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90_HB0473
735 ILCS 5/7-103 from Ch. 110, par. 7-103
Amends the Code of Civil Procedure to give quick-take
powers to the Village of Morton Grove within the area
designated as a tax increment redevelopment project area for
a period of 10 years. Effective immediately.
LRB9002602NTsb
LRB9002602NTsb
1 AN ACT to amend the Code of Civil Procedure by changing
2 Section 7-103.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Civil Procedure is amended by
6 changing Section 7-103 as follows:
7 (735 ILCS 5/7-103) (from Ch. 110, par. 7-103)
8 (Text of Section before amendment by P.A. 89-683)
9 Sec. 7-103. "Quick-take". This Section applies only to
10 proceedings under this Article:
11 (1) by the State of Illinois, the Illinois Toll
12 Highway Authority or the St. Louis Metropolitan Area
13 Airport Authority for the acquisition of land or
14 interests therein for highway purposes;
15 (2) (blank);
16 (3) by the Department of Commerce and Community
17 Affairs for the purpose specified in the Illinois Coal
18 Development Bond Act;
19 (4) (blank);
20 (5) for the purpose specified in the St. Louis
21 Metropolitan Area Airport Authority Act;
22 (6) for a period of 24 months after May 24, the
23 effective date of this amendatory Act of 1996, by the
24 Southwestern Illinois Development Authority pursuant to
25 the Southwestern Illinois Development Authority Act;
26 (7) for a period of 3 years after December 30,
27 1987, by the Quad Cities Regional Economic Development
28 Authority (except for the acquisition of land or
29 interests therein that is farmland, or upon which is
30 situated a farm dwelling and appurtenant structures, or
31 upon which is situated a residence, or which is wholly
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1 within an area that is zoned for residential use)
2 pursuant to the Quad Cities Regional Economic Development
3 Authority Act;
4 (8) by a sanitary district created under the
5 Metropolitan Water Reclamation District Act for the
6 acquisition of land or interests therein for purposes
7 specified in that Act;
8 (9) by a rail carrier within the time limitations
9 and subject to the terms and conditions set forth in
10 Section 18c-7501 of the Illinois Vehicle Code;
11 (10) for a period of 18 months after January 26,
12 1987, for the purpose specified in Division 135 of
13 Article 11 of the Illinois Municipal Code, by a
14 commission created under Section 2 of the Water
15 Commission Act of 1985;
16 (11) by a village containing a population of less
17 than 15,000 for the purpose of acquiring property to be
18 used for a refuse derived fuel system designed to
19 generate steam and electricity, and for industrial
20 development that will utilize such steam and electricity,
21 pursuant to Section 11-19-10 of the Illinois Municipal
22 Code;
23 (12) after receiving the prior approval of the City
24 Council, by a municipality having a population of more
25 than 500,000 for the purposes set forth in Section
26 11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
27 Illinois Municipal Code, and for the same purposes when
28 established pursuant to home rule powers;
29 (13) by a home rule municipality, after a public
30 hearing held by the corporate authorities or by a
31 committee of the corporate authorities and after approval
32 by a majority of the corporate authorities, within an
33 area designated as an enterprise zone by the municipality
34 under the Illinois Enterprise Zone Act;
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1 (14) by the Illinois Sports Facilities Authority
2 for the purpose specified in Section 12 of the Illinois
3 Sports Facilities Authority Act;
4 (15) by a municipality having a population of more
5 than 2,000,000 for the purpose of acquiring the property
6 described in Section 3 of the Sports Stadium Act;
7 (16) for a period of 18 months after July 29, 1986,
8 in any proceeding by the Board of Trustees of the
9 University of Illinois for the acquisition of land in
10 Champaign County or interests therein as a site for a
11 building or for any educational purpose;
12 (17) for a period of 2 years after July 1, 1990, by
13 a home rule municipality and a county board, upon
14 approval of a majority of the corporate authorities of
15 both the county board and the municipality, within an
16 area designated as an enterprise zone by the municipality
17 and the county board through an intergovernmental
18 agreement under the Illinois Enterprise Zone Act, when
19 the purpose of the condemnation proceeding is to acquire
20 land for the construction of an industrial harbor port,
21 and when the total amount of land to be acquired for that
22 purpose is less than 75 acres and is adjacent to the
23 Illinois River;
24 (18) by an airport authority located solely within
25 the boundaries of Madison County, Illinois, and which is
26 organized pursuant to the provisions of the Airport
27 Authorities Act, (i) for the acquisition of 160 acres, or
28 less, of land or interests therein for the purposes
29 specified in that Act which may be necessary to extend,
