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735 ILCS 30/20-5-5
(735 ILCS 30/20-5-5) (was 735 ILCS 5/7-103)
Sec. 20-5-5. Quick-take. (a) This Section applies only to proceedings under this Article that are
authorized in this Article and in Article 25 of this Act.
(b) In a proceeding subject to this Section,
the plaintiff, at any time after the complaint has been filed and before
judgment is entered in the proceeding, may file a written motion requesting
that, immediately or at some specified later date, the plaintiff either: (i) be
vested with the fee simple title (or such lesser estate, interest, or
easement, as may be required) to the real property, or a specified portion
of that property, which is the subject of the proceeding, and be authorized to take
possession of and use the property; or (ii) only be authorized to take
possession of and to use the property, if possession and use, without
the vesting of title, are sufficient to permit the plaintiff to proceed
with the project until the final ascertainment of compensation. No
land or interests in land now or hereafter owned, leased, controlled, or
operated and used by, or necessary for the actual operation of, any common
carrier engaged in interstate commerce, or any other public utility subject
to the jurisdiction of the Illinois Commerce Commission, shall be taken or
appropriated under this Section by the State of Illinois, the Illinois Toll Highway
Authority, the sanitary district, the St. Louis Metropolitan Area Airport
Authority, or the Board of Trustees of the University of Illinois without
first securing the approval of the Illinois Commerce Commission.
Except as otherwise provided in this Article, the motion for taking shall
state: (1) an accurate description of the property to which the motion
relates and the estate or interest sought to be acquired in that property; (2)
the formally adopted schedule or plan of operation for the execution of
the plaintiff's project; (3) the situation of the property to which the
motion relates, with respect to the schedule or plan; (4) the necessity
for taking the
property in the manner requested in the motion; and (5)
if the property (except property described in Section 3 of the Sports
Stadium Act or property described as Site B in Section 2 of the
Metropolitan Pier and Exposition Authority Act) to be taken is owned,
leased, controlled, or operated and used by, or necessary for the actual
operation of, any interstate common carrier or other public utility subject
to the jurisdiction of the Illinois Commerce Commission, a statement to the
effect that the approval of the proposed taking has been secured from the
Commission, and attaching to the motion a certified copy of the order of
the Illinois Commerce Commission granting approval. If the schedule or plan of
operation is not set forth fully in the motion, a copy of the schedule or
plan shall be attached to the motion.
(Source: P.A. 94-1055, eff. 1-1-07.) |
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