevelopment | 13 |
| Act (Article 11, Division 74.4 of the Illinois Municipal Code) | 14 |
| prior to April 15, 2006 and for which property assembly costs | 15 |
| were, before that date, included as a budget line item in the | 16 |
| plan or described in the narrative portion of the plan as part | 17 |
| of the redevelopment project, but does not include (i) any | 18 |
| additional area added to the redevelopment project area on or | 19 |
| after April 15, 2006, (ii) any subsequent extension of the | 20 |
| completion date of a redevelopment plan beyond the estimated | 21 |
| completion date established in that plan prior to April 15, | 22 |
| 2006, (iii) any acquisition of property in a conservation area | 23 |
| for which the condemnation complaint is filed more than 12 | 24 |
| years after the effective date of this Act, or (iv) any | 25 |
| acquisition of property in an industrial park conservation | 26 |
| area. |
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| As used in this subsection, "conservation area" and | 2 |
| "industrial park conservation area" have the same meanings as | 3 |
| under Section 11-74.4-3 of the Illinois Municipal Code. | 4 |
| (b) If the exercise of eminent domain authority is to | 5 |
| acquire property for public ownership and control, then the | 6 |
| condemning authority must prove that (i) the acquisition of the | 7 |
| property is necessary for a public purpose and (ii) the | 8 |
| acquired property will be owned and controlled by the | 9 |
| condemning authority or another governmental entity. | 10 |
| (c) Except when the acquisition is governed by subsection | 11 |
| (b) or is primarily for one of the purposes specified in | 12 |
| subsection (d), (e), or (f) and the condemning authority elects | 13 |
| to proceed under one of those subsections, if the exercise of | 14 |
| eminent domain authority is to acquire property for private | 15 |
| ownership or control, or both, then the condemning authority | 16 |
| must prove by clear and convincing evidence that the | 17 |
| acquisition of the property for private ownership or control is | 18 |
| (i) primarily for the benefit, use, or enjoyment of the public | 19 |
| and (ii) necessary for a public purpose. | 20 |
| An acquisition of property primarily for the purpose of the | 21 |
| elimination of blight is rebuttably presumed to be for a public | 22 |
| purpose and primarily for the benefit, use, or enjoyment of the | 23 |
| public under this subsection. | 24 |
| Any challenge to the existence of blighting factors alleged | 25 |
| in a complaint to condemn under this subsection shall be raised | 26 |
| within 6 months of the filing date of the complaint to condemn, |
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| and if not raised within that time the right to challenge the | 2 |
| existence of those blighting factors shall be deemed waived. | 3 |
| Evidence that the Illinois Commerce Commission has granted | 4 |
| a certificate or otherwise made a finding of public convenience | 5 |
| and necessity for an acquisition of property (or any right or | 6 |
| interest in property) for private ownership or control | 7 |
| (including, without limitation, an acquisition for which the | 8 |
| use of eminent domain is authorized under the Public Utilities | 9 |
| Act, the Telephone Company Act, or the Electric Supplier Act) | 10 |
| to be used for utility purposes creates a rebuttable | 11 |
| presumption that such acquisition of that property (or right or | 12 |
| interest in property) is (i) primarily for the benefit, use, or | 13 |
| enjoyment of the public and (ii) necessary for a public | 14 |
| purpose. | 15 |
| In the case of an acquisition of property (or any right or | 16 |
| interest in property) for private ownership or control to be | 17 |
| used for utility, pipeline, or railroad purposes for which no | 18 |
| certificate or finding of public convenience and necessity by | 19 |
| the Illinois Commerce Commission is required, evidence that the | 20 |
| acquisition is one for which the use of eminent domain is | 21 |
| authorized under one of the following laws creates a rebuttable | 22 |
| presumption that the acquisition of that property (or right or | 23 |
| interest in property) is (i) primarily for the benefit, use, or | 24 |
| enjoyment of the public and (ii) necessary for a public | 25 |
| purpose: | 26 |
| (1) the Public Utilities Act, |
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| (2) the Telephone Company Act, | 2 |
| (3) the Electric Supplier Act, | 3 |
| (4) the Railroad Terminal Authority Act, | 4 |
| (5) the Grand Avenue Railroad Relocation Authority | 5 |
| Act, | 6 |
| (6) the West Cook Railroad Relocation and Development | 7 |