30 mark, and light runway 11/29 for a distance of 1600 feet
31 in length by 100 feet in width with parallel taxiway, to
32 relocate and mark County Highway 19, Madison County,
33 known as Moreland Road, to relocate the instrument
34 landing system including the approach lighting system and
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1 to construct associated drainage, fencing and seeding
2 required for the foregoing project and (ii) for a period
3 of 6 months after December 28, 1989, for the acquisition
4 of 75 acres, or less, of land or interests therein for
5 the purposes specified in that Act which may be necessary
6 to extend, mark and light the south end of runway 17/35
7 at such airport;
8 (19) by any unit of local government for a
9 permanent easement for the purpose of maintaining,
10 dredging or cleaning the Little Calumet River;
11 (20) by any unit of local government for a
12 permanent easement for the purpose of maintaining,
13 dredging or cleaning the Salt Creek in DuPage County;
14 (21) by St. Clair County, Illinois, for the
15 development of a joint use facility at Scott Air Force
16 Base;
17 (22) by the Village of Summit, Illinois, to acquire
18 land for a waste to energy plant;
19 (23) for a period of 15 months after September 7,
20 1990, by the Department of Transportation or by any unit
21 of local government under the terms of an
22 intergovernmental cooperation agreement between the
23 Department of Transportation and the unit of local
24 government for the purpose of developing aviation
25 facilities in and around Chanute Air Force Base in
26 Champaign County, Illinois;
27 (24) for a period of 1 year after December 12,
28 1990, by the City of Morris for the development of the
29 Morris Municipal Airport;
30 (25) for a period of 1 year after June 19, 1991, by
31 the Greater Rockford Airport Authority for airport
32 expansion purposes;
33 (26) for a period of 24 months after June 30, 1991,
34 by the City of Aurora for completion of an instrument
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1 landing system and construction of an east-west runway at
2 the Aurora Municipal Airport;
3 (27) for the acquisition by the Metropolitan Pier
4 and Exposition Authority of property described in
5 subsection (f) of Section 5 of the Metropolitan Pier and
6 Exposition Authority Act for the purposes of providing
7 additional grounds, buildings, and facilities related to
8 the purposes of the Metropolitan Pier and Exposition
9 Authority;
10 (28) for a period of 24 months after March 1, 1992,
11 by the Village of Wheeling and the City of Prospect
12 Heights, owners of the Palwaukee Municipal Airport, to
13 allow for the acquisition of right of way to complete the
14 realignment of Hintz Road and Wolf Road;
15 (29) for a period of one year from the effective
16 date of this amendatory Act of 1992, by the
17 Bloomington-Normal Airport Authority for airport
18 expansion purposes;
19 (30) for a period of 24 months after September 10,
20 1993, by the Cook County Highway Department and Lake
21 County Department of Transportation to allow for the
22 acquisition of necessary right-of-way for construction of
23 underpasses for Lake-Cook Road at the Chicago
24 Northwestern Railroad crossing, west of Skokie Boulevard,
25 and the Chicago, Milwaukee, St. Paul and Pacific Railroad
26 crossing, west of Waukegan Road;
27 (31) for a period of one year after December 23,
28 1993, by the City of Arcola and the City of Tuscola for
29 the development of the Arcola/Tuscola Water Transmission
30 Pipeline Project pursuant to the intergovernmental
31 agreement between the City of Arcola and the City of
32 Tuscola;
33 (32) for a period of 24 months from December 23,
34 1993, by the Village of Bensenville for the acquisition
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1 of property bounded by Illinois Route 83 to the west and
2 O'Hare International Airport to the east to complete a
3 flood control project known as the Bensenville Ditch;
4 (33) for a period of 9 months after November 1,
5 1993, by the Medical Center Commission for the purpose of
6 acquiring a site for the Illinois State Police Forensic
7 Science Laboratory at Chicago, on the block bounded by
8 Roosevelt Road on the north, Wolcott Street on the east,
9 Washburn Street on the south, and Damen Avenue on the
10 west in Chicago, Illinois;
11 (34) for a period of 36 months after July 14, 1995,
12 by White County for the acquisition of a 3 1/2 mile
13 section of Bellaire Road, which is described as follows:
14 Commencing at the Northwest Corner of the Southeast 1/4
15 of Section 28, Township 6 South, Range 10 East of the 3rd
16 Principal Meridian; thence South to a point at the
17 Southwest Corner of the Southeast 1/4 of Section 9,
18 Township 7 South, Range 10 East of the 3rd Principal
19 Meridian;
20 (35) for a period of one year after July 14, 1995,
21 by the City of Aurora for permanent and temporary
22 easements except over land adjacent to Indian Creek and
23 west of Selmarten Creek located within the City of Aurora
