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90_HB0483ham001
HDS90HB483JHa753cm
1 AMENDMENT TO HOUSE BILL 483
2 AMENDMENT NO. . Amend House Bill 483, by changing
3 the title to: "An Act to amend the Code of Civil Procedure";
4 and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Code of Civil Procedure is amended by
8 changing Section 7-103 as follows:
9 (735 ILCS 5/7-103) (from Ch. 110, par. 7-103)
10 (Text of Section before amendment by P.A. 89-683)
11 Sec. 7-103. "Quick-take". This Section applies only to
12 proceedings under this Article:
13 (1) by the State of Illinois, the Illinois Toll
14 Highway Authority or the St. Louis Metropolitan Area
15 Airport Authority for the acquisition of land or
16 interests therein for highway purposes;
17 (2) (blank);
18 (3) by the Department of Commerce and Community
19 Affairs for the purpose specified in the Illinois Coal
20 Development Bond Act;
21 (4) (blank);
22 (5) for the purpose specified in the St. Louis
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1 Metropolitan Area Airport Authority Act;
2 (6) for a period of 24 months after May 24, 1996,
3 by the Southwestern Illinois Development Authority
4 pursuant to the Southwestern Illinois Development
5 Authority Act;
6 (7) for a period of 3 years after December 30,
7 1987, by the Quad Cities Regional Economic Development
8 Authority (except for the acquisition of land or
9 interests therein that is farmland, or upon which is
10 situated a farm dwelling and appurtenant structures, or
11 upon which is situated a residence, or which is wholly
12 within an area that is zoned for residential use)
13 pursuant to the Quad Cities Regional Economic Development
14 Authority Act;
15 (8) by a sanitary district created under the
16 Metropolitan Water Reclamation District Act for the
17 acquisition of land or interests therein for purposes
18 specified in that Act;
19 (9) by a rail carrier within the time limitations
20 and subject to the terms and conditions set forth in
21 Section 18c-7501 of the Illinois Vehicle Code;
22 (10) for a period of 18 months after January 26,
23 1987, for the purpose specified in Division 135 of
24 Article 11 of the Illinois Municipal Code, by a
25 commission created under Section 2 of the Water
26 Commission Act of 1985;
27 (11) by a village containing a population of less
28 than 15,000 for the purpose of acquiring property to be
29 used for a refuse derived fuel system designed to
30 generate steam and electricity, and for industrial
31 development that will utilize such steam and electricity,
32 pursuant to Section 11-19-10 of the Illinois Municipal
33 Code;
34 (12) after receiving the prior approval of the City
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1 Council, by a municipality having a population of more
2 than 500,000 for the purposes set forth in Section
3 11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
4 Illinois Municipal Code, and for the same purposes when
5 established pursuant to home rule powers;
6 (13) by a home rule municipality, after a public
7 hearing held by the corporate authorities or by a
8 committee of the corporate authorities and after approval
9 by a majority of the corporate authorities, within an
10 area designated as an enterprise zone by the municipality
11 under the Illinois Enterprise Zone Act;
12 (14) by the Illinois Sports Facilities Authority
13 for the purpose specified in Section 12 of the Illinois
14 Sports Facilities Authority Act;
15 (15) by a municipality having a population of more
16 than 2,000,000 for the purpose of acquiring the property
17 described in Section 3 of the Sports Stadium Act;
18 (16) for a period of 18 months after July 29, 1986,
19 in any proceeding by the Board of Trustees of the
20 University of Illinois for the acquisition of land in
21 Champaign County or interests therein as a site for a
22 building or for any educational purpose;
23 (17) for a period of 2 years after July 1, 1990, by
24 a home rule municipality and a county board, upon
25 approval of a majority of the corporate authorities of
26 both the county board and the municipality, within an
27 area designated as an enterprise zone by the municipality
28 and the county board through an intergovernmental
29 agreement under the Illinois Enterprise Zone Act, when
30 the purpose of the condemnation proceeding is to acquire
31 land for the construction of an industrial harbor port,
32 and when the total amount of land to be acquired for that
33 purpose is less than 75 acres and is adjacent to the
34 Illinois River;
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1 (18) by an airport authority located solely within
2 the boundaries of Madison County, Illinois, and which is
3 organized pursuant to the provisions of the Airport
4 Authorities Act, (i) for the acquisition of 160 acres, or