| Authority Act, | 8 |
| (7) Section 4-505 of the Illinois Highway Code, | 9 |
| (8) Section 17 or 18 of the Railroad Incorporation Act, | 10 |
| (9) Section 18c-7501 of the Illinois Vehicle Code. | 11 |
| (d) If the exercise of eminent domain authority is to | 12 |
| acquire property for private ownership or control and if the | 13 |
| primary basis for the acquisition is the elimination of blight | 14 |
| and the condemning authority elects to proceed under this | 15 |
| subsection, then the condemning authority must: (i) prove by a | 16 |
| preponderance of the evidence that acquisition of the property | 17 |
| for private ownership or control is necessary for a public | 18 |
| purpose; (ii) prove by a preponderance of the evidence that the | 19 |
| property to be acquired is located in an area that is currently | 20 |
| designated as a blighted area or conservation area under an | 21 |
| applicable statute; (iii) if the existence of blight or | 22 |
| blighting factors is challenged in an appropriate motion filed | 23 |
| within 6 months after the date of filing of the complaint to | 24 |
| condemn, prove by a preponderance of the evidence that the | 25 |
| required blighting factors existed in the area so designated | 26 |
| (but not necessarily in the particular property to be acquired) |
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| at the time of the designation under item (ii) or at any time | 2 |
| thereafter; and (iv) prove by a preponderance of the evidence | 3 |
| at least one of the following: | 4 |
| (A) that it has entered into an express written | 5 |
| agreement in which a private person or entity agrees to | 6 |
| undertake a development project within the blighted area | 7 |
| that specifically details the reasons for which the | 8 |
| property or rights in that property are necessary for the | 9 |
| development project; | 10 |
| (B) that the exercise of eminent domain power and the | 11 |
| proposed use of the property by the condemning authority | 12 |
| are consistent with a regional plan that has been adopted | 13 |
| within the past 5 years in accordance with Section 5-14001 | 14 |
| of the Counties Code or Section 11-12-6 of the Illinois | 15 |
| Municipal Code or with a local land resource management | 16 |
| plan adopted under Section 4 of the Local Land Resource | 17 |
| Management Planning Act; or | 18 |
| (C) that (1) the acquired property will be used in the | 19 |
| development of a project that is consistent with the land | 20 |
| uses set forth in a comprehensive redevelopment plan | 21 |
| prepared in accordance with the applicable statute | 22 |
| authorizing the condemning authority to exercise the power | 23 |
| of eminent domain and is consistent with the goals and | 24 |
| purposes of that comprehensive redevelopment plan, and (2) | 25 |
| an enforceable written agreement, deed restriction, or | 26 |
| similar encumbrance has been or will be executed and |
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| recorded against the acquired property to assure that the | 2 |
| project and the use of the property remain consistent with | 3 |
| those land uses, goals, and purposes for a period of at | 4 |
| least 40 years, which execution and recording shall be | 5 |
| included as a requirement in any final order entered in the | 6 |
| condemnation proceeding. | 7 |
| The existence of an ordinance, resolution, or other | 8 |
| official act designating an area as blighted is not prima facie | 9 |
| evidence of the existence of blight. A finding by the court in | 10 |
| a condemnation proceeding that a property or area has not been | 11 |
| proven to be blighted does not apply to any other case or | 12 |
| undermine the designation of a blighted area or conservation | 13 |
| area or the determination of the existence of blight for any | 14 |
| other purpose or under any other statute, including without | 15 |
| limitation under the Tax Increment Allocation Redevelopment | 16 |
| Act (Article 11, Division 74.4 of the Illinois Municipal Code). | 17 |
| Any challenge to the existence of blighting factors alleged | 18 |
| in a complaint to condemn under this subsection shall be raised | 19 |
| within 6 months of the filing date of the complaint to condemn, | 20 |
| and if not raised within that time the right to challenge the | 21 |
| existence of those blighting factors shall be deemed waived. | 22 |
| (e) If the exercise of eminent domain authority is to | 23 |
| acquire property for private ownership or control and if the | 24 |
| primary purpose of the acquisition is one of the purposes | 25 |
| specified in item (iii) of this subsection and the condemning | 26 |
