Full Text of HB0699 094th General Assembly
HB0699 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0699
Introduced 02/01/05, by Rep. Joseph M. Lyons SYNOPSIS AS INTRODUCED: |
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735 ILCS 5/7-102.3 new |
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735 ILCS 5/7-102.5 new |
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Amends the Code of Civil Procedure. Provides for the reimbursement of costs and attorney's fees for the defendant in a eminent domain condemnation proceeding. Sets out a rate schedule for attorney's fees based upon the benefit to the defendant and a list of factors that the court shall consider when determining the amount of those fees.
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB0699 |
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LRB094 07040 LCB 37182 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 Code of Civil Procedure is amended by adding | 5 |
| Sections 7-102.3 and 7-102.5 as follows: | 6 |
| (735 ILCS 5/7-102.3 new) | 7 |
| Sec. 7-102.3. Costs; condemnation proceedings. | 8 |
| (a) The petitioner shall pay attorney's fees as provided in | 9 |
| Section 7-102.5 as well as all reasonable costs incurred in the | 10 |
| defense of the proceedings in the circuit court including, but | 11 |
| not limited to, reasonable appraisal fees and, when business | 12 |
| damages are compensable, a reasonable accountant's fee to be | 13 |
| assessed by that court. No prejudgment interest shall be paid | 14 |
| on costs or attorney's fees. | 15 |
| (b) At least 30 days prior to a hearing to assess costs | 16 |
| under this Section, the condemnee's attorney shall submit to | 17 |
| the condemning authority for each expert witness complete time | 18 |
| records and a detailed statement of services rendered by date, | 19 |
| nature of services performed, time spent performing the | 20 |
| services, and the costs incurred and a copy of any fee | 21 |
| agreement that may exist between the expert and the condemnee | 22 |
| or the condemnee's attorney. | 23 |
| (c) In assessing costs, the court shall consider all | 24 |
| factors relevant to the reasonableness of the costs including, | 25 |
| but not limited to, the fees paid to similar experts retained | 26 |
| in the case by the condemning authority or other parties and | 27 |
| the reasonable costs of similar services by similarly qualified | 28 |
| persons.
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| (d) In assessing costs to be paid by the petitioner, the | 30 |
| court shall be guided by the amount the defendant would | 31 |
| ordinarily have been expected to pay for the services rendered | 32 |
| if the petitioner were not responsible for the costs. |
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| (e) The court shall make specific findings that justify | 2 |
| each sum awarded as an expert witness fee.
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| (735 ILCS 5/7-102.5 new) | 4 |
| Sec. 7-102.5. Attorney's fees; condemnation proceedings. | 5 |
| (a) Except as otherwise provided in this Section, the | 6 |
| court, in eminent domain condemnation proceedings, shall award | 7 |
| attorney's fees based solely on the benefits achieved for the | 8 |
| client.
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| (b) As used in this Section, the term "benefits" means the | 10 |
| difference, excluding interest, between the final judgment or | 11 |
| settlement and the last written offer made by the condemning | 12 |
| authority before the defendant hires an attorney. If no written | 13 |
| offer is made by the condemning authority before the defendant | 14 |
| hires an attorney, benefits must be measured from the first | 15 |
| written offer after the attorney is hired.
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| (c) In determining attorney's fees: (i) if business records | 17 |
| that are kept by the owner in the ordinary course of business | 18 |
| were provided to the condemning authority to substantiate the | 19 |
| claim of damage to a business, benefits for amounts awarded for | 20 |
| business damages must be based on the difference between the | 21 |
| final judgment or settlement and the latest written | 22 |
| counteroffer made by the condemning authority, if any; and (ii) | 23 |
| if existing business records that are kept by the owner in the | 24 |
| ordinary course of business were not provided to the condemning | 25 |
| authority to substantiate the claim of damage to a business and | 26 |
| those records that were not provided are later deemed material | 27 |
| to the determination of business damages, benefits for amounts | 28 |
| awarded for business damages must be based upon the difference | 29 |
| between the final judgment or settlement and the first written | 30 |
| counteroffer made by the condemning authority within 90 days | 31 |
| from the condemning authority's receipt of the business records | 32 |
| previously not provided. | 33 |
| (d) Attorney's fees based on benefits achieved shall be | 34 |
| awarded in accordance with the following schedule:
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| (1) 33% of any benefit up to $250,000; plus
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| (2) 25% of any portion of the benefit between $250,000 | 2 |
| and $1 million; plus
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| (3) 20% of any portion of the benefit exceeding $1 | 4 |
| million.
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| (e) In assessing attorney's fees incurred in defeating an | 6 |
| order of taking or for apportionment or for any other | 7 |
| supplemental proceedings, when not otherwise provided for, the | 8 |
| court shall consider:
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| (1) The novelty, difficulty, and importance of the | 10 |
| questions involved.
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| (2) The skill employed by the attorney in conducting | 12 |
| the cause.
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| (3) The amount of money involved.
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| (4) The responsibility incurred and fulfilled by the | 15 |
| attorney. | 16 |
| (5) The attorney's time and labor reasonably required | 17 |
| adequately to represent the client in relation to the | 18 |
| benefits resulting to the client. | 19 |
| (6) The fee or rate of fee customarily charged for | 20 |
| legal services of a comparable or similar nature. | 21 |
| (7) Nonmonetary benefits obtained for the client | 22 |
| through the efforts of the attorney, to the extent that the | 23 |
| nonmonetary benefits are specifically identified by the | 24 |
| court and can, within a reasonable degree of certainty, be | 25 |
| quantified. | 26 |
| (f) In determining the amount of attorney's fees to be paid | 27 |
| by the petitioner under subsection (e) of this Section, the | 28 |
| court shall be guided by the fees the defendant would | 29 |
| ordinarily be expected to pay for these services if the | 30 |
| petitioner were not responsible for the payment of those fees. | 31 |
| (g) At least 30 days prior to a hearing to assess | 32 |
| attorney's fees under subsection (e) of this Section, the | 33 |
| condemnee's attorney shall submit to the condemning authority | 34 |
| and to the court complete time records and a detailed statement | 35 |
| of services rendered by date, nature of services performed, | 36 |
| time spent performing the services, and the costs incurred. |
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| (h) The defendant shall provide the court with a copy of | 2 |
| any fee agreement that may exist between the defendant and his | 3 |
| or her attorney, and the court shall reduce the amount of | 4 |
| attorney's fees to be paid by the defendant by the amount of | 5 |
| any attorney's fees awarded by the court.
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