5 less, of land or interests therein for the purposes
6 specified in that Act which may be necessary to extend,
7 mark, and light runway 11/29 for a distance of 1600 feet
8 in length by 100 feet in width with parallel taxiway, to
9 relocate and mark County Highway 19, Madison County,
10 known as Moreland Road, to relocate the instrument
11 landing system including the approach lighting system and
12 to construct associated drainage, fencing and seeding
13 required for the foregoing project and (ii) for a period
14 of 6 months after December 28, 1989, for the acquisition
15 of 75 acres, or less, of land or interests therein for
16 the purposes specified in that Act which may be necessary
17 to extend, mark and light the south end of runway 17/35
18 at such airport;
19 (19) by any unit of local government for a
20 permanent easement for the purpose of maintaining,
21 dredging or cleaning the Little Calumet River;
22 (20) by any unit of local government for a
23 permanent easement for the purpose of maintaining,
24 dredging or cleaning the Salt Creek in DuPage County;
25 (21) by St. Clair County, Illinois, for the
26 development of a joint use facility at Scott Air Force
27 Base;
28 (22) by the Village of Summit, Illinois, to acquire
29 land for a waste to energy plant;
30 (23) for a period of 15 months after September 7,
31 1990, by the Department of Transportation or by any unit
32 of local government under the terms of an
33 intergovernmental cooperation agreement between the
34 Department of Transportation and the unit of local
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1 government for the purpose of developing aviation
2 facilities in and around Chanute Air Force Base in
3 Champaign County, Illinois;
4 (24) for a period of 1 year after December 12,
5 1990, by the City of Morris for the development of the
6 Morris Municipal Airport;
7 (25) for a period of 1 year after June 19, 1991, by
8 the Greater Rockford Airport Authority for airport
9 expansion purposes;
10 (26) for a period of 24 months after June 30, 1991,
11 by the City of Aurora for completion of an instrument
12 landing system and construction of an east-west runway at
13 the Aurora Municipal Airport;
14 (27) for the acquisition by the Metropolitan Pier
15 and Exposition Authority of property described in
16 subsection (f) of Section 5 of the Metropolitan Pier and
17 Exposition Authority Act for the purposes of providing
18 additional grounds, buildings, and facilities related to
19 the purposes of the Metropolitan Pier and Exposition
20 Authority;
21 (28) for a period of 24 months after March 1, 1992,
22 by the Village of Wheeling and the City of Prospect
23 Heights, owners of the Palwaukee Municipal Airport, to
24 allow for the acquisition of right of way to complete the
25 realignment of Hintz Road and Wolf Road;
26 (29) for a period of one year from the effective
27 date of this amendatory Act of 1992, by the
28 Bloomington-Normal Airport Authority for airport
29 expansion purposes;
30 (30) for a period of 24 months after September 10,
31 1993, by the Cook County Highway Department and Lake
32 County Department of Transportation to allow for the
33 acquisition of necessary right-of-way for construction of
34 underpasses for Lake-Cook Road at the Chicago
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1 Northwestern Railroad crossing, west of Skokie Boulevard,
2 and the Chicago, Milwaukee, St. Paul and Pacific Railroad
3 crossing, west of Waukegan Road;
4 (31) for a period of one year after December 23,
5 1993, by the City of Arcola and the City of Tuscola for
6 the development of the Arcola/Tuscola Water Transmission
7 Pipeline Project pursuant to the intergovernmental
8 agreement between the City of Arcola and the City of
9 Tuscola;
10 (32) for a period of 24 months from December 23,
11 1993, by the Village of Bensenville for the acquisition
12 of property bounded by Illinois Route 83 to the west and
13 O'Hare International Airport to the east to complete a
14 flood control project known as the Bensenville Ditch;
15 (33) for a period of 9 months after November 1,
16 1993, by the Medical Center Commission for the purpose of
17 acquiring a site for the Illinois State Police Forensic
18 Science Laboratory at Chicago, on the block bounded by
19 Roosevelt Road on the north, Wolcott Street on the east,
20 Washburn Street on the south, and Damen Avenue on the
21 west in Chicago, Illinois;
22 (34) for a period of 36 months after July 14, 1995,
23 by White County for the acquisition of a 3 1/2 mile
24 section of Bellaire Road, which is described as follows:
25 Commencing at the Northwest Corner of the Southeast 1/4
26 of Section 28, Township 6 South, Range 10 East of the 3rd
27 Principal Meridian; thence South to a point at the
28 Southwest Corner of the Southeast 1/4 of Section 9,
29 Township 7 South, Range 10 East of the 3rd Principal