| authority elects to proceed under this subsection, then the |
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| condemning authority must prove by a preponderance of the | 2 |
| evidence that: (i) the acquisition of the property is necessary | 3 |
| for a public purpose; (ii) an enforceable written agreement, | 4 |
| deed restriction, or similar encumbrance has been or will be | 5 |
| executed and recorded against the acquired property to assure | 6 |
| that the project and the use of the property remain consistent | 7 |
| with the applicable purpose specified in item (iii) of this | 8 |
| subsection for a period of at least 40 years, which execution | 9 |
| and recording shall be included as a requirement in any final | 10 |
| order entered in the condemnation proceeding; and (iii) the | 11 |
| acquired property will be one of the following:
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| (1) included in the project site for a residential | 13 |
| project, or a
mixed-use project including residential | 14 |
| units, where not less than 20% of the residential units in | 15 |
| the project are made available, for at least 15 years, by | 16 |
| deed
restriction, long-term lease, regulatory agreement, | 17 |
| extended use agreement, or a
comparable recorded | 18 |
| encumbrance, to low-income households and very low-income | 19 |
| households, as defined in Section 3 of
the Illinois | 20 |
| Affordable Housing Act; | 21 |
| (2) used primarily for public airport, road, parking, | 22 |
| or mass transportation purposes and sold or leased to a | 23 |
| private party in a sale-leaseback, lease-leaseback,
or | 24 |
| similar structured financing; | 25 |
| (3) owned or used by a public utility or electric | 26 |
| cooperative for utility purposes; |
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| (4) owned or used by a railroad for
passenger or | 2 |
| freight transportation purposes; | 3 |
| (5)
sold or leased to a private party that operates a | 4 |
| water supply, waste water,
recycling, waste disposal, | 5 |
| waste-to-energy, or similar facility; | 6 |
| (6) sold or leased
to a not-for-profit corporation | 7 |
| whose purposes include the preservation of open
space, the | 8 |
| operation of park space, and similar public purposes; | 9 |
| (7)
used as a library, museum, or related facility, or | 10 |
| as infrastructure related to
such a facility; | 11 |
| (8) used by a private party for the
operation of a | 12 |
| charter school open to the general public; or
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| (9) a historic resource, as defined in Section 3 of the | 14 |
| Illinois State Agency Historic Resources Preservation Act, | 15 |
| a landmark designated as such under a local ordinance, or a | 16 |
| contributing structure within a local landmark district | 17 |
| listed on the National Register of Historic Places, that is | 18 |
| being acquired for purposes of preservation or | 19 |
| rehabilitation. | 20 |
| (f) If the exercise of eminent domain authority is to | 21 |
| acquire property for public ownership and private control and | 22 |
| if the primary purpose of the acquisition is one of the | 23 |
| purposes specified in item (iii) of this subsection and the | 24 |
| condemning authority elects to proceed under this subsection, | 25 |
| then the condemning authority must prove by a preponderance of | 26 |
| the evidence that: (i) the acquisition of the property is |
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| necessary for a public purpose; (ii) the acquired property will | 2 |
| be owned by the condemning authority or another governmental | 3 |
| entity; and (iii) the acquired property will be controlled by a | 4 |
| private party that operates a
business or facility related to | 5 |
| the condemning authority's operation of a university, medical | 6 |
| district, hospital, exposition or convention center, mass | 7 |
| transportation facility, or airport,
including, but not | 8 |
| limited to, a medical clinic, research and development center, | 9 |
| food or commercial concession facility, social service | 10 |
| facility, maintenance or storage facility, cargo facility,
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| rental car facility, bus facility, taxi facility, flight | 12 |
| kitchen,
fixed based operation, parking facility, refueling | 13 |
| facility, water supply facility, and railroad tracks and
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| stations. | 15 |
| (g) This Article is a limitation on the exercise of the | 16 |
| power of eminent domain, but is not an independent grant of | 17 |
| authority to exercise the power of eminent domain.
