(735 ILCS 30/20-5-10) (was 735 ILCS 5/7-104)
Sec. 20-5-10. Preliminary finding of compensation. (a) The court shall fix a date, not less than 5 days after
the filing of a motion under Section 20-5-5, for the hearing on that motion and shall require
due notice to be given to each party to the proceeding whose interests
would be affected by the taking requested, except that any party who has
been or is being served by publication and who has not entered his or her
appearance in the proceeding need not be given notice unless the court
so requires, in its discretion and in the interests of justice.
(b) At the hearing, if the court has not previously, in the same
proceeding, determined that the plaintiff has authority to exercise the
right of eminent domain, that the property sought to be taken is subject
to the exercise of that right, and that the right of eminent domain is not being
improperly exercised in the particular proceeding, then the court shall first
hear and determine those matters. The court's order on those matters is
appealable and an appeal may be taken from that order by either party within
30 days after the entry of the order, but not thereafter, unless the
court, on good cause shown, extends the time for taking the
appeal. However, no appeal shall stay the further proceedings
prescribed in this Act unless the appeal is taken by the plaintiff or unless an
order staying further proceedings is entered either by the
trial court or by the court to which the appeal is taken.
(c) If the foregoing matters are determined in favor of the
plaintiff and further proceedings are not stayed, or if further
proceedings are stayed and the appeal results in a determination in
favor of the plaintiff, the court then shall hear the issues raised by
the plaintiff's motion for taking. If the court finds that reasonable
necessity exists for taking the property in the manner requested in the
motion, then the court shall hear such evidence as it may consider
necessary and proper for a preliminary finding of just compensation. In its discretion, the court may appoint 3 competent and disinterested
appraisers as agents of the court to evaluate the property to which the
motion relates and to report their conclusions to the court; and their
fees shall be paid by the plaintiff. The court shall then make a
preliminary finding of the amount constituting just compensation.
(d) The court's preliminary finding of just compensation and any deposit
made or security provided pursuant to that finding shall not be evidence in the
further proceedings to ascertain finally the just compensation to be
paid and shall not be disclosed in any manner to a jury impaneled in
the proceedings. If appraisers have been appointed, as
authorized under this Article, their report shall not be evidence in those further
proceedings, but the appraisers may be called as witnesses by the
parties to the proceedings.
(Source: P.A. 94-1055, eff. 1-1-07.) |