State of Illinois
90th General Assembly
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[ Introduced ][ Enrolled ][ House Amendment 003 ]
[ Senate Amendment 001 ]

90_HB0473eng

      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
HB0473 Engrossed                               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, 1996,
23        by  the  Southwestern  Illinois   Development   Authority
24        pursuant   to   the   Southwestern  Illinois  Development
25        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
HB0473 Engrossed            -2-                LRB9002602NTsb
 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;
HB0473 Engrossed            -3-                LRB9002602NTsb
 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
HB0473 Engrossed            -4-                LRB9002602NTsb
 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
HB0473 Engrossed            -5-                LRB9002602NTsb
 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
HB0473 Engrossed            -6-                LRB9002602NTsb
 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
HB0473 Engrossed            -7-                LRB9002602NTsb
 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
HB0473 Engrossed            -8-                LRB9002602NTsb
 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,
21        1996  by  the City of Effingham, Illinois for acquisition
22        of  property  for  the  South  Raney  Street  Improvement
23        Project Phase I;
24             (42)  for a period of 3 years after June  21,  1996,
25        by  the  Village  of  Deerfield  for  the  acquisition of
26        territory  within  the  Deerfield  Village   Center,   as
27        designated as of that date by the Deerfield Comprehensive
28        Plan,  with  the  exception  of that area north of Jewett
29        Park Drive  (extended)  between  Waukegan  Road  and  the
30        Milwaukee Railroad Tracks, for redevelopment purposes;
31             (43)  for a period of 12 months after June 21, 1996,
32        by  the  City  of Harvard for the acquisition of property
33        lying west of Harvard Hills Road of  sufficient  size  to
34        widen  the Harvard Hills Road right of way and to install
HB0473 Engrossed            -9-                LRB9002602NTsb
 1        and maintain city utility services not more than 200 feet
 2        west of the center line of Harvard Hills Road;
 3             (44)  for a period of 5 years after June  21,  1996,
 4        by the 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)  for a period of 18 months after June 28, 1996,
13        by the Village of Schaumburg for the acquisition of land,
14        easements, and aviation easements for the  purpose  of  a
15        public airport in Cook and DuPage Counties; provided that
16        if  any  proceedings under the provisions of this Article
17        are pending on that date, "quick-take" may be utilized by
18        the Village of Schaumburg;
19             (46)  for a period of one year after June 28,  1996,
20        by  the City of Pinckneyville for the acquisition of land
21        and easements to provide for improvements  to  its  water
22        treatment  and  storage facilities and water transmission
23        pipes, and for the construction of a  sewerage  treatment
24        facility  and  sewerage  transmission  pipes to serve the
25        Illinois   Department   of   Corrections    Pinckneyville
26        Correctional Facility;
27             (47)  for  a period of 6 months after June 28, 1996,
28        by the City of Streator for the acquisition  of  property
29        described  as  follows  for  a first flush basin sanitary
30        sewer system:
31                  Tract 5:  That part of lots 20 and 21 in  Block
32             6  in  Moore  and  Plumb's  addition  to the city of
33             Streator, Illinois, lying south of the right of  way
34             of  the  switch  track  of  the  Norfolk and Western
HB0473 Engrossed            -10-               LRB9002602NTsb
 1             Railroad (now abandoned) in the county  of  LaSalle,
 2             state of Illinois;
 3                  Tract  6:   That  part of lots 30, 31 and 32 in
 4             Block 7 in Moore and Plumb's Addition to the city of
 5             Streator, Illinois, lying north of the centerline of
 6             Coal Run Creek and south of the right of way of  the
 7             switch  track  of  the  Norfolk and Western Railroad
 8             (now abandoned) in the county of LaSalle,  state  of
 9             Illinois;
10             (48)  for  a  period  of 36 months after January 16,
11        1997 the effective date of this amendatory Act  of  1996,
12        by    the    Bi-State    Development    Agency   of   the
13        Missouri-Illinois   Metropolitan    District   for    the
14        acquisition   of  rights  of  way  and  related  property
15        necessary for  the  construction  and  operation  of  the
16        MetroLink Light Rail System, beginning in East St. Louis,
17        Illinois,  and  terminating  at  Mid America Airport, St.
18        Clair County, Illinois;
19             (49)  for a period of 2 years after January 16, 1997
20        the effective date of this amendatory Act of 1996, by the
21        Village   of   Schaumburg   for   the   acquisition    of
22        rights-of-way,   permanent   easements,   and   temporary
23        easements  for  the  purpose  of  improving  the  Roselle
24        Road/Illinois   Route   58/Illinois  Route  72  corridor,
25        including rights-of-way  along  Roselle  Road,  Remington
26        Road,  Valley  Lake Drive, State Parkway, Commerce Drive,
27        Kristin Circle,  and  Hillcrest  Boulevard,  a  permanent
28        easement  along  Roselle  Road,  and  temporary easements
29        along Roselle Road, State  Parkway,  Valley  Lake  Drive,
30        Commerce  Drive, Kristin Circle, and Hillcrest Boulevard,
31        in Cook County;.
32             (51)  for a period of 3 years  after  the  effective
33        date  of  this  amendatory  Act of 1997 by the Village of
34        Morton Grove, within the area designated as the  Waukegan
HB0473 Engrossed            -11-               LRB9002602NTsb
 1        Road Tax Increment Financing District to be used only for
 2        acquiring   commercially   zoned  properties  located  on
 3        Waukegan Road for tax  increment  redevelopment  projects
 4        contained in the redevelopment plan for the area;
 5             (52)  For  a  period  of 2 years after the effective
 6        date of this amendatory Act of 1997, by  the  Village  of
 7        Rosement for the acquisition of the property described as
 8        Tract 1, and the acquisition of any leasehold interest of
 9        the  property  described  as  Tract  2, both described as
10        follows:
11                               Tract 1
12        PARCEL 1:
13        THAT PART OF THE SOUTHWEST 1/4 OF  SECTION  33,  TOWNSHIP
14        41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
15        DESCRIBED AS FOLLOWS:
16        COMMENCING  AT  THE INTERSECTION OF A LINE 50.00 FEET, AS
17        MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH  THE
18        SOUTH LINE OF SAID  SOUTHWEST  1/4  WITH  A  LINE  484.69
19        FEET,  AS  MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL
20        WITH THE WEST LINE OF SAID SOUTHWEST 1/4 (THE  WEST  LINE
21        OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF  NORTH
22        00  DEGREES  00  MINUTES  00 SECONDS EAST FOR THIS  LEGAL
23        DESCRIPTION); THENCE NORTH 00  DEGREES  00  MINUTES    00
24        SECONDS  EAST  ALONG  SAID  LAST DESCRIBED PARALLEL LINE,
25        427.26 FEET TO A POINT FOR A PLACE OF  BEGINNING;  THENCE
26        CONTINUING  NORTH  00  DEGREES 00 MINUTES 00 SECONDS EAST
27        ALONG SAID LAST DESCRIBED  PARALLEL  LINE,  251.92  FEET;
28        THENCE  NORTH  45  DEGREES  00  MINUTES  00 SECONDS EAST,
29        32.53  FEET;  THENCE  NORTH  90  DEGREES  00  MINUTES  00
30        SECONDS EAST, 53.70 FEET;  THENCE  SOUTH  72  DEGREES  34
31        MINUTES  18  SECONDS  EAST,  149.63 FEET; THENCE SOUTH 00
32        DEGREES 00 MINUTES 00 SECONDS WEST  230.11  FEET;  THENCE
33        SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 219.46 FEET,
34        TO THE POINT OF BEGINNING IN COOK COUNTY, ILLINOIS.
HB0473 Engrossed            -12-               LRB9002602NTsb
 1        PARCEL 2:
 2        THAT  PART  OF  THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP
 3        41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
 4        DESCRIBED AS FOLLOWS:
 5        COMMENCING AT THE INTERSECTION OF A LINE 50.00  FEET,  AS
 6        MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH  THE
 7        SOUTH  LINE  OF  SAID  SOUTHWEST  1/4  WITH A LINE 484.69
 8        FEET, AS MEASURED AT RIGHT ANGLES, EAST OF  AND  PARALLEL
 9        WITH  THE  WEST LINE OF SAID SOUTHWEST 1/4 (THE WEST LINE
10        OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF  NORTH
11        00 DEGREES, 00 MINUTES, 00 SECONDS EAST FOR THIS    LEGAL
12        DESCRIPTION);  THENCE  NORTH  00 DEGREES, 00 MINUTES,  00
13        SECONDS EAST ALONG SAID  LAST  DESCRIBED  PARALLEL  LINE,
14        153.00  FEET;  THENCE  NORTH  90  DEGREES, 00 MINUTES, 00
15        SECONDS EAST, 89.18 FEET; THENCE  NORTH  00  DEGREES,  00
16        MINUTES,  00  SECONDS  EAST,  48.68 FEET; THENCE NORTH 90
17        DEGREES, 00 MINUTES, 00 SECONDS EAST, 43.53 FEET;  THENCE
18        SOUTH 00 DEGREES, 00 MINUTES, 00 SECONDS EAST, 8.00 FEET;
19        THENCE  NORTH  90  DEGREES,  00 MINUTES, 00 SECONDS EAST,
20        44.23 FEET; THENCE  NORTH  45  DEGREES,  00  MINUTES,  00
21        SECONDS  EAST,  60.13  FEET;  THENCE NORTH 00 DEGREES, 00
22        MINUTES, 00 SECONDS EAST, 141.06 FEET TO A  POINT  FOR  A
23        PLACE  OF  BEGINNING,  SAID POINT BEING 447.18 FEET NORTH
24        AND  704.15 FEET EAST OF  THE  SOUTHWEST  CORNER  OF  THE
25        SOUTHWEST  1/4  OF SAID SECTION 33, AS MEASURED ALONG THE
26        WEST LINE OF SAID SOUTHWEST 1/4 AND ALONG A LINE AT RIGHT
27        ANGLES THERETO; THENCE NORTH 00 DEGREES, 00  MINUTES,  00
28        SECONDS  EAST,  280.11  FEET; THENCE NORTH 72 DEGREES, 34
29        MINUTES, 18 SECONDS WEST, 149.63 FEET;  THENCE  SOUTH  90
30        DEGREES,  00 MINUTES, 00 SECONDS WEST, 53.70 FEET; THENCE
31        SOUTH 45 DEGREES, 00 MINUTES, 00 SECONDS WEST, 32.53 FEET
32        TO A POINT ON A LINE 484.69 FEET, AS  MEASURED  AT  RIGHT
33        ANGLES,  EAST  OF AND PARALLEL WITH THE WEST LINE OF SAID
34        SOUTHWEST 1/4, SAID POINT BEING 679.18 FEET, AS  MEASURED
HB0473 Engrossed            -13-               LRB9002602NTsb
 1        ALONG  SAID  PARALLEL  LINE,  NORTH OF THE AFOREDESCRIBED
 2        POINT  OF  COMMENCEMENT;  THENCE  NORTH  00  DEGREES,  00
 3        MINUTES,  00  SECONDS  EAST  ALONG  SAID  LAST  DESCRIBED
 4        PARALLEL LINE, 158.10 FEET; THENCE NORTH 39  DEGREES,  39
 5        MINUTES,  24  SECONDS EAST, 27.09 FEET TO AN INTERSECTION
 6        WITH THE SOUTHERLY LINE OF HIGGINS  ROAD,  BEING  A  LINE
 7        50.00  FEET,  AS  MEASURED  AT RIGHT ANGLES, SOUTHERLY OF
 8        AND PARALLEL WITH THE CENTER LINE OF  SAID  ROAD;  THENCE
 9        SOUTH  72 DEGREES, 34 MINUTES, 18 SECONDS EAST ALONG SAID
10        LAST  DESCRIBED  SOUTHERLY  LINE,  382.55  FEET   TO   AN
11        INTERSECTION  WITH  THE WESTERLY RIGHT OF WAY LINE OF THE
12        MINNEAPOLIS, ST.  PAUL  AND  SAULT  STE.  MARIE  RAILROAD
13        (FORMERLY  THE  CHICAGO  AND  WISCONSIN RAILROAD); THENCE
14        SOUTH 14 DEGREES, 51 MINUTES, 36 SECONDS EAST ALONG  SAID
15        LAST  DESCRIBED  WESTERLY LINE, 378.97 FEET; THENCE SOUTH
16        90 DEGREES, 00 MINUTES, 00 SECONDS WEST, 260.00  FEET  TO
17        THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS.
18             Generally  comprising  approximately 3.8 acres along
19        the south side of  Higgins Road, East of Mannheim Road.
20                               Tract 2
21        PARCEL 1:
22             Any  leasehold  interest  of  any  portion  of   the
23        property legally described as  follows:
24        THAT  PART  OF  THE  EAST  8  ACRES OF LOT 2 IN FREDERICK
25        JOSS92S  DIVISION OF LAND  IN  SECTION  9,  TOWNSHIP  40
26        NORTH,  RANGE  12    EAST OF THE THIRD PRINCIPAL MERIDIAN
27        (EXCEPT THE NORTH  500 FEET THEREOF AS  MEASURED  ON  THE
28        EAST  LINE)  LYING    EASTERLY OF THE FOLLOWING DESCRIBED
29        LINE: BEGINNING AT A  POINT ON THE NORTH LINE OF SAID LOT
30        2, 19.07 FEET WEST OF    THE  NORTHEAST  CORNER  THEREOF;