30 Meridian;
31 (35) for a period of one year after July 14, 1995,
32 by the City of Aurora for permanent and temporary
33 easements except over land adjacent to Indian Creek and
34 west of Selmarten Creek located within the City of Aurora
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1 for the construction of Phase II of the Indian Creek
2 Flood Control Project;
3 (35.1) for a period beginning June 24, 1995 (the
4 day following the effective date of Public Act 89-29) and
5 ending on July 13, 1995 (the day preceding the effective
6 date of Public Act 89-134), by the City of Aurora for
7 permanent and temporary easements for the construction of
8 Phase II of the Indian Creek Flood Control Project;
9 (36) for a period of 3 years from July 14, 1995, by
10 the Grand Avenue Railroad Relocation Authority for the
11 Grand Avenue Railroad Grade Separation Project within the
12 Village of Franklin Park, Illinois;
13 (37) for a period of 3 years after July 14, 1995,
14 by the Village of Romeoville for the acquisition of
15 rights-of-way for the 135th Street Bridge Project, lying
16 within the South 1/2 of Section 34, Township 37 North,
17 Range 10 East and the South 1/2 of Section 35, Township
18 37 North, Range 10 East of the Third Principal Meridian,
19 and the North 1/2 of Section 2, Township 36 North, Range
20 10 East and the North 1/2 of Section 3, Township 36
21 North, Range 10 East of the 3rd Principal Meridian, in
22 Will County, Illinois;
23 (37.1) for a period of 3 years after June 23, 1995,
24 by the Illinois Department of Transportation for the
25 acquisition of rights-of-way for the 135th Street Bridge
26 Project between the Des Plaines River and New Avenue
27 lying within the South 1/2 of Section 35, Township 37
28 North, Range 10 East of the Third Principal Meridian and
29 the North 1/2 of Section 2, Township 36 North, Range 10
30 East of the 3rd Principal Meridian, in Will County,
31 Illinois;
32 (38) for a period beginning June 24, 1995 (the day
33 after the effective date of Public Act 89-29) and ending
34 18 months after July 14, 1995 (the effective date of
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1 Public Act 89-134), by the Anna-Jonesboro Water
2 Commission for the acquisition of land and easements for
3 improvements to its water treatment and storage
4 facilities and water transmission pipes;
5 (39) for a period of 36 months after July 14, 1995,
6 by the City of Effingham for the acquisition of property
7 which is described as follows:
8 Tract 1:
9 Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
10 THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
11 thereof recorded in Book "K", Page 769, in the Recorder's
12 Office of Effingham County), situated in the City of
13 Effingham, County of Effingham and State of Illinois.
14 Tract 2:
15 The alley lying South and adjoining Tract 1, as
16 vacated by Ordinance recorded on July 28, 1937 in Book
17 183, Page 465, and all right, title and interest in and
18 to said alley as established by the Contract for Easement
19 recorded on August 4, 1937 in Book 183, Page 472;
20 (40) for a period of one year after July 14, 1995,
21 by the Village of Palatine for the acquisition of
22 property located along the south side of Dundee Road
23 between Rand Road and Hicks Road for redevelopment
24 purposes;
25 (41) for a period of 6 years after July 1, 1995,
26 for the acquisition by the Medical Center District of
27 property described in Section 3 of the Illinois Medical
28 District Act within the District Development Area as
29 described in Section 4 of that Act for the purposes set
30 forth in that Act;
31 (41.5) for a period of 24 months after June 21,
32 1996 by the City of Effingham, Illinois for acquisition
33 of property for the South Raney Street Improvement
34 Project Phase I;
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1 (42) for a period of 3 years after June 21, 1996,
2 by the Village of Deerfield for the acquisition of
3 territory within the Deerfield Village Center, as
4 designated as of that date by the Deerfield Comprehensive
5 Plan, with the exception of that area north of Jewett
6 Park Drive (extended) between Waukegan Road and the
7 Milwaukee Railroad Tracks, for redevelopment purposes;
8 (43) for a period of 12 months after June 21, 1996,
9 by the City of Harvard for the acquisition of property
10 lying west of Harvard Hills Road of sufficient size to
11 widen the Harvard Hills Road right of way and to install
12 and maintain city utility services not more than 200 feet
13 west of the center line of Harvard Hills Road;
14 (44) for a period of 5 years after June 21, 1996,
15 by the Village of River Forest, Illinois, within the area
16 designated as a tax increment financing district when the
17 purpose of the condemnation proceeding is to acquire land
18 for any of the purposes contained in the River Forest Tax