24 for the construction of Phase II of the Indian Creek
25 Flood Control Project;
26 (35.1) for a period beginning June 24, 1995 (the
27 day following the effective date of Public Act 89-29) and
28 ending on July 13, 1995 (the day preceding the effective
29 date of Public Act 89-134), by the City of Aurora for
30 permanent and temporary easements for the construction of
31 Phase II of the Indian Creek Flood Control Project;
32 (36) for a period of 3 years from July 14, 1995, by
33 the Grand Avenue Railroad Relocation Authority for the
34 Grand Avenue Railroad Grade Separation Project within the
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1 Village of Franklin Park, Illinois;
2 (37) for a period of 3 years after July 14, 1995,
3 by the Village of Romeoville for the acquisition of
4 rights-of-way for the 135th Street Bridge Project, lying
5 within the South 1/2 of Section 34, Township 37 North,
6 Range 10 East and the South 1/2 of Section 35, Township
7 37 North, Range 10 East of the Third Principal Meridian,
8 and the North 1/2 of Section 2, Township 36 North, Range
9 10 East and the North 1/2 of Section 3, Township 36
10 North, Range 10 East of the 3rd Principal Meridian, in
11 Will County, Illinois;
12 (37.1) for a period of 3 years after June 23, 1995,
13 by the Illinois Department of Transportation for the
14 acquisition of rights-of-way for the 135th Street Bridge
15 Project between the Des Plaines River and New Avenue
16 lying within the South 1/2 of Section 35, Township 37
17 North, Range 10 East of the Third Principal Meridian and
18 the North 1/2 of Section 2, Township 36 North, Range 10
19 East of the 3rd Principal Meridian, in Will County,
20 Illinois;
21 (38) for a period beginning June 24, 1995 (the day
22 after the effective date of Public Act 89-29) and ending
23 18 months after July 14, 1995 (the effective date of
24 Public Act 89-134), by the Anna-Jonesboro Water
25 Commission for the acquisition of land and easements for
26 improvements to its water treatment and storage
27 facilities and water transmission pipes;
28 (39) for a period of 36 months after July 14, 1995,
29 by the City of Effingham for the acquisition of property
30 which is described as follows:
31 Tract 1:
32 Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
33 THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
34 thereof recorded in Book "K", Page 769, in the Recorder's
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1 Office of Effingham County), situated in the City of
2 Effingham, County of Effingham and State of Illinois.
3 Tract 2:
4 The alley lying South and adjoining Tract 1, as
5 vacated by Ordinance recorded on July 28, 1937 in Book
6 183, Page 465, and all right, title and interest in and
7 to said alley as established by the Contract for Easement
8 recorded on August 4, 1937 in Book 183, Page 472;
9 (40) for a period of one year after July 14, 1995,
10 by the Village of Palatine for the acquisition of
11 property located along the south side of Dundee Road
12 between Rand Road and Hicks Road for redevelopment
13 purposes;
14 (41) for a period of 6 years after July 1, 1995,
15 for the acquisition by the Medical Center District of
16 property described in Section 3 of the Illinois Medical
17 District Act within the District Development Area as
18 described in Section 4 of that Act for the purposes set
19 forth in that Act;.
20 (41.5) for a period of 24 months after June 21, the
21 effective date of this amendatory Act of 1996 by the City
22 of Effingham, Illinois for acquisition of property for
23 the South Raney Street Improvement Project Phase I;
24 (42) for a period of 3 years after June 21, the
25 effective date of this amendatory Act of 1996, by the
26 Village of Deerfield for the acquisition of territory
27 within the Deerfield Village Center, as designated as of
28 that the effective date of this amendatory Act of 1996 by
29 the Deerfield Comprehensive Plan, with the exception of
30 that area north of Jewett Park Drive (extended) between
31 Waukegan Road and the Milwaukee Railroad Tracks, for
32 redevelopment purposes;
33 (43) for a period of 12 months after June 21, the
34 effective date of this amendatory Act of 1996, by the
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1 City of Harvard for the acquisition of property lying
2 west of Harvard Hills Road of sufficient size to widen
3 the Harvard Hills Road right of way and to install and
4 maintain city utility services not more than 200 feet
5 west of the center line of Harvard Hills Road;
6 (44) (42) for a period of 5 years after June 21,
7 the effective date of this amendatory Act of 1996, by the
8 Village of River Forest, Illinois, within the area
9 designated as a tax increment financing district when the
10 purpose of the condemnation proceeding is to acquire land
11 for any of the purposes contained in the River Forest Tax
12 Increment Financing Plan or authorized by the Tax
13 Increment Allocation Redevelopment Act, provided that
14 condemnation of any property zoned and used exclusively
15 for residential purposes shall be prohibited;.