31        THENCE SOUTHWESTERLY  ALONG A LINE FORMING AN ANGLE OF 73
32        DEGREES  46 MINUTES  40 SECONDS (AS MEASURED FROM WEST TO
33        SOUTHWEST) WITH  THE AFORESAID NORTH LINE  OF  LOT  2,  A
34        DISTANCE OF 626.69  FEET TO A POINT; THENCE SOUTHEASTERLY
HB0473 Engrossed            -14-               LRB9002602NTsb
 1        ALONG  A  LINE  FORMING AN ANGLE OF 20 DEGREES 58 MINUTES
 2        25 SECONDS  (AS MEASURED TO THE LEFT) WITH A PROLONGATION
 3        OF THE  LAST DESCRIBED COURSE A DISTANCE OF  721.92  FEET
 4        TO  A  POINT IN THE SOUTH LINE OF SAID LOT WHICH IS 85.31
 5        FEET  WEST  OF  THE  SOUTHEAST  CORNER  OF  SAID  LOT  2,
 6        EXCEPTING    THEREFROM  THE FOLLOWING DESCRIBED PREMISES:
 7        THE SOUTH  50 FEET OF LOT 2 LYING EAST OF  THE  FOLLOWING
 8        DESCRIBED    LINE; BEGINNING AT A POINT IN THE SOUTH LINE
 9        OF LOT 2, WHICH  IS 85.31  FEET  WEST  OF  THE  SOUTHEAST
10        CORNER  OF  SAID  LOT;   THENCE NORTHERLY ON A LINE WHICH
11        FORMS AN ANGLE OF 85  DEGREES 13 MINUTES  25  SECONDS  IN
12        THE  NORTHWEST  1/4  WITH    SAID  LAST DESCRIBED LINE IN
13        FREDERICK JOSS92S DIVISION OF  LANDS  IN  THE  NORTHEAST
14        1/4  OF  SECTION  9, TOWNSHIP 40  NORTH, RANGE 12 EAST OF
15        THE THIRD PRINCIPAL MERIDIAN.
16        PARCEL 2:
17             Plus any rights of ingress and egress which the said
18        holder of the  leasehold interest may  have  pursuant  to
19        the following described easement:
20        GRANT OF EASEMENT FOR THE BENEFIT OF PARCEL 1 AS  CREATED
21        BY  GRANT FROM FRACAP SHEET METAL  MANUFACTURING COMPANY,
22        INC. TO JUNE WEBER POLLY DATED   NOVEMBER  16,  1970  AND
23        RECORDED   APRIL  7,  1971  AS  DOCUMENT    21442818  FOR
24        PASSAGEWAY OVER THE EAST 20 FEET AS   MEASURED  AT  RIGHT
25        ANGLES TO THE EAST LINE THEREOF OF  THE NORTH 500 FEET OF
26        THAT  PART  OF  THE  EAST  8 ACRES OF  LOT 2 IN FREDERICK
27        JOSS92S DIVISION OF LAND IN  SECTION  9,    TOWNSHIP  40
28        NORTH,  RANGE  12  EAST OF THE THIRD PRINCIPAL  MERIDIAN,
29        LYING  EASTERLY  OF  THE  FOLLOWING  DESCRIBED      LINE:
30        BEGINNING  AT  A  POINT  ON THE NORTH LINE OF SAID LOT 2,
31        19.07 FEET WEST OF THE NORTHEAST CORNER THEREOF;   THENCE
32        SOUTHWESTERLY  ALONG  A  LINE  FORMING  AN  ANGLE  OF  73
33        DEGREES 46 MINUTES 40 SECONDS (AS MEASURED FROM  WEST  TO
34        SOUTHWEST)  WITH  THE  AFORESAID  NORTH LINE OF LOT  2, A
HB0473 Engrossed            -15-               LRB9002602NTsb
 1        DISTANCE OF 626.69 FEET TO A POINT; THENCE  SOUTHEASTERLY
 2        ALONG A LINE FORMING AN ANGLE OF 20  DEGREES  58  MINUTES
 3        25 SECONDS (AS MEASURED TO THE LEFT)  WITH A PROLONGATION
 4        OF  THE  LAST DESCRIBED COURSE A  DISTANCE OF 721.92 FEET
 5        TO A POINT IN THE SOUTH LINE OF  SAID  LOT  2,  WHICH  IS
 6        85.31  FEET  WEST OF THE SOUTHEAST  CORNER OF SAID LOT 2,
 7        IN COOK COUNTY, ILLINOIS;
 8             (53)  by the Village of Oak Park for the acquisition
 9        of property within the areas designated  as  the  Greater
10        Downtown  Area  Tax  Increment  Financing  District,  the
11        Harlem/Garfield Tax Increment Financing District, and the
12        Madison  Street  Tax  Increment  Financing  District, not
13        including residentially  zoned  properties  within  these
14        areas, for commercial redevelopment goals;
15             (54)  for  a  period  of 3 years after the effective
16        date of this amendatory Act of 1997, by  the  Village  of
17        Oak Park for the acquisition of property within the areas
18        designated  as  the North Avenue Commercial Strip and the
19        Harrison   Street   Business    Area,    not    including
20        residentially  zoned  properties  within these areas, for
21        commercial redevelopment goals.
22        In a proceeding subject to this Section,  the  plaintiff,
23    at  any  time  after  the complaint has been filed and before
24    judgment is entered in the proceeding,  may  file  a  written
25    motion  requesting  that,  immediately  or  at some specified
26    later date, the plaintiff  either  be  vested  with  the  fee
27    simple title (or such lesser estate, interest or easement, as
28    may  be  required) to the real property, or specified portion
29    thereof, which is the  subject  of  the  proceeding,  and  be
30    authorized  to  take  possession of and use such property; or
31    only be authorized to take possession  of  and  to  use  such
32    property,  if such possession and use, without the vesting of
33    title, are sufficient to permit the plaintiff to proceed with
34    the project until the final  ascertainment  of  compensation;
HB0473 Engrossed            -16-               LRB9002602NTsb
 1    however, no land or interests therein now or hereafter owned,
 2    leased,  controlled or operated and used by, or necessary for
 3    the actual  operation  of,  any  common  carrier  engaged  in
 4    interstate  commerce,  or any other public utility subject to
 5    the jurisdiction of the Illinois Commerce  Commission,  shall
 6    be  taken or appropriated hereunder by the State of Illinois,
 7    the Illinois Toll Highway Authority, the  sanitary  district,
 8    the  St.  Louis  Metropolitan  Area  Airport Authority or the
 9    Board of Trustees of the University of Illinois without first
10    securing the approval of such Commission.
11        Except as hereinafter stated, the motion for taking shall
12    state: (1) an accurate description of the property  to  which
13    the  motion  relates  and the estate or interest sought to be
14    acquired therein; (2) the formally adopted schedule  or  plan
15    of  operation  for  the execution of the plaintiff's project;
16    (3) the  situation  of  the  property  to  which  the  motion
17    relates,  with  respect  to  the  schedule  or  plan; (4) the
18    necessity for taking such property in the manner requested in
19    the  motion;  and  (5)  if  the  property  (except   property
20    described  in Section 3 of the Sports Stadium Act or property
21    described as Site B in Section 2 of the Metropolitan Pier and
22    Exposition Authority Act)  to  be  taken  is  owned,  leased,
23    controlled  or  operated  and  used  by, or necessary for the
24    actual operation of, any interstate common carrier  or  other
25    public  utility  subject  to the jurisdiction of the Illinois
26    Commerce Commission, a  statement  to  the  effect  that  the
27    approval  of  such proposed taking has been secured from such
28    Commission, and attaching to such motion a certified copy  of
29    the  order  of such Commission granting such approval. If the
30    schedule or plan of operation is not set forth fully  in  the
31    motion,  a copy of such schedule or plan shall be attached to
32    the motion.
33    (Source: P.A. 88-486; 88-526; 88-670,  eff.  12-2-94;  89-29,
34    eff.  6-23-95;  89-134,  eff.  7-14-95; 89-343, eff. 8-17-95;
HB0473 Engrossed            -17-               LRB9002602NTsb
 1    89-356, eff.  8-17-95;  89-445,  eff.  2-7-96;  89-460,  eff.
