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(70 ILCS 3615/2.13) (from Ch. 111 2/3, par. 702.13)
Sec. 2.13. (a) The Authority may take and acquire possession by eminent domain of
any property or interest in property which the Authority is authorized to
acquire under this Act. The power of eminent domain may be exercised by
ordinance of the Authority, and shall extend to all types of interests in
property, both real and personal (including without limitation easements
for access purposes to and rights of concurrent usage of existing or
planned public transportation facilities), whether or not the property is
public property or is devoted to public use and whether or not the property
is owned or held by a public transportation agency, except as specifically
limited by this Act.
(b) The Authority shall exercise the power of eminent domain granted in
this Section in the manner provided for the exercise
of the right of eminent domain under the Eminent Domain Act, except that the Authority may not exercise the authority
provided in Article 20 of the Eminent Domain Act (quick-take procedure)
providing for immediate
possession in such proceedings, and except that those provisions of Section 10-5-10 of the Eminent Domain Act requiring prior approval of the
Illinois Commerce Commission
in certain instances shall apply to eminent domain proceedings by the
Authority only as to any taking or damaging by the Authority of any real
property of a railroad not used for public transportation or of any real
property of other public utilities.
(c) The Authority may exercise the right of eminent domain to acquire
public property only upon the concurrence of 2/3 of the then Directors. In
any proceeding for the taking of public property by the Authority through
the exercise of the power of eminent domain the venue shall be in the
Circuit Court of the county in which the property is located. The right of
eminent domain may be exercised over property used for public park
purposes, for State Forest purposes or for forest preserve purposes only
upon a written finding adopted by concurrence of 2/3 of the then Directors,
after public hearing and a written study done for the Authority, that such
taking is necessary to accomplish the purposes of this Act, that no
feasible alternatives to such taking exist, and that the advantages to the
public from such taking exceed the disadvantages to the public of doing so.
In any proceeding for the exercise of the right of eminent domain for the
taking by the Authority of property used for public park, State forest, or
forest preserve purposes, the court shall not order the taking of such
property unless it has reviewed and concurred in the findings required of
the Authority by this paragraph. No property dedicated as a nature
preserve pursuant to the "Illinois Natural Areas Preservation Act",
as now or hereafter amended, may be
acquired in eminent domain by the Authority.
(Source: P.A. 94-1055, eff. 1-1-07.)
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