16 (45) (42) for a period of 18 months after June 28,
17 the effective date of this amendatory Act of 1996, by the
18 Village of Schaumburg for the acquisition of land,
19 easements, and aviation easements for the purpose of a
20 public airport in Cook and DuPage Counties; provided that
21 if any proceedings under the provisions of this Article
22 are pending on that the effective date of this amendatory
23 Act of 1996, "quick-take" may be utilized by the Village
24 of Schaumburg;
25 (46) (43) for a period of one year after June 28,
26 the effective date of this amendatory Act of 1996, by the
27 City of Pinckneyville for the acquisition of land and
28 easements to provide for improvements to its water
29 treatment and storage facilities and water transmission
30 pipes, and for the construction of a sewerage treatment
31 facility and sewerage transmission pipes to serve the
32 Illinois Department of Corrections Pinckneyville
33 Correctional Facility;.
34 (47) (42) for a period of 6 months after June 28,
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1 the effective date of this amendatory Act of 1996, by the
2 City of Streator for the acquisition of property
3 described as follows for a first flush basin sanitary
4 sewer system:
5 Tract 5: That part of lots 20 and 21 in Block
6 6 in Moore and Plumb's addition to the city of
7 Streator, Illinois, lying south of the right of way
8 of the switch track of the Norfolk and Western
9 Railroad (now abandoned) in the county of LaSalle,
10 state of Illinois.
11 Tract 6: That part of lots 30, 31 and 32 in
12 Block 7 in Moore and Plumb's Addition to the city of
13 Streator, Illinois, lying north of the centerline of
14 Coal Run Creek and south of the right of way of the
15 switch track of the Norfolk and Western Railroad
16 (now abandoned) in the county of LaSalle, state of
17 Illinois;.
18 (48) for a period of 10 years after the effective
19 date of this amendatory Act of 1997, by the Village of
20 Morton Grove within the area designated as a tax
21 increment redevelopment project area for any purposes
22 authorized by the Tax Increment Allocation Redevelopment
23 Act.
24 In a proceeding subject to this Section, the plaintiff,
25 at any time after the complaint has been filed and before
26 judgment is entered in the proceeding, may file a written
27 motion requesting that, immediately or at some specified
28 later date, the plaintiff either be vested with the fee
29 simple title (or such lesser estate, interest or easement, as
30 may be required) to the real property, or specified portion
31 thereof, which is the subject of the proceeding, and be
32 authorized to take possession of and use such property; or
33 only be authorized to take possession of and to use such
34 property, if such possession and use, without the vesting of
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1 title, are sufficient to permit the plaintiff to proceed with
2 the project until the final ascertainment of compensation;
3 however, no land or interests therein now or hereafter owned,
4 leased, controlled or operated and used by, or necessary for
5 the actual operation of, any common carrier engaged in
6 interstate commerce, or any other public utility subject to
7 the jurisdiction of the Illinois Commerce Commission, shall
8 be taken or appropriated hereunder by the State of Illinois,
9 the Illinois Toll Highway Authority, the sanitary district,
10 the St. Louis Metropolitan Area Airport Authority or the
11 Board of Trustees of the University of Illinois without first
12 securing the approval of such Commission.
13 Except as hereinafter stated, the motion for taking shall
14 state: (1) an accurate description of the property to which
15 the motion relates and the estate or interest sought to be
16 acquired therein; (2) the formally adopted schedule or plan
17 of operation for the execution of the plaintiff's project;
18 (3) the situation of the property to which the motion
19 relates, with respect to the schedule or plan; (4) the
20 necessity for taking such property in the manner requested in
21 the motion; and (5) if the property (except property
22 described in Section 3 of the Sports Stadium Act or property
23 described as Site B in Section 2 of the Metropolitan Pier and
24 Exposition Authority Act) to be taken is owned, leased,
25 controlled or operated and used by, or necessary for the
26 actual operation of, any interstate common carrier or other
27 public utility subject to the jurisdiction of the Illinois
28 Commerce Commission, a statement to the effect that the
29 approval of such proposed taking has been secured from such
30 Commission, and attaching to such motion a certified copy of
31 the order of such Commission granting such approval. If the
32 schedule or plan of operation is not set forth fully in the
33 motion, a copy of such schedule or plan shall be attached to
34 the motion.
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1 (Source: P.A. 88-486; 88-526; 88-670, eff. 12-2-94; 89-29,
2 eff. 6-23-95; 89-134, eff. 7-14-95; 89-343, eff. 8-17-95;
3 89-356, eff. 8-17-95; 89-445, eff. 2-7-96; 89-460, eff.
4 5-24-96; 89-494, eff. 6-21-96; 89-502, eff. 6-28-96; 89-504,
5 eff. 6-28-96; 89-592, eff. 8-1-96; 89-626, eff. 8-9-96;
6 revised 8-14-96.)