 2    5-24-96;  89-494, eff. 6-21-96; 89-502, eff. 6-28-96; 89-504,
 3    eff. 6-28-96;  89-592,  eff.  8-1-96;  89-626,  eff.  8-9-96;
 4    89-699, eff. 1-16-97.)
 5        (Text of Section after amendment by P.A. 89-683)
 6        Sec.  7-103.  "Quick-take".  This Section applies only to
 7    proceedings under this Article:
 8             (1)  by the State of  Illinois,  the  Illinois  Toll
 9        Highway  Authority  or  the  St.  Louis Metropolitan Area
10        Airport  Authority  for  the  acquisition  of   land   or
11        interests therein for highway purposes;
12             (2)  (blank);
13             (3)  by  the  Department  of  Commerce and Community
14        Affairs for the purpose specified in  the  Illinois  Coal
15        Development Bond Act;
16             (4)  (blank);
17             (5)  for  the  purpose  specified  in  the St. Louis
18        Metropolitan Area Airport Authority Act;
19             (6)  for a period of 24 months after May  24,  1996,
20        by   the   Southwestern  Illinois  Development  Authority
21        pursuant  to  the   Southwestern   Illinois   Development
22        Authority Act;
23             (7)  for  a  period  of  3  years after December 30,
24        1987, by the Quad Cities  Regional  Economic  Development
25        Authority   (except   for  the  acquisition  of  land  or
26        interests therein that is  farmland,  or  upon  which  is
27        situated  a  farm dwelling and appurtenant structures, or
28        upon which is situated a residence, or  which  is  wholly
29        within  an  area  that  is  zoned  for  residential  use)
30        pursuant to the Quad Cities Regional Economic Development
31        Authority Act;
32             (8)  by   a  sanitary  district  created  under  the
33        Metropolitan Water  Reclamation  District  Act   for  the
34        acquisition  of  land  or  interests therein for purposes
HB0473 Engrossed            -18-               LRB9002602NTsb
 1        specified in that Act;
 2             (9)  by a rail carrier within the  time  limitations
 3        and  subject  to  the  terms  and conditions set forth in
 4        Section 18c-7501 of the Illinois Vehicle Code;
 5             (10)  for a period of 18 months  after  January  26,
 6        1987,  for  the  purpose  specified  in  Division  135 of
 7        Article  11  of  the  Illinois  Municipal  Code,   by   a
 8        commission   created   under   Section  2  of  the  Water
 9        Commission Act of 1985;
10             (11)  by a village containing a population  of  less
11        than  15,000  for the purpose of acquiring property to be
12        used for a  refuse  derived  fuel  system    designed  to
13        generate   steam  and  electricity,  and  for  industrial
14        development that will utilize such steam and electricity,
15        pursuant to Section 11-19-10 of  the  Illinois  Municipal
16        Code;
17             (12)  after receiving the prior approval of the City
18        Council,  by  a  municipality having a population of more
19        than 500,000  for  the  purposes  set  forth  in  Section
20        11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
21        Illinois  Municipal  Code, and for the same purposes when
22        established pursuant to home rule powers;
23             (13)  by a home rule municipality,  after  a  public
24        hearing  held  by  the  corporate  authorities  or  by  a
25        committee of the corporate authorities and after approval
26        by  a  majority  of  the corporate authorities, within an
27        area designated as an enterprise zone by the municipality
28        under the Illinois Enterprise Zone Act;
29             (14)  by the Illinois  Sports  Facilities  Authority
30        for  the  purpose specified in Section 12 of the Illinois
31        Sports Facilities Authority Act;
32             (15)  by a municipality having a population of  more
33        than  2,000,000 for the purpose of acquiring the property
34        described in Section 3 of the Sports Stadium Act;
HB0473 Engrossed            -19-               LRB9002602NTsb
 1             (16)  for a period of 18 months after July 29, 1986,
 2        in any  proceeding  by  the  Board  of  Trustees  of  the
 3        University  of  Illinois  for  the acquisition of land in
 4        Champaign County or interests therein as  a  site  for  a
 5        building or for any educational purpose;
 6             (17)  for a period of 2 years after July 1, 1990, by
 7        a  home  rule  municipality  and  a  county  board,  upon
 8        approval  of  a  majority of the corporate authorities of
 9        both the county board and  the  municipality,  within  an
10        area designated as an enterprise zone by the municipality
11        and   the   county  board  through  an  intergovernmental
12        agreement under the Illinois Enterprise  Zone  Act,  when
13        the  purpose of the condemnation proceeding is to acquire
14        land for the construction of an industrial  harbor  port,
15        and when the total amount of land to be acquired for that
16        purpose  is  less  than  75  acres and is adjacent to the
17        Illinois River;
18             (18)  by an airport authority located solely  within
19        the  boundaries of Madison County, Illinois, and which is
20        organized pursuant  to  the  provisions  of  the  Airport
21        Authorities Act, (i) for the acquisition of 160 acres, or
22        less,  of  land  or  interests  therein  for the purposes
23        specified in that Act which may be necessary  to  extend,
24        mark,  and light runway 11/29 for a distance of 1600 feet
25        in length by 100 feet in width with parallel taxiway,  to
26        relocate  and  mark  County  Highway  19, Madison County,
27        known  as  Moreland  Road,  to  relocate  the  instrument
28        landing system including the approach lighting system and
29        to construct associated  drainage,  fencing  and  seeding
30        required  for the foregoing project and (ii) for a period
31        of 6 months after December 28, 1989, for the  acquisition
32        of  75  acres,  or less, of land or interests therein for
33        the purposes specified in that Act which may be necessary
34        to extend, mark and light the south end of  runway  17/35
HB0473 Engrossed            -20-               LRB9002602NTsb
 1        at such airport;
 2             (19)  by   any   unit  of  local  government  for  a
 3        permanent  easement  for  the  purpose  of   maintaining,
 4        dredging or cleaning the Little Calumet River;
 5             (20)  by   any   unit  of  local  government  for  a
 6        permanent  easement  for  the  purpose  of   maintaining,
 7        dredging or cleaning the Salt Creek in DuPage County;
 8             (21)  by   St.   Clair  County,  Illinois,  for  the
 9        development of a joint use facility at  Scott  Air  Force
10        Base;
11             (22)  by the Village of Summit, Illinois, to acquire
12        land for a waste to energy plant;
13             (23)  for  a  period of 15 months after September 7,
