(735 ILCS 30/20-5-15) (was 735 ILCS 5/7-105)
Sec. 20-5-15. Deposit in court; possession. (a) If the plaintiff deposits with the county treasurer money in
the amount preliminarily found by the court to be just compensation, the
court shall enter an order of taking, vesting in the plaintiff the fee
simple title (or such lesser estate, interest, or easement, as may be
required) to the property, if such vesting has been requested and has
been found necessary by the court, at a date the court considers
proper, and fixing a date on which the plaintiff is authorized to take
possession of and to use the property.
(b) If, at the request of any interested party and upon his or her showing
of undue hardship or other good cause, the plaintiff's authority to
take possession of the property is postponed for more than 10 days after
the date of vesting of title or more than 15 days after the entry
of the
order of taking when the order does not vest title in the plaintiff, then
that party shall pay to the plaintiff a reasonable rental for the
property in an amount determined by the court. Injunctive relief
or any other appropriate judicial process or
procedure shall be available to place the plaintiff in possession of
the property on and after the date fixed by the court for the taking of
possession and to prevent any unauthorized interference with
possession and the plaintiff's proper use of the property. The county
treasurer shall refund to the plaintiff the amount deposited prior to
October 1, 1973 that is in excess of
the amount preliminarily found by the court to be just compensation.
(c) When property is taken by a unit of local government for the
purpose of constructing a body of water to
be used by a local government-owned "public utility", as defined in Section
11-117-2 of the Illinois Municipal Code, and the unit of local government intends to sell or lease the property to a
non-governmental entity, the defendants holding title before the order
that transferred title shall be allowed first opportunity to repurchase
the property for a fair market value or first opportunity to lease the
property for a fair market value.
(Source: P.A. 94-1055, eff. 1-1-07.) |