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| (Source: P.A. 94-1055, eff. 1-1-07.)
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| (735 ILCS 30/10-5-60) (was 735 ILCS 5/7-121)
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| Sec. 10-5-60. Value. Except as to property designated as | 21 |
| possessing a special use, the
fair cash market value of | 22 |
| property in a proceeding in eminent domain
shall be the amount | 23 |
| of money that a purchaser, willing, but not
obligated, to buy | 24 |
| the property, would pay to an owner willing,
but not
obliged, | 25 |
| to sell in a voluntary sale. |
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| For the acquisition or damaging of property under the | 2 |
| O'Hare Modernization Act, Section 4-505 of the Illinois Highway | 3 |
| Code, the Illinois Aeronautics Act, or for the purpose of | 4 |
| development or redevelopment of any publicly owned airport, the | 5 |
| amount shall be determined as of the date of filing the | 6 |
| complaint to condemn. For the acquisition of other property, | 7 |
| the amount shall be
determined and ascertained as of the date | 8 |
| of filing the complaint to
condemn, except that: | 9 |
| (i) in the case of property not being acquired under | 10 |
| Article 20 (quick-take), if the trial commences more than 2 | 11 |
| years after the date of filing the complaint to condemn, | 12 |
| the court may, in the interest of justice and equity, | 13 |
| declare a valuation date no sooner than the date of filing | 14 |
| the complaint to condemn and no later than the date of | 15 |
| commencement of the trial; and | 16 |
| (ii) in the case of property that is being acquired | 17 |
| under Article 20 (quick-take), if the trial commences more | 18 |
| than 2 years after the date of filing the complaint to | 19 |
| condemn, the court may, in the interest of justice and | 20 |
| equity, declare a valuation date no sooner than the date of | 21 |
| filing the complaint to condemn and no later than the date | 22 |
| on which the condemning authority took title to the | 23 |
| property. | 24 |
| In the condemnation of property for a public
improvement,
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| there shall be excluded from the fair cash market value of the | 26 |
| property
any
appreciation in value proximately caused by the
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| improvement and any
depreciation in value proximately caused by | 2 |
| the
improvement. However,
such appreciation or depreciation | 3 |
| shall not be excluded
when property is condemned for a separate | 4 |
| project conceived
independently of and subsequent to the | 5 |
| original project. | 6 |
| (Source: P.A. 94-1055, eff. 1-1-07.) | 7 |
| (735 ILCS 30/10-5-105)
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| Sec. 10-5-105. Sale of certain property acquired by | 9 |
| condemnation. | 10 |
| (a) This Section applies only to property that (i) has been | 11 |
| acquired after the effective date of this Act by condemnation | 12 |
| or threat of condemnation, (ii) was acquired for public | 13 |
| ownership and control by the condemning authority or another | 14 |
| public entity, and (iii) has been under the ownership and | 15 |
| control of the condemning authority or that other public entity | 16 |
| for a total of less than 5 years. | 17 |
| As used in this Section, "threat of condemnation" means | 18 |
| that the condemning authority has made an offer to purchase | 19 |
| property and has the authority to exercise the power of eminent | 20 |
| domain with respect to that property. | 21 |
| (b) Any governmental entity seeking to dispose of property | 22 |
| to which this Section applies must dispose of that property in | 23 |
| accordance with this Section, unless disposition of that | 24 |
| property is otherwise specifically authorized or prohibited by | 25 |
| law enacted by the General Assembly before, on, or after the |
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| effective date of this Act. | 2 |
| (c) The sale or public auction by the State of property to | 3 |