14        1990, by the Department of Transportation or by any  unit
15        of    local    government   under   the   terms   of   an
16        intergovernmental  cooperation  agreement   between   the
17        Department  of  Transportation  and  the  unit  of  local
18        government   for   the  purpose  of  developing  aviation
19        facilities in  and  around  Chanute  Air  Force  Base  in
20        Champaign County, Illinois;
21             (24)  for  a  period  of  1  year after December 12,
22        1990, by the City of Morris for the  development  of  the
23        Morris Municipal Airport;
24             (25)  for a period of 1 year after June 19, 1991, by
25        the   Greater  Rockford  Airport  Authority  for  airport
26        expansion purposes;
27             (26)  for a period of 24 months after June 30, 1991,
28        by the City of Aurora for  completion  of  an  instrument
29        landing system and construction of an east-west runway at
30        the Aurora Municipal Airport;
31             (27)  for  the  acquisition by the Metropolitan Pier
32        and  Exposition  Authority  of  property   described   in
33        subsection  (f) of Section 5 of the Metropolitan Pier and
34        Exposition Authority Act for the  purposes  of  providing
HB0473 Engrossed            -21-               LRB9002602NTsb
 1        additional  grounds, buildings, and facilities related to
 2        the purposes of  the  Metropolitan  Pier  and  Exposition
 3        Authority;
 4             (28)  for a period of 24 months after March 1, 1992,
 5        by  the  Village  of  Wheeling  and  the City of Prospect
 6        Heights, owners of the Palwaukee  Municipal  Airport,  to
 7        allow for the acquisition of right of way to complete the
 8        realignment of Hintz Road and Wolf Road;
 9             (29)  for  a  period  of one year from the effective
10        date  of  this   amendatory   Act   of   1992,   by   the
11        Bloomington-Normal    Airport   Authority   for   airport
12        expansion purposes;
13             (30)  for a period of 24 months after September  10,
14        1993,  by  the  Cook  County  Highway Department and Lake
15        County Department of  Transportation  to  allow  for  the
16        acquisition of necessary right-of-way for construction of
17        underpasses   for   Lake-Cook   Road   at   the   Chicago
18        Northwestern Railroad crossing, west of Skokie Boulevard,
19        and the Chicago, Milwaukee, St. Paul and Pacific Railroad
20        crossing, west of Waukegan Road;
21             (31)  for  a  period  of one year after December 23,
22        1993, by the City of Arcola and the City of  Tuscola  for
23        the  development of the Arcola/Tuscola Water Transmission
24        Pipeline  Project  pursuant  to   the   intergovernmental
25        agreement  between  the  City  of  Arcola and the City of
26        Tuscola;
27             (32)  for a period of 24 months  from  December  23,
28        1993,  by  the Village of Bensenville for the acquisition
29        of property bounded by Illinois Route 83 to the west  and
30        O'Hare  International  Airport  to the east to complete a
31        flood control project known as the Bensenville Ditch;
32             (33)  for a period of 9  months  after  November  1,
33        1993, by the Medical Center Commission for the purpose of
34        acquiring  a  site for the Illinois State Police Forensic
HB0473 Engrossed            -22-               LRB9002602NTsb
 1        Science Laboratory at Chicago, on the  block  bounded  by
 2        Roosevelt  Road on the north, Wolcott Street on the east,
 3        Washburn Street on the south, and  Damen  Avenue  on  the
 4        west in Chicago, Illinois;
 5             (34)  for a period of 36 months after July 14, 1995,
 6        by  White  County  for  the  acquisition  of a 3 1/2 mile
 7        section of Bellaire Road, which is described as  follows:
 8        Commencing  at  the Northwest Corner of the Southeast 1/4
 9        of Section 28, Township 6 South, Range 10 East of the 3rd
10        Principal Meridian;  thence  South  to  a  point  at  the
11        Southwest  Corner  of  the  Southeast  1/4  of Section 9,
12        Township 7 South, Range 10  East  of  the  3rd  Principal
13        Meridian;
14             (35)  for  a period of one year after July 14, 1995,
15        by  the  City  of  Aurora  for  permanent  and  temporary
16        easements except over land adjacent to Indian  Creek  and
17        west of Selmarten Creek located within the City of Aurora
18        for  the  construction  of  Phase  II of the Indian Creek
19        Flood Control Project;
20             (35.1)  for a period beginning June  24,  1995  (the
21        day following the effective date of Public Act 89-29) and
22        ending  on July 13, 1995 (the day preceding the effective
23        date of Public Act 89-134), by the  City  of  Aurora  for
24        permanent and temporary easements for the construction of
25        Phase II of the Indian Creek Flood Control Project;
26             (36)  for a period of 3 years from July 14, 1995, by
27        the  Grand  Avenue  Railroad Relocation Authority for the
28        Grand Avenue Railroad Grade Separation Project within the
29        Village of Franklin Park, Illinois;
30             (37)  for a period of 3 years after July  14,  1995,
31        by  the  Village  of  Romeoville  for  the acquisition of
32        rights-of-way for the 135th Street Bridge Project,  lying
33        within  the  South  1/2 of Section 34, Township 37 North,
34        Range 10 East and the South 1/2 of Section  35,  Township
HB0473 Engrossed            -23-               LRB9002602NTsb
 1        37  North, Range 10 East of the Third Principal Meridian,
 2        and the North 1/2 of Section 2, Township 36 North,  Range
 3        10  East  and  the  North  1/2  of Section 3, Township 36
 4        North, Range 10 East of the 3rd  Principal  Meridian,  in
 5        Will County, Illinois;
 6             (37.1)  for a period of 3 years after June 23, 1995,
 7        by  the  Illinois  Department  of  Transportation for the
 8        acquisition of rights-of-way for the 135th Street  Bridge
 9        Project  between  the  Des  Plaines  River and New Avenue
10        lying within the South 1/2 of  Section  35,  Township  37
11        North, Range 10 East of the Third Principal Meridian  and
12        the  North  1/2 of Section 2, Township 36 North, Range 10
13        East of the  3rd  Principal  Meridian,  in  Will  County,
14        Illinois;
15             (38)  for  a period beginning June 24, 1995 (the day
16        after the effective date of Public Act 89-29) and  ending
17        18  months  after  July  14,  1995 (the effective date of
18        Public  Act  89-134),   by   the   Anna-Jonesboro   Water
19        Commission  for the acquisition of land and easements for
20        improvements  to  its   water   treatment   and   storage
21        facilities and water transmission pipes;
22             (39)  for a period of 36 months after July 14, 1995,
23        by  the City of Effingham for the acquisition of property
24        which is described as follows:
25        Tract 1:
26             Lots 26 and 27 in Block 4 in  RAILROAD  ADDITION  TO
27        THE  TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
28        thereof recorded in Book "K", Page 769, in the Recorder's
29        Office of Effingham County),  situated  in  the  City  of
30        Effingham, County of Effingham and State of Illinois.
31             Tract 2:
32             The  alley  lying  South  and  adjoining Tract 1, as
33        vacated by Ordinance recorded on July 28,  1937  in  Book
34        183,  Page  465, and all right, title and interest in and
HB0473 Engrossed            -24-               LRB9002602NTsb
 1        to said alley as established by the Contract for Easement
 2        recorded on August 4, 1937 in Book 183, Page 472;
 3             (40)  for a period of one year after July 14,  1995,
 4        by  the  Village  of  Palatine  for  the  acquisition  of
 5        property  located  along  the  south  side of Dundee Road
 6        between  Rand  Road  and  Hicks  Road  for  redevelopment
 7        purposes;
 8             (41)  for a period of 6 years after  July  1,  1995,
 9        for  the  acquisition  by  the Medical Center District of
10        property described in Section 3 of the  Illinois  Medical
11        District  Act  within  the  District  Development Area as
12        described in Section 4 of that Act for the  purposes  set
13        forth in that Act;
14             (41.5)  for  a  period  of  24 months after June 21,
15        1996 by the City of Effingham, Illinois  for  acquisition
16        of  property  for  the  South  Raney  Street  Improvement
17        Project Phase I;
18             (42)  for  a  period of 3 years after June 21, 1996,
19        by the  Village  of  Deerfield  for  the  acquisition  of
20        territory   within   the  Deerfield  Village  Center,  as
21        designated as of that date by the Deerfield Comprehensive
22        Plan, with the exception of that  area  north  of  Jewett
23        Park  Drive  (extended)  between  Waukegan  Road  and the
24        Milwaukee Railroad Tracks, for redevelopment purposes;
25             (43)  for a period of 12 months after June 21, 1996,
26        by the City of Harvard for the  acquisition  of  property
27        lying  west  of  Harvard Hills Road of sufficient size to
28        widen the Harvard Hills Road right of way and to  install
29        and maintain city utility services not more than 200 feet
30        west of the center line of Harvard Hills Road;
31             (44)  for  a  period of 5 years after June 21, 1996,
32        by the Village of River Forest, Illinois, within the area
33        designated as a tax increment financing district when the
34        purpose of the condemnation proceeding is to acquire land
HB0473 Engrossed            -25-               LRB9002602NTsb
 1        for any of the purposes contained in the River Forest Tax
 2        Increment  Financing  Plan  or  authorized  by  the   Tax
 3        Increment  Allocation  Redevelopment  Act,  provided that
 4        condemnation of any property zoned and  used  exclusively
 5        for residential purposes shall be prohibited;
 6             (45)  for a period of 18 months after June 28, 1996,
 7        by the Village of Schaumburg for the acquisition of land,
 8        easements,  and  aviation  easements for the purpose of a
 9        public airport in Cook and DuPage Counties; provided that
10        if any proceedings under the provisions of  this  Article
11        are pending on that date, "quick-take" may be utilized by
12        the Village of Schaumburg;
13             (46)  for  a period of one year after June 28, 1996,
14        by the City of Pinckneyville for the acquisition of  land
15        and  easements  to  provide for improvements to its water
16        treatment and storage facilities and  water  transmission
17        pipes,  and  for the construction of a sewerage treatment
18        facility and sewerage transmission  pipes  to  serve  the
19        Illinois    Department   of   Corrections   Pinckneyville
20        Correctional Facility;
21             (47)  for a period of 6 months after June 28,  1996,
22        by  the  City of Streator for the acquisition of property
23        described as follows for a  first  flush  basin  sanitary
24        sewer system:
25                  Tract  5:  That part of lots 20 and 21 in Block
26             6 in Moore and  Plumb's  addition  to  the  city  of
27             Streator,  Illinois, lying south of the right of way
28             of the switch  track  of  the  Norfolk  and  Western
29             Railroad  (now  abandoned) in the county of LaSalle,
30             state of Illinois;
31                  Tract 6:  That part of lots 30, 31  and  32  in
32             Block 7 in Moore and Plumb's Addition to the city of
33             Streator, Illinois, lying north of the centerline of
34             Coal  Run Creek and south of the right of way of the
HB0473 Engrossed            -26-               LRB9002602NTsb
 1             switch track of the  Norfolk  and  Western  Railroad
 2             (now  abandoned)  in the county of LaSalle, state of
 3             Illinois;
 4             (48)  for a period of 36 months  after  January  16,
 5        1997  the  effective date of this amendatory Act of 1996,
 6        by   the   Bi-State    Development    Agency    of    the
 7        Missouri-Illinois    Metropolitan    District   for   the
 8        acquisition  of  rights  of  way  and  related   property
 9        necessary  for  the  construction  and  operation  of the
10        MetroLink Light Rail System, beginning in East St. Louis,
11        Illinois, and terminating at  Mid  America  Airport,  St.
12        Clair County, Illinois;
13             (49)  for a period of 2 years after January 16, 1997
14        the effective date of this amendatory Act of 1996, by the
15        Village    of   Schaumburg   for   the   acquisition   of
16        rights-of-way,   permanent   easements,   and   temporary
17        easements  for  the  purpose  of  improving  the  Roselle
18        Road/Illinois  Route  58/Illinois  Route   72   corridor,
19        including  rights-of-way  along  Roselle  Road, Remington
20        Road, Valley Lake Drive, State Parkway,  Commerce  Drive,
21        Kristin  Circle,  and  Hillcrest  Boulevard,  a permanent
22        easement along  Roselle  Road,  and  temporary  easements
23        along  Roselle  Road,  State  Parkway, Valley Lake Drive,
24        Commerce Drive, Kristin Circle, and Hillcrest  Boulevard,
25        in Cook County;.
26             (50) (48)  by  the  Department of Transportation for
27        purposes of acquiring private property  as  specified  in
28        the Meigs Field Airport Act;.
29             (51)  for  a  period  of 3 years after the effective
30        date of this amendatory Act of 1997  by  the  Village  of
31        Morton  Grove, within the area designated as the Waukegan
32        Road Tax Increment Financing District to be used only for
33        acquiring  commercially  zoned  properties   located   on
34        Waukegan  Road  for  tax increment redevelopment projects
HB0473 Engrossed            -27-               LRB9002602NTsb
 1        contained in the redevelopment plan for the area;
 2             (52)  For a period of 2 years  after  the  effective
 3        date  of  this  amendatory Act of 1997, by the Village of
 4        Rosement for the acquisition of the property described as
 5        Tract 1, and the acquisition of any leasehold interest of
 6        the property described as  Tract  2,  both  described  as
 7        follows:
 8                               Tract 1
 9        PARCEL 1:
10        THAT  PART  OF  THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP
11        41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
12        DESCRIBED AS FOLLOWS:
13        COMMENCING AT THE INTERSECTION OF A LINE 50.00  FEET,  AS
14        MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH  THE
15        SOUTH  LINE  OF  SAID  SOUTHWEST  1/4  WITH A LINE 484.69
16        FEET, AS MEASURED AT RIGHT ANGLES, EAST OF  AND  PARALLEL
17        WITH  THE  WEST LINE OF SAID SOUTHWEST 1/4 (THE WEST LINE
18        OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF  NORTH
19        00 DEGREES 00 MINUTES 00 SECONDS EAST  FOR  THIS    LEGAL
20        DESCRIPTION);  THENCE  NORTH  00  DEGREES  00 MINUTES  00
21        SECONDS EAST ALONG SAID  LAST  DESCRIBED  PARALLEL  LINE,
22        427.26  FEET  TO A POINT FOR A PLACE OF BEGINNING; THENCE
23        CONTINUING NORTH 00 DEGREES 00 MINUTES  00  SECONDS  EAST
24        ALONG  SAID  LAST  DESCRIBED  PARALLEL LINE, 251.92 FEET;
25        THENCE NORTH 45  DEGREES  00  MINUTES  00  SECONDS  EAST,
26        32.53  FEET;  THENCE  NORTH  90  DEGREES  00  MINUTES  00
27        SECONDS  EAST,  53.70  FEET;  THENCE  SOUTH 72 DEGREES 34
28        MINUTES 18 SECONDS EAST, 149.63  FEET;  THENCE  SOUTH  00
29        DEGREES  00  MINUTES 00 SECONDS WEST, 230.11 FEET; THENCE
30        SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 219.46 FEET,
31        TO THE POINT OF BEGINNING IN COOK COUNTY, ILLINOIS.
32        PARCEL 2:
33        THAT PART OF THE SOUTHWEST 1/4 OF  SECTION  33,  TOWNSHIP
34        41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
HB0473 Engrossed            -28-               LRB9002602NTsb
 1        DESCRIBED AS FOLLOWS:
 2        COMMENCING  AT  THE INTERSECTION OF A LINE 50.00 FEET, AS
 3        MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH  THE
 4        SOUTH LINE OF SAID  SOUTHWEST  1/4  WITH  A  LINE  484.69
 5        FEET,  AS  MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL
 6        WITH THE WEST LINE OF SAID SOUTHWEST 1/4 (THE  WEST  LINE
 7        OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF  NORTH
 8        00  DEGREES,  00 MINUTES, 00 SECONDS EAST FOR THIS  LEGAL
 9        DESCRIPTION); THENCE NORTH 00 DEGREES, 00  MINUTES,    00
10        SECONDS  EAST  ALONG  SAID  LAST DESCRIBED PARALLEL LINE,
11        153.00 FEET; THENCE NORTH  90  DEGREES,  00  MINUTES,  00
12        SECONDS  EAST,  89.18  FEET;  THENCE NORTH 00 DEGREES, 00
13        MINUTES, 00 SECONDS EAST, 48.68  FEET;  THENCE  NORTH  90
14        DEGREES,  00 MINUTES, 00 SECONDS EAST, 43.53 FEET; THENCE
15        SOUTH 00 DEGREES, 00 MINUTES, 00 SECONDS EAST, 8.00 FEET;
16        THENCE NORTH 90 DEGREES, 00  MINUTES,  00  SECONDS  EAST,
17        44.23  FEET;  THENCE  NORTH  45  DEGREES,  00 MINUTES, 00
18        SECONDS EAST. 60.13 FEET; THENCE  NORTH  00  DEGREES,  00
19        MINUTES,  00  SECONDS  EAST, 141.06 FEET TO A POINT FOR A
20        PLACE OF BEGINNING, SAID POINT BEING  447.18  FEET  NORTH
21        AND    704.15  FEET  EAST  OF THE SOUTHWEST CORNER OF THE
22        SOUTHWEST 1/4 OF SAID SECTION 33, AS MEASURED  ALONG  THE
23        WEST LINE OF SAID SOUTHWEST 1/4 AND ALONG A LINE AT RIGHT
24        ANGLES  THERETO;  THENCE NORTH 00 DEGREES, 00 MINUTES, 00
25        SECONDS EAST, 280.11 FEET; THENCE NORTH  72  DEGREES,  34
26        MINUTES,  18  SECONDS  WEST, 149.63 FEET; THENCE SOUTH 90
27        DEGREES, 00 MINUTES, 00 SECONDS WEST, 53.70 FEET;  THENCE
28        SOUTH 45 DEGREES, 00 MINUTES, 00 SECONDS WEST, 32.53 FEET
29        TO  A  POINT  ON A LINE 484.69 FEET, AS MEASURED AT RIGHT
30        ANGLES, EAST OF AND PARALLEL WITH THE WEST LINE  OF  SAID
31        SOUTHWEST  1/4, SAID POINT BEING 679.18 FEET, AS MEASURED
32        ALONG SAID PARALLEL LINE,  NORTH  OF  THE  AFOREDESCRIBED
33        POINT  OF  COMMENCEMENT;  THENCE  NORTH  00  DEGREES,  00
34        MINUTES,  00  SECONDS  EAST  ALONG  SAID  LAST  DESCRIBED
HB0473 Engrossed            -29-               LRB9002602NTsb
 1        PARALLEL  LINE,  158.10 FEET; THENCE NORTH 39 DEGREES, 39
 2        MINUTES, 24 SECONDS EAST, 27.09 FEET TO  AN  INTERSECTION
 3        WITH  THE  SOUTHERLY  LINE  OF HIGGINS ROAD, BEING A LINE
 4        50.00 FEET, AS MEASURED AT  RIGHT  ANGLES,  SOUTHERLY  OF
 5        AND  PARALLEL  WITH  THE CENTER LINE OF SAID ROAD; THENCE
 6        SOUTH 72 DEGREES, 34 MINUTES, 18 SECONDS EAST ALONG  SAID
 7        LAST   DESCRIBED   SOUTHERLY  LINE,  382.55  FEET  TO  AN
 8        INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE  OF  THE
 9        MINNEAPOLIS,  ST.  PAUL  AND  SAULT  STE.  MARIE RAILROAD
10        (FORMERLY THE CHICAGO  AND  WISCONSIN  RAILROAD);  THENCE
11        SOUTH  14 DEGREES, 51 MINUTES, 36 SECONDS EAST ALONG SAID
12        LAST DESCRIBED WESTERLY LINE, 378.97 FEET;  THENCE  SOUTH
13        90  DEGREES,  00 MINUTES, 00 SECONDS WEST, 260.00 FEET TO
14        THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS.
15             Generally comprising approximately 3.8  acres  along
16        the south side of  Higgins Road, East of Mannheim Road.
17                               Tract 2
18        PARCEL 1:
19             Any   leasehold  interest  of  any  portion  of  the
20        property legally described as  follows:
21        THAT PART OF THE EAST 8  ACRES  OF  LOT  2  IN  FREDERICK
22        JOSS92S    DIVISION  OF  LAND  IN SECTION 9, TOWNSHIP 40
23        NORTH, RANGE 12  EAST OF  THE  THIRD  PRINCIPAL  MERIDIAN
24        (EXCEPT  THE  NORTH   500 FEET THEREOF AS MEASURED ON THE
25        EAST LINE) LYING  EASTERLY  OF  THE  FOLLOWING  DESCRIBED
26        LINE: BEGINNING AT A  POINT ON THE NORTH LINE OF SAID LOT
27        2,  19.07  FEET  WEST  OF   THE NORTHEAST CORNER THEREOF;