7 (Text of Section after amendment by P.A. 89-683)
8 Sec. 7-103. "Quick-take". This Section applies only to
9 proceedings under this Article:
10 (1) by the State of Illinois, the Illinois Toll
11 Highway Authority or the St. Louis Metropolitan Area
12 Airport Authority for the acquisition of land or
13 interests therein for highway purposes;
14 (2) (blank);
15 (3) by the Department of Commerce and Community
16 Affairs for the purpose specified in the Illinois Coal
17 Development Bond Act;
18 (4) (blank);
19 (5) for the purpose specified in the St. Louis
20 Metropolitan Area Airport Authority Act;
21 (6) for a period of 24 months after May 24, the
22 effective date of this amendatory Act of 1996, by the
23 Southwestern Illinois Development Authority pursuant to
24 the Southwestern Illinois Development Authority Act;
25 (7) for a period of 3 years after December 30,
26 1987, by the Quad Cities Regional Economic Development
27 Authority (except for the acquisition of land or
28 interests therein that is farmland, or upon which is
29 situated a farm dwelling and appurtenant structures, or
30 upon which is situated a residence, or which is wholly
31 within an area that is zoned for residential use)
32 pursuant to the Quad Cities Regional Economic Development
33 Authority Act;
34 (8) by a sanitary district created under the
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1 Metropolitan Water Reclamation District Act for the
2 acquisition of land or interests therein for purposes
3 specified in that Act;
4 (9) by a rail carrier within the time limitations
5 and subject to the terms and conditions set forth in
6 Section 18c-7501 of the Illinois Vehicle Code;
7 (10) for a period of 18 months after January 26,
8 1987, for the purpose specified in Division 135 of
9 Article 11 of the Illinois Municipal Code, by a
10 commission created under Section 2 of the Water
11 Commission Act of 1985;
12 (11) by a village containing a population of less
13 than 15,000 for the purpose of acquiring property to be
14 used for a refuse derived fuel system designed to
15 generate steam and electricity, and for industrial
16 development that will utilize such steam and electricity,
17 pursuant to Section 11-19-10 of the Illinois Municipal
18 Code;
19 (12) after receiving the prior approval of the City
20 Council, by a municipality having a population of more
21 than 500,000 for the purposes set forth in Section
22 11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
23 Illinois Municipal Code, and for the same purposes when
24 established pursuant to home rule powers;
25 (13) by a home rule municipality, after a public
26 hearing held by the corporate authorities or by a
27 committee of the corporate authorities and after approval
28 by a majority of the corporate authorities, within an
29 area designated as an enterprise zone by the municipality
30 under the Illinois Enterprise Zone Act;
31 (14) by the Illinois Sports Facilities Authority
32 for the purpose specified in Section 12 of the Illinois
33 Sports Facilities Authority Act;
34 (15) by a municipality having a population of more
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1 than 2,000,000 for the purpose of acquiring the property
2 described in Section 3 of the Sports Stadium Act;
3 (16) for a period of 18 months after July 29, 1986,
4 in any proceeding by the Board of Trustees of the
5 University of Illinois for the acquisition of land in
6 Champaign County or interests therein as a site for a
7 building or for any educational purpose;
8 (17) for a period of 2 years after July 1, 1990, by
9 a home rule municipality and a county board, upon
10 approval of a majority of the corporate authorities of
11 both the county board and the municipality, within an
12 area designated as an enterprise zone by the municipality
13 and the county board through an intergovernmental
14 agreement under the Illinois Enterprise Zone Act, when
15 the purpose of the condemnation proceeding is to acquire
16 land for the construction of an industrial harbor port,
17 and when the total amount of land to be acquired for that
18 purpose is less than 75 acres and is adjacent to the
19 Illinois River;
20 (18) by an airport authority located solely within
21 the boundaries of Madison County, Illinois, and which is
22 organized pursuant to the provisions of the Airport
23 Authorities Act, (i) for the acquisition of 160 acres, or
24 less, of land or interests therein for the purposes
25 specified in that Act which may be necessary to extend,
26 mark, and light runway 11/29 for a distance of 1600 feet
27 in length by 100 feet in width with parallel taxiway, to
28 relocate and mark County Highway 19, Madison County,
29 known as Moreland Road, to relocate the instrument
30 landing system including the approach lighting system and
31 to construct associated drainage, fencing and seeding
