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(70 ILCS 2105/10a) (from Ch. 42, par. 393)
Sec. 10a. Such conservancy district may acquire by purchase, condemnation
or otherwise any and all real and personal property, right of way and
privileges whether within or without its corporate limits that may be
required for its corporate purposes; and in case any district formed
hereunder shall be unable to agree with any person or party upon the terms
and amounts for which it may desire to acquire or purchase any such
property, it may proceed to acquire the same in accordance with the terms
and provisions of this Act.
Whenever the board of trustees of any conservancy district shall pass an
ordinance for the making of any improvement which such district is
authorized to make, the making of which will require that private property
should be taken or damaged, such district may cause compensation therefor
to be ascertained, and may condemn and acquire possession thereof in the
same manner as nearly as may be as is provided for the exercise of the right
of eminent domain under the Eminent Domain Act: Provided, however, that proceedings
to ascertain the compensation to be paid for taking or damaging private
property shall in all cases be instituted in the county where the property
sought to be taken or damaged is situated; and, provided, that all damages
to property whether determined by agreement or by final judgment of court
shall be paid, prior to the payment of any other debt or obligation.
When in making any improvements which any district is authorized by this
Act to make, it shall be necessary to enter upon and take possession of any
public property or properties held for public use, the board of trustees of
such district shall have the power to and may acquire the necessary right
of way over any other property held for public use in the same manner as is
herein provided for acquiring private property, and may enter upon and use
the same for the purposes aforesaid: Provided,
the public use thereof shall
not be unnecessarily interrupted or interfered with, and that the same
shall be restored to its former usefulness as soon as possible.
(Source: P.A. 94-1055, eff. 1-1-07.)
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