| which this Section applies must be conducted in the manner | 4 |
| provided in the State Property Control Act for the disposition | 5 |
| of surplus property. | 6 |
| (d) The sale or public auction by a municipality of | 7 |
| property to which this Section applies must be conducted in | 8 |
| accordance with Section 11-76-4.1 or 11-76-4.2 of the Illinois | 9 |
| Municipal Code. | 10 |
| (e) The sale or public auction by any other unit of local | 11 |
| government or school district of property to which this Section | 12 |
| applies must be conducted in accordance with this subsection | 13 |
| (e). The corporate
authorities of the unit of local government | 14 |
| or school district, by resolution, may authorize the sale or | 15 |
| public
auction of
the property as surplus public real estate. | 16 |
| The value of the real estate shall be
determined by a written | 17 |
| MAI-certified appraisal or by a written certified
appraisal of | 18 |
| a State-certified or State-licensed real estate appraiser. The
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| appraisal shall be available for public inspection. The | 20 |
| resolution may direct
the sale to be conducted by the staff of | 21 |
| the unit of local government or school district; by
listing
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| with local licensed real estate agencies, in which case the | 23 |
| terms of the
agent's compensation shall be included in the | 24 |
| resolution; or by public
auction. The resolution
shall be | 25 |
| published at the first opportunity following its passage in a
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| newspaper or newspapers published in the county or counties in |
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| which the unit of local government or school district is | 2 |
| located. The resolution
shall also contain pertinent | 3 |
| information concerning the size, use, and
zoning of the real | 4 |
| estate and the terms of sale. The corporate authorities of the | 5 |
| unit of local government or school district may accept any | 6 |
| contract proposal determined by them to be in the best
interest | 7 |
| of the unit of local government or school district by a vote of | 8 |
| two-thirds of
the
members of the corporate authority of the | 9 |
| unit of local government or school district then holding | 10 |
| office, but in no event at a price
less
than 80% of the | 11 |
| appraised value. | 12 |
| (f) This Section does not apply to the acquisition or | 13 |
| damaging of property under the O'Hare Modernization Act , | 14 |
| Section 4-505 of the Illinois Highway Code, the Illinois | 15 |
| Aeronautics Act, or for the purpose of development or | 16 |
| redevelopment of any publicly owned airport .
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| (Source: P.A. 94-1055, eff. 1-1-07; 95-331, eff. 8-21-07.) | 18 |
| (735 ILCS 30/10-5-110)
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| Sec. 10-5-110. Offers of settlement by defendant; | 20 |
| attorney's fees and litigation expenses. | 21 |
| (a) This Section applies only to proceedings for the | 22 |
| acquisition of property for private ownership or control that | 23 |
| are subject to subsection (c), (d), (e), or (f) of Section | 24 |
| 5-5-5. | 25 |
| (b) At any time between (i) the close of discovery in |
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| accordance with Supreme Court Rule 218(c), as now or hereafter | 2 |
| amended, or another date set by the court or agreed to by the | 3 |
| parties, and (ii) 14 days before the commencement of trial to | 4 |
| determine final just compensation, any defendant may serve upon | 5 |
| the plaintiff a written offer setting forth the amount of | 6 |
| compensation that the defendant will accept for the taking of | 7 |
| that defendant's interest in the property. If the defendant | 8 |
| does not make such an offer, the defendant shall not be | 9 |
| entitled to the attorney's fees and other reimbursement | 10 |
| provided under subsection (e) of this Section. | 11 |