32 required for the foregoing project and (ii) for a period
33 of 6 months after December 28, 1989, for the acquisition
34 of 75 acres, or less, of land or interests therein for
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1 the purposes specified in that Act which may be necessary
2 to extend, mark and light the south end of runway 17/35
3 at such airport;
4 (19) by any unit of local government for a
5 permanent easement for the purpose of maintaining,
6 dredging or cleaning the Little Calumet River;
7 (20) by any unit of local government for a
8 permanent easement for the purpose of maintaining,
9 dredging or cleaning the Salt Creek in DuPage County;
10 (21) by St. Clair County, Illinois, for the
11 development of a joint use facility at Scott Air Force
12 Base;
13 (22) by the Village of Summit, Illinois, to acquire
14 land for a waste to energy plant;
15 (23) for a period of 15 months after September 7,
16 1990, by the Department of Transportation or by any unit
17 of local government under the terms of an
18 intergovernmental cooperation agreement between the
19 Department of Transportation and the unit of local
20 government for the purpose of developing aviation
21 facilities in and around Chanute Air Force Base in
22 Champaign County, Illinois;
23 (24) for a period of 1 year after December 12,
24 1990, by the City of Morris for the development of the
25 Morris Municipal Airport;
26 (25) for a period of 1 year after June 19, 1991, by
27 the Greater Rockford Airport Authority for airport
28 expansion purposes;
29 (26) for a period of 24 months after June 30, 1991,
30 by the City of Aurora for completion of an instrument
31 landing system and construction of an east-west runway at
32 the Aurora Municipal Airport;
33 (27) for the acquisition by the Metropolitan Pier
34 and Exposition Authority of property described in
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1 subsection (f) of Section 5 of the Metropolitan Pier and
2 Exposition Authority Act for the purposes of providing
3 additional grounds, buildings, and facilities related to
4 the purposes of the Metropolitan Pier and Exposition
5 Authority;
6 (28) for a period of 24 months after March 1, 1992,
7 by the Village of Wheeling and the City of Prospect
8 Heights, owners of the Palwaukee Municipal Airport, to
9 allow for the acquisition of right of way to complete the
10 realignment of Hintz Road and Wolf Road;
11 (29) for a period of one year from the effective
12 date of this amendatory Act of 1992, by the
13 Bloomington-Normal Airport Authority for airport
14 expansion purposes;
15 (30) for a period of 24 months after September 10,
16 1993, by the Cook County Highway Department and Lake
17 County Department of Transportation to allow for the
18 acquisition of necessary right-of-way for construction of
19 underpasses for Lake-Cook Road at the Chicago
20 Northwestern Railroad crossing, west of Skokie Boulevard,
21 and the Chicago, Milwaukee, St. Paul and Pacific Railroad
22 crossing, west of Waukegan Road;
23 (31) for a period of one year after December 23,
24 1993, by the City of Arcola and the City of Tuscola for
25 the development of the Arcola/Tuscola Water Transmission
26 Pipeline Project pursuant to the intergovernmental
27 agreement between the City of Arcola and the City of
28 Tuscola;
29 (32) for a period of 24 months from December 23,
30 1993, by the Village of Bensenville for the acquisition
31 of property bounded by Illinois Route 83 to the west and
32 O'Hare International Airport to the east to complete a
33 flood control project known as the Bensenville Ditch;
34 (33) for a period of 9 months after November 1,
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1 1993, by the Medical Center Commission for the purpose of
2 acquiring a site for the Illinois State Police Forensic
3 Science Laboratory at Chicago, on the block bounded by
4 Roosevelt Road on the north, Wolcott Street on the east,
5 Washburn Street on the south, and Damen Avenue on the
6 west in Chicago, Illinois;
7 (34) for a period of 36 months after July 14, 1995,
8 by White County for the acquisition of a 3 1/2 mile
9 section of Bellaire Road, which is described as follows:
10 Commencing at the Northwest Corner of the Southeast 1/4
11 of Section 28, Township 6 South, Range 10 East of the 3rd
12 Principal Meridian; thence South to a point at the
13 Southwest Corner of the Southeast 1/4 of Section 9,
14 Township 7 South, Range 10 East of the 3rd Principal
15 Meridian;
16 (35) for a period of one year after July 14, 1995,
17 by the City of Aurora for permanent and temporary
18 easements except over land adjacent to Indian Creek and
19 west of Selmarten Creek located within the City of Aurora
20 for the construction of Phase II of the Indian Creek
21 Flood Control Project;
22 (35.1) for a period beginning June 24, 1995 (the
23 day following the effective date of Public Act 89-29) and
