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Illinois Compiled Statutes - Full Text
Illinois Compiled Statutes (ILCS)
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(735 ILCS 30/20-5-20) (was 735 ILCS 5/7-106)
Sec. 20-5-20. Withdrawal by persons having an interest. At any time after the plaintiff has taken possession of the property
pursuant to the order of taking, if an appeal has not been and will not
be taken from the court's order described in subsection (b) of Section
20-5-10 of this Act, or if such an appeal has been taken and has been
determined in favor of the plaintiff, any party interested in the
property may apply to the court for authority to withdraw,
for his or her own
use, his or her share (or any part thereof) of the amount preliminarily found by
the court to be just compensation and deposited by the plaintiff, in
accordance with the provisions of subsection (a) of Section
20-5-15
of this Act,
as that share is determined by the court. The court
shall then fix a date for a hearing on the application for authority to withdraw and shall
require due notice of the application to be given to each party whose
interests would be affected by the withdrawal. After the hearing, the
court may authorize the withdrawal requested, or any part thereof as
is proper, but upon the condition that the party making the
withdrawal shall refund to the clerk of the court, upon the entry of a
proper court order, any portion of the amount withdrawn that
exceeds the amount finally ascertained in the proceeding to be just
compensation (or damages, costs, expenses, or attorney fees) owing to
that party.
(Source: P.A. 94-1055, eff. 1-1-07.) |