28        THENCE SOUTHWESTERLY  ALONG A LINE FORMING AN ANGLE OF 73
29        DEGREES 46 MINUTES  40 SECONDS (AS MEASURED FROM WEST  TO
30        SOUTHWEST)  WITH    THE  AFORESAID NORTH LINE OF LOT 2, A
31        DISTANCE OF 626.69  FEET TO A POINT; THENCE SOUTHEASTERLY
32        ALONG A LINE  FORMING AN ANGLE OF 20 DEGREES  58  MINUTES
33        25 SECONDS  (AS MEASURED TO THE LEFT) WITH A PROLONGATION
34        OF  THE   LAST DESCRIBED COURSE A DISTANCE OF 721.92 FEET
HB0473 Engrossed            -30-               LRB9002602NTsb
 1        TO A  POINT IN THE SOUTH LINE OF SAID LOT WHICH IS  85.31
 2        FEET    WEST  OF  THE  SOUTHEAST  CORNER  OF  SAID LOT 2,
 3        EXCEPTING  THEREFROM THE  FOLLOWING  DESCRIBED  PREMISES:
 4        THE  SOUTH   50 FEET OF LOT 2 LYING EAST OF THE FOLLOWING
 5        DESCRIBED  LINE; BEGINNING AT A POINT IN THE  SOUTH  LINE
 6        OF  LOT  2,  WHICH    IS 85.31 FEET WEST OF THE SOUTHEAST
 7        CORNER OF SAID LOT;  THENCE NORTHERLY  ON  A  LINE  WHICH
 8        FORMS  AN  ANGLE  OF 85  DEGREES 13 MINUTES 25 SECONDS IN
 9        THE NORTHWEST 1/4 WITH    SAID  LAST  DESCRIBED  LINE  IN
10        FREDERICK  JOSS92S  DIVISION  OF  LANDS IN THE NORTHEAST
11        1/4 OF SECTION 9, TOWNSHIP 40  NORTH, RANGE  12  EAST  OF
12        THE THIRD PRINCIPAL MERIDIAN.
13        PARCEL 2:
14             Plus any rights of ingress and egress which the said
15        holder  of  the   leasehold interest may have pursuant to
16        the following described easement:
17        GRANT OF EASEMENT FOR THE BENEFIT OF PARCEL 1 AS  CREATED
18        BY GRANT FROM FRACAP SHEET METAL  MANUFACTURING  COMPANY,
19        INC.  TO  JUNE  WEBER  POLLY DATED  NOVEMBER 16, 1970 AND
20        RECORDED  APRIL  7,  1971  AS  DOCUMENT    21442818   FOR
21        PASSAGEWAY  OVER  THE  EAST 20 FEET AS  MEASURED AT RIGHT
22        ANGLES TO THE EAST LINE THEREOF OF  THE NORTH 500 FEET OF
23        THAT PART OF THE EAST 8 ACRES OF    LOT  2  IN  FREDERICK
24        JOSS92S  DIVISION  OF  LAND  IN  SECTION 9,  TOWNSHIP 40
25        NORTH, RANGE 12 EAST OF THE THIRD  PRINCIPAL    MERIDIAN,
26        LYING   EASTERLY   OF  THE  FOLLOWING  DESCRIBED    LINE:
27        BEGINNING AT A POINT ON THE NORTH LINE  OF  SAID  LOT  2,
28        19.07  FEET WEST OF THE NORTHEAST CORNER THEREOF;  THENCE
29        SOUTHWESTERLY ALONG A  LINE  FORMING  AN  ANGLE  OF    73
30        DEGREES  46 MINUTES 40 SECONDS (AS MEASURED FROM  WEST TO
31        SOUTHWEST) WITH THE AFORESAID NORTH LINE OF  LOT    2,  A
32        DISTANCE OF 626.69 FEET TO A POINT; THENCE  SOUTHEASTERLY
33        ALONG  A  LINE FORMING AN ANGLE OF 20  DEGREES 58 MINUTES
34        25 SECONDS (AS MEASURED TO THE LEFT)  WITH A PROLONGATION
HB0473 Engrossed            -31-               LRB9002602NTsb
 1        OF THE LAST DESCRIBED COURSE A  DISTANCE OF  721.92  FEET
 2        TO  A  POINT  IN  THE SOUTH LINE OF  SAID LOT 2, WHICH IS
 3        85.31 FEET WEST OF THE SOUTHEAST  CORNER OF SAID  LOT  2,
 4        IN COOK COUNTY, ILLINOIS;
 5             (53)  by the Village of Oak Park for the acquisition
 6        of  property  within  the areas designated as the Greater
 7        Downtown  Area  Tax  Increment  Financing  District,  the
 8        Harlem/Garfield Tax Increment Financing District, and the
 9        Madison Street  Tax  Increment  Financing  District,  not
10        including  residentially  zoned  properties  within these
11        areas, for commercial redevelopment goals;
12             (54)  for a period of 3 years  after  the  effective
13        date  of  this  amendatory Act of 1997, by the Village of
14        Oak Park for the acquisition of property within the areas
15        designated as the North Avenue Commercial Strip  and  the
16        Harrison    Street    Business    Area,   not   including
17        residentially zoned properties within  these  areas,  for
18        commercial redevelopment goals.
19        In  a  proceeding subject to this Section, the plaintiff,
20    at any time after the complaint has  been  filed  and  before
21    judgment  is  entered  in  the proceeding, may file a written
22    motion requesting that,  immediately  or  at  some  specified
23    later  date,  the  plaintiff  either  be  vested with the fee
24    simple title (or such lesser estate, interest or easement, as
25    may be required) to the real property, or  specified  portion
26    thereof,  which  is  the  subject  of  the proceeding, and be
27    authorized to take possession of and use  such  property;  or
28    only  be  authorized  to  take  possession of and to use such
29    property, if such possession and use, without the vesting  of
30    title, are sufficient to permit the plaintiff to proceed with
31    the  project  until  the final ascertainment of compensation;
32    however, no land or interests therein now or hereafter owned,
33    leased, controlled or operated and used by, or necessary  for
34    the  actual  operation  of,  any  common  carrier  engaged in
HB0473 Engrossed            -32-               LRB9002602NTsb
 1    interstate commerce, or any other public utility  subject  to
 2    the  jurisdiction  of the Illinois Commerce Commission, shall
 3    be taken or appropriated hereunder by the State of  Illinois,
 4    the  Illinois  Toll Highway Authority, the sanitary district,
 5    the St. Louis Metropolitan  Area  Airport  Authority  or  the
 6    Board of Trustees of the University of Illinois without first
 7    securing the approval of such Commission.
 8        Except as hereinafter stated, the motion for taking shall
 9    state:  (1)  an accurate description of the property to which
10    the motion relates and the estate or interest  sought  to  be
11    acquired  therein;  (2) the formally adopted schedule or plan
12    of operation for the execution of  the  plaintiff's  project;
13    (3)  the  situation  of  the  property  to  which  the motion
14    relates, with respect  to  the  schedule  or  plan;  (4)  the
15    necessity for taking such property in the manner requested in
16    the   motion;  and  (5)  if  the  property  (except  property
17    described in Section 3 of the Sports Stadium Act, or property
18    described as Site B in Section 2 of the Metropolitan Pier and
19    Exposition Authority  Act,  or  property  that  is  taken  as
20    provided  in  the  Meigs  Field  Airport  Act) to be taken is
21    owned,  leased,  controlled  or  operated  and  used  by,  or
22    necessary for the actual operation of, any interstate  common
23    carrier  or  other public utility subject to the jurisdiction
24    of the Illinois  Commerce  Commission,  a  statement  to  the
25    effect  that  the  approval  of such proposed taking has been
26    secured from such Commission, and attaching to such motion  a
27    certified  copy of the order of such Commission granting such
28    approval. If the schedule or plan of  operation  is  not  set
29    forth  fully  in  the motion, a copy of such schedule or plan
30    shall be attached to the motion.
31    (Source: P.A. 88-486; 88-526; 88-670,  eff.  12-2-94;  89-29,
32    eff.  6-23-95;  89-134,  eff.  7-14-95; 89-343, eff. 8-17-95;
33    89-356, eff.  8-17-95;  89-445,  eff.  2-7-96;  89-460,  eff.
34    5-24-96;  89-494, eff. 6-21-96; 89-502, eff. 6-28-96; 89-504,
HB0473 Engrossed            -33-               LRB9002602NTsb
 1    eff. 6-28-96;  89-592,  eff.  8-1-96;  89-626,  eff.  8-9-96;
 2    89-683, eff. 6-1-97; 89-699, eff. 1-16-97; revised 1-28-97.)
 3        Section  95.   No  acceleration or delay.  Where this Act
 4    makes changes in a statute that is represented in this Act by
 5    text that is not yet or no longer in effect (for  example,  a
 6    Section  represented  by  multiple versions), the use of that
 7    text does not accelerate or delay the taking  effect  of  (i)
 8    the  changes made by this Act or (ii) provisions derived from
 9    any other Public Act.
10        Section 99.  Effective date.  This Act takes effect  upon
11    becoming law.

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