24 ending on July 13, 1995 (the day preceding the effective
25 date of Public Act 89-134), by the City of Aurora for
26 permanent and temporary easements for the construction of
27 Phase II of the Indian Creek Flood Control Project;
28 (36) for a period of 3 years from July 14, 1995, by
29 the Grand Avenue Railroad Relocation Authority for the
30 Grand Avenue Railroad Grade Separation Project within the
31 Village of Franklin Park, Illinois;
32 (37) for a period of 3 years after July 14, 1995,
33 by the Village of Romeoville for the acquisition of
34 rights-of-way for the 135th Street Bridge Project, lying
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1 within the South 1/2 of Section 34, Township 37 North,
2 Range 10 East and the South 1/2 of Section 35, Township
3 37 North, Range 10 East of the Third Principal Meridian,
4 and the North 1/2 of Section 2, Township 36 North, Range
5 10 East and the North 1/2 of Section 3, Township 36
6 North, Range 10 East of the 3rd Principal Meridian, in
7 Will County, Illinois;
8 (37.1) for a period of 3 years after June 23, 1995,
9 by the Illinois Department of Transportation for the
10 acquisition of rights-of-way for the 135th Street Bridge
11 Project between the Des Plaines River and New Avenue
12 lying within the South 1/2 of Section 35, Township 37
13 North, Range 10 East of the Third Principal Meridian and
14 the North 1/2 of Section 2, Township 36 North, Range 10
15 East of the 3rd Principal Meridian, in Will County,
16 Illinois;
17 (38) for a period beginning June 24, 1995 (the day
18 after the effective date of Public Act 89-29) and ending
19 18 months after July 14, 1995 (the effective date of
20 Public Act 89-134), by the Anna-Jonesboro Water
21 Commission for the acquisition of land and easements for
22 improvements to its water treatment and storage
23 facilities and water transmission pipes;
24 (39) for a period of 36 months after July 14, 1995,
25 by the City of Effingham for the acquisition of property
26 which is described as follows:
27 Tract 1:
28 Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
29 THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
30 thereof recorded in Book "K", Page 769, in the Recorder's
31 Office of Effingham County), situated in the City of
32 Effingham, County of Effingham and State of Illinois.
33 Tract 2:
34 The alley lying South and adjoining Tract 1, as
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1 vacated by Ordinance recorded on July 28, 1937 in Book
2 183, Page 465, and all right, title and interest in and
3 to said alley as established by the Contract for Easement
4 recorded on August 4, 1937 in Book 183, Page 472;
5 (40) for a period of one year after July 14, 1995,
6 by the Village of Palatine for the acquisition of
7 property located along the south side of Dundee Road
8 between Rand Road and Hicks Road for redevelopment
9 purposes;
10 (41) for a period of 6 years after July 1, 1995,
11 for the acquisition by the Medical Center District of
12 property described in Section 3 of the Illinois Medical
13 District Act within the District Development Area as
14 described in Section 4 of that Act for the purposes set
15 forth in that Act;.
16 (41.5) for a period of 24 months after June 21, the
17 effective date of this amendatory Act of 1996 by the City
18 of Effingham, Illinois for acquisition of property for
19 the South Raney Street Improvement Project Phase I;
20 (42) for a period of 3 years after June 21, the
21 effective date of this amendatory Act of 1996, by the
22 Village of Deerfield for the acquisition of territory
23 within the Deerfield Village Center, as designated as of
24 that the effective date of this amendatory Act of 1996 by
25 the Deerfield Comprehensive Plan, with the exception of
26 that area north of Jewett Park Drive (extended) between
27 Waukegan Road and the Milwaukee Railroad Tracks, for
28 redevelopment purposes;
29 (43) for a period of 12 months after June 21, the
30 effective date of this amendatory Act of 1996, by the
31 City of Harvard for the acquisition of property lying
32 west of Harvard Hills Road of sufficient size to widen
33 the Harvard Hills Road right of way and to install and
34 maintain city utility services not more than 200 feet
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1 west of the center line of Harvard Hills Road;
2 (44) (42) for a period of 5 years after June 21,
3 the effective date of this amendatory Act of 1996, by the
4 Village of River Forest, Illinois, within the area
5 designated as a tax increment financing district when the
6 purpose of the condemnation proceeding is to acquire land
7 for any of the purposes contained in the River Forest Tax
8 Increment Financing Plan or authorized by the Tax
9 Increment Allocation Redevelopment Act, provided that
10 condemnation of any property zoned and used exclusively
11 for residential purposes shall be prohibited;.
