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093_HR0454enr
HR0454 Enrolled LRB093 10616 WGH 10905 r
1 HOUSE RESOLUTION 454
2 WHEREAS, The Constitution of the State of Illinois,
3 Article 1, Section 15 states that "Private property shall not
4 be taken or damaged for public use without just compensation
5 as provided by law. Such compensation shall be determined by
6 a jury as provided by law"; and
7 WHEREAS, Quick-take powers were originally intended for
8 the acquisition of property to be used for public purposes,
9 not private purposes; therefore be it
10 RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
11 NINETY-THIRD GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that
12 before the State or a unit of local government may request
13 House approval of legislation authorizing the State or the
14 unit of local government to acquire property by eminent
15 domain using "quick-take" powers under Section 7-103 of the
16 Code of Civil Procedure, the State or the unit of local
17 government must comply with all of the following procedures:
18 (1) The State or the unit of local government must
19 notify each owner of an interest in the property, by
20 certified mail, of the intention of the State or the unit
21 of local government to request approval of legislation by
22 the General Assembly authorizing the State or the unit of
23 local government to acquire the property by eminent
24 domain using "quick-take" powers under Section 7-103 of
25 the Code of Civil Procedure.
26 (2) The State or the unit of local government must
27 cause notice of its intention to request authorization to
28 acquire the property by eminent domain using "quick-take"
29 powers to be published in a newspaper of general
30 circulation in the territory sought to be acquired by the
31 State or the unit of local government.
32 (3) Following the notices required under paragraphs
33 (1) and (2), the State or the unit of local government
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1 must hold at least one public hearing, at the place where
2 the unit of local government normally holds its business
3 meetings (or, in the case of property sought to be
4 acquired by the State: (i) at a location in the county in
5 which the property sought to be acquired by the State is
6 located, or (ii) if the property is located in Cook
7 County, at a location in the township in which the
8 property is located, or (iii) if the property is located
9 in 2 adjacent counties other than Cook County or in 2
10 adjacent townships in Cook County, at a location in the
11 county or in the township in Cook County in which the
12 majority of the property is located, or (iv) if the
13 property is located in Cook County and an adjacent
14 county, at a location in the other county or in the
15 township in Cook County in which the majority of the
16 property is located), on the question of the acquisition
17 of the property by the State or the unit of local
18 government by eminent domain using "quick-take" powers.
19 (4) In the case of property sought to be acquired
20 by a unit of local government, following the public
21 hearing or hearings held under paragraph (3), the unit of
22 local government must adopt, by recorded vote, a
23 resolution to request approval of legislation by the
24 General Assembly authorizing the unit of local government
25 to acquire the property by eminent domain using
26 "quick-take" powers under Section 7-103 of the Code of
27 Civil Procedure. The resolution must include a statement
28 of the time period within which the unit of local
29 government requests authority to exercise "quick-take"
30 powers, which may not exceed one year.
31 (5) Following the public hearing or hearings held
32 under paragraph (3), and not less than 30 days following
33 the notice to the property owner or owners required under
34 paragraph (1), the head of the appropriate State office,
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1 department, or agency or the chief elected official of
2 the unit of local government must submit to the Chairman
3 and Minority Spokesperson of the House Executive
4 Committee a sworn, notarized affidavit that states all of
5 the following:
6 (A) The legal description of the property.
7 (B) The street address of the property.
8 (C) The name of each State Senator and State
9 Representative who represents the territory that is
10 the subject of the proposed taking.
11 (D) The date or dates on which the State or
12 the unit of local government contacted each such
13 State Senator and State Representative concerning
14 the intention of the State or the unit of local
15 government to request approval of legislation by the
16 General Assembly authorizing the State or the unit
17 of local government to acquire the property by
18 eminent domain using "quick-take" powers.
19 (E) The current name, address, and telephone
20 number of each owner of an interest in the property.
21 (F) A summary of all negotiations between the
22 State or the unit of local government and the owner
23 or owners of the property concerning the sale of the
24 property to the State or the unit of local
25 government.
26 (G) A statement of the date and location of
27 each public hearing held under paragraph (3).
28 (H) A statement of the public purpose for
29 which the State or the unit of local government
30 seeks to acquire the property.
31 The affidavit must also contain the certification of
32 the head of the appropriate State office, department, or
33 agency or the chief elected official of the unit of local
34 government that (i) the property is located within the
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1 territory under the jurisdiction of the State or the unit
2 of local government and (ii) the State or the unit of
3 local government seeks to acquire the property for a
4 public purpose.
5 (6) Together with the affidavit submitted under
6 paragraph (5), the head of the appropriate State office,
7 department, or agency or the chief elected official of
8 the unit of local government must submit the following
9 items to the Chairman and Minority Spokesperson of the
10 House Executive Committee:
11 (A) A map of the area in which the property to
12 be acquired is located, showing the location of the
13 property.
14 (B) Photographs of the property.
15 (C) An appraisal of the property by a real
16 estate appraiser who is certified or licensed under
17 the Real Estate Appraiser Licensing Act of 2002.
18 (D) In the case of property sought to be
19 acquired by a unit of local government, a copy of
20 the resolution adopted by the unit of local
21 government under paragraph (4).
22 (E) Documentation of the public purpose for
23 which the State or the unit of local government
24 seeks to acquire the property.
25 (F) A copy of each notice sent to an owner of
26 an interest in the property under paragraph (1); and
27 be it further
28 RESOLVED, That every affidavit submitted by the State or
29 a unit of local government pursuant to this Resolution,
30 together with all documents and other items submitted with
31 the affidavit, must be made available to any person upon
32 request for inspection and copying.
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