(65 ILCS 5/11-135-6) (from Ch. 24, par. 11-135-6)
Sec. 11-135-6. Whenever such commission shall pass an ordinance for the
construction or acquisition of any waterworks properties, or improvements
or extension or mains, pumping stations, reservoirs or other appurtenances
thereto, which such commission is authorized to make, the making of which
will require that private property be taken or damaged, such commission may
cause compensation therefor to be ascertained and may condemn and acquire
possession thereof in the same manner as nearly as may be, as provided for
the exercise of the right of eminent domain under the Eminent Domain Act. However,
proceedings to ascertain the compensation to be paid for taking or damaging
private property shall in all cases be instituted in the circuit court
of the county where the property sought to be taken or damaged is situated.
In addition, when a Water Commission created under the Water Commission
Act of 1985, as amended, requires that public property be taken or damaged
for the purposes specified above, such commission may condemn and acquire
possession of public property and cause compensation for such public
property to be ascertained in the same manner provided for the exercise of
the right of eminent domain under the Eminent Domain Act, during such time as the Commission has the power to
initiate action in the manner provided by Article 20 of the Eminent Domain Act (quick-take procedure).
In the event a Commission created under the Water Commission Act of
1985 shall determine that negotiations for the acquisition of property or
easements for making any
improvement which such Commission is authorized to make have proven
unsuccessful and the Commission shall have by resolution adopted a schedule
or plan of operation for the execution of the project and therein made a
finding that it is necessary to take such property or easements immediately
or at some specified later date in order to comply with the schedule, the
Commission may commence proceedings to acquire such property or easements
in the same manner provided in Article 20 of the Eminent Domain Act (quick-take procedure); except that if the property or easement is
located in a municipality having more than 2,000,000 inhabitants, the
Commission may not commence such proceedings until the acquisition has been
approved by ordinance of the corporate authorities of the municipality.
Any commission has the power to acquire, hold, sell, lease as lessor or
lessee, transfer or dispose of real or personal property, or interest
therein, as it deems appropriate in the exercise of its powers for its
lawful purposes. When, in the opinion of a commission, real estate owned by
it, however acquired, is no longer necessary, appropriate, required for
the use of, profitable to, or for best interest of the commission, such
commission may, by resolution, lease such surplus real estate for a period
not to exceed 99 years, or sell such surplus real estate, in accordance
with procedures adopted by resolution by such commission.
(Source: P.A. 94-1055, eff. 1-1-07.)
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