12 (45) (42) for a period of 18 months after June 28,
13 the effective date of this amendatory Act of 1996, by the
14 Village of Schaumburg for the acquisition of land,
15 easements, and aviation easements for the purpose of a
16 public airport in Cook and DuPage Counties; provided that
17 if any proceedings under the provisions of this Article
18 are pending on that the effective date of this amendatory
19 Act of 1996, "quick-take" may be utilized by the Village
20 of Schaumburg;
21 (46) (43) for a period of one year after June 28,
22 the effective date of this amendatory Act of 1996, by the
23 City of Pinckneyville for the acquisition of land and
24 easements to provide for improvements to its water
25 treatment and storage facilities and water transmission
26 pipes, and for the construction of a sewerage treatment
27 facility and sewerage transmission pipes to serve the
28 Illinois Department of Corrections Pinckneyville
29 Correctional Facility;.
30 (47) (42) for a period of 6 months after June 28,
31 the effective date of this amendatory Act of 1996, by the
32 City of Streator for the acquisition of property
33 described as follows for a first flush basin sanitary
34 sewer system:
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1 Tract 5: That part of lots 20 and 21 in Block
2 6 in Moore and Plumb's addition to the city of
3 Streator, Illinois, lying south of the right of way
4 of the switch track of the Norfolk and Western
5 Railroad (now abandoned) in the county of LaSalle,
6 state of Illinois.
7 Tract 6: That part of lots 30, 31 and 32 in
8 Block 7 in Moore and Plumb's Addition to the city of
9 Streator, Illinois, lying north of the centerline of
10 Coal Run Creek and south of the right of way of the
11 switch track of the Norfolk and Western Railroad
12 (now abandoned) in the county of LaSalle, state of
13 Illinois;
14 (48) by the Department of Transportation for
15 purposes of acquiring private property as specified in
16 the Meigs Field Airport Act;.
17 (49) for a period of 10 years after the effective
18 date of this amendatory Act of 1997, by the Village of
19 Morton Grove within the area designated as a tax
20 increment redevelopment project area for any purposes
21 authorized by the Tax Increment Allocation Redevelopment
22 Act.
23 In a proceeding subject to this Section, the plaintiff,
24 at any time after the complaint has been filed and before
25 judgment is entered in the proceeding, may file a written
26 motion requesting that, immediately or at some specified
27 later date, the plaintiff either be vested with the fee
28 simple title (or such lesser estate, interest or easement, as
29 may be required) to the real property, or specified portion
30 thereof, which is the subject of the proceeding, and be
31 authorized to take possession of and use such property; or
32 only be authorized to take possession of and to use such
33 property, if such possession and use, without the vesting of
34 title, are sufficient to permit the plaintiff to proceed with
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1 the project until the final ascertainment of compensation;
2 however, no land or interests therein now or hereafter owned,
3 leased, controlled or operated and used by, or necessary for
4 the actual operation of, any common carrier engaged in
5 interstate commerce, or any other public utility subject to
6 the jurisdiction of the Illinois Commerce Commission, shall
7 be taken or appropriated hereunder by the State of Illinois,
8 the Illinois Toll Highway Authority, the sanitary district,
9 the St. Louis Metropolitan Area Airport Authority or the
10 Board of Trustees of the University of Illinois without first
11 securing the approval of such Commission.
12 Except as hereinafter stated, the motion for taking shall
13 state: (1) an accurate description of the property to which
14 the motion relates and the estate or interest sought to be
15 acquired therein; (2) the formally adopted schedule or plan
16 of operation for the execution of the plaintiff's project;
17 (3) the situation of the property to which the motion
18 relates, with respect to the schedule or plan; (4) the
19 necessity for taking such property in the manner requested in
20 the motion; and (5) if the property (except property
21 described in Section 3 of the Sports Stadium Act, or property
22 described as Site B in Section 2 of the Metropolitan Pier and
23 Exposition Authority Act, or property that is taken as
24 provided in the Meigs Field Airport Act) to be taken is
25 owned, leased, controlled or operated and used by, or
26 necessary for the actual operation of, any interstate common
27 carrier or other public utility subject to the jurisdiction
28 of the Illinois Commerce Commission, a statement to the
29 effect that the approval of such proposed taking has been
30 secured from such Commission, and attaching to such motion a
31 certified copy of the order of such Commission granting such
32 approval. If the schedule or plan of operation is not set
33 forth fully in the motion, a copy of such schedule or plan
34 shall be attached to the motion.
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1 (Source: P.A. 88-486; 88-526; 88-670, eff. 12-2-94; 89-29,
2 eff. 6-23-95; 89-134, eff. 7-14-95; 89-343, eff. 8-17-95;
3 89-356, eff. 8-17-95; 89-445, eff. 2-7-96; 89-460, eff.
4 5-24-96; 89-494, eff. 6-21-96; 89-502, eff. 6-28-96; 89-504,
5 eff. 6-28-96; 89-592, eff. 8-1-96; 89-626, eff. 8-9-96;
6 89-683, eff. 6-1-97; revised 1-15-97.)
7 Section 95. No acceleration or delay. Where this Act
8 makes changes in a statute that is represented in this Act by
9 text that is not yet or no longer in effect (for example, a
10 Section represented by multiple versions), the use of that
11 text does not accelerate or delay the taking effect of (i)
12 the changes made by this Act or (ii) provisions derived from
13 any other Public Act.
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.