| (c) If, within 10 days after service of the offer, the | 12 |
| plaintiff serves written notice upon that defendant that the | 13 |
| offer is accepted, then either of those parties may file a copy | 14 |
| of the offer and a copy of the notice of acceptance together | 15 |
| with proof of service of the notice. The court shall then enter | 16 |
| judgment. | 17 |
| (d) An offer that is not accepted within the 10-day period | 18 |
| is deemed to be withdrawn and evidence of the offer is not | 19 |
| admissible at trial. | 20 |
| (e) If a plaintiff does not accept an offer as provided in | 21 |
| subsection (c) and if the final just compensation for the | 22 |
| defendant's interest is determined by the trier of fact to be | 23 |
| equal to or in excess of the amount of the defendant's last | 24 |
| written offer under subsection (b), then the court must order | 25 |
| the plaintiff to pay to the defendant that defendant's | 26 |
| attorney's fees as calculated under subsection (f) of this |
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| Section. The plaintiff shall also pay to the defendant that | 2 |
| defendant's reasonable costs and litigation expenses, | 3 |
| including, without limitation, expert witness and appraisal | 4 |
| fees, incurred after the making of the defendant's last written | 5 |
| offer under subsection (b). | 6 |
| (f) Any award of attorney's fees under this Section shall | 7 |
| be based solely on the net benefit achieved for the property | 8 |
| owner, except that the court may also consider any non-monetary | 9 |
| benefits obtained for the property owner through the efforts of | 10 |
| the attorney to the extent that the non-monetary benefits are | 11 |
| specifically identified by the court and can be quantified by | 12 |
| the court with a reasonable degree of certainty. "Net benefit" | 13 |
| means the difference, exclusive of interest, between the final | 14 |
| judgment or settlement and the last written offer made by the | 15 |
| condemning authority before the filing date of the condemnation | 16 |
| complaint. The award shall be calculated as follows, subject to | 17 |
| the Illinois Rules of Professional Conduct: | 18 |
| (1) 33% of the net benefit if the net benefit is | 19 |
| $250,000 or less; | 20 |
| (2) 25% of the net benefit if the net benefit is more | 21 |
| than $250,000 but less than $1 million; or | 22 |
| (3) 20% of the net benefit if the net benefit is $1 | 23 |
| million or more. | 24 |
| (g) This Section does not apply to the acquisition of | 25 |
| property under the O'Hare Modernization Act , Section 4-505 of | 26 |
| the Illinois Highway Code, the Illinois Aeronautics Act, or for |
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HB3657 |
- 17 - |
LRB096 02935 AJO 12949 b |
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| 1 |
| the purpose of development or redevelopment of any publicly | 2 |
| owned airport .
| 3 |
| (Source: P.A. 94-1055, eff. 1-1-07.) | 4 |
| (735 ILCS 30/15-1-5)
| 5 |
| Sec. 15-1-5. Grants of power in other statutes; this Act | 6 |
| controls. The State of Illinois and its various subdivisions | 7 |
| and agencies, and all units of local government, school | 8 |
| districts, and other entities, have the powers of condemnation | 9 |
| and eminent domain that are (i) expressly provided in this Act | 10 |
| or (ii) expressly provided in any other provision of law. Those | 11 |
| powers may be exercised, however, only in accordance with this | 12 |
| Act. If any power of condemnation or eminent domain that arises | 13 |
| under any other provision of law is in conflict with this Act, | 14 |
| this Act controls. This Section does not apply to the | 15 |
| acquisition or damaging of property under the O'Hare | 16 |
| Modernization Act , Section 4-505 of the Illinois Highway Code, | 17 |
| the Illinois Aeronautics Act, or for the purpose of development | 18 |
| or redevelopment of any publicly owned airport .
| 19 |
| (Source: P.A. 94-1055, eff. 1-1-07.)
| 20 |
| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law.
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|