19 Increment Financing Plan or authorized by the Tax
20 Increment Allocation Redevelopment Act, provided that
21 condemnation of any property zoned and used exclusively
22 for residential purposes shall be prohibited;
23 (45) for a period of 18 months after June 28, 1996,
24 by the Village of Schaumburg for the acquisition of land,
25 easements, and aviation easements for the purpose of a
26 public airport in Cook and DuPage Counties; provided that
27 if any proceedings under the provisions of this Article
28 are pending on that date, "quick-take" may be utilized by
29 the Village of Schaumburg;
30 (46) for a period of one year after June 28, 1996,
31 by the City of Pinckneyville for the acquisition of land
32 and easements to provide for improvements to its water
33 treatment and storage facilities and water transmission
34 pipes, and for the construction of a sewerage treatment
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1 facility and sewerage transmission pipes to serve the
2 Illinois Department of Corrections Pinckneyville
3 Correctional Facility;
4 (47) for a period of 6 months after June 28, 1996,
5 by the City of Streator for the acquisition of property
6 described as follows for a first flush basin sanitary
7 sewer system:
8 Tract 5: That part of lots 20 and 21 in Block
9 6 in Moore and Plumb's addition to the city of
10 Streator, Illinois, lying south of the right of way
11 of the switch track of the Norfolk and Western
12 Railroad (now abandoned) in the county of LaSalle,
13 state of Illinois.
14 Tract 6: That part of lots 30, 31 and 32 in
15 Block 7 in Moore and Plumb's Addition to the city of
16 Streator, Illinois, lying north of the centerline of
17 Coal Run Creek and south of the right of way of the
18 switch track of the Norfolk and Western Railroad
19 (now abandoned) in the county of LaSalle, state of
20 Illinois;
21 (48) for a period of 36 months after January 16,
22 1997 the effective date of this amendatory Act of 1996,
23 by the Bi-State Development Agency of the
24 Missouri-Illinois Metropolitan District for the
25 acquisition of rights of way and related property
26 necessary for the construction and operation of the
27 MetroLink Light Rail System, beginning in East St. Louis,
28 Illinois, and terminating at Mid America Airport, St.
29 Clair County, Illinois;
30 (49) for a period of 2 years after January 16, 1997
31 the effective date of this amendatory Act of 1996, by the
32 Village of Schaumburg for the acquisition of
33 rights-of-way, permanent easements, and temporary
34 easements for the purpose of improving the Roselle
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1 Road/Illinois Route 58/Illinois Route 72 corridor,
2 including rights-of-way along Roselle Road, Remington
3 Road, Valley Lake Drive, State Parkway, Commerce Drive,
4 Kristin Circle, and Hillcrest Boulevard, a permanent
5 easement along Roselle Road, and temporary easements
6 along Roselle Road, State Parkway, Valley Lake Drive,
7 Commerce Drive, Kristin Circle, and Hillcrest Boulevard,
8 in Cook County.
9 In a proceeding subject to this Section, the plaintiff,
10 at any time after the complaint has been filed and before
11 judgment is entered in the proceeding, may file a written
12 motion requesting that, immediately or at some specified
13 later date, the plaintiff either be vested with the fee
14 simple title (or such lesser estate, interest or easement, as
15 may be required) to the real property, or specified portion
16 thereof, which is the subject of the proceeding, and be
17 authorized to take possession of and use such property; or
18 only be authorized to take possession of and to use such
19 property, if such possession and use, without the vesting of
20 title, are sufficient to permit the plaintiff to proceed with
21 the project until the final ascertainment of compensation;
22 however, no land or interests therein now or hereafter owned,
23 leased, controlled or operated and used by, or necessary for
24 the actual operation of, any common carrier engaged in
25 interstate commerce, or any other public utility subject to
26 the jurisdiction of the Illinois Commerce Commission, shall
27 be taken or appropriated hereunder by the State of Illinois,
28 the Illinois Toll Highway Authority, the sanitary district,
29 the St. Louis Metropolitan Area Airport Authority or the
30 Board of Trustees of the University of Illinois without first
31 securing the approval of such Commission.
32 Except as hereinafter stated, the motion for taking shall
33 state: (1) an accurate description of the property to which
34 the motion relates and the estate or interest sought to be
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1 acquired therein; (2) the formally adopted schedule or plan
2 of operation for the execution of the plaintiff's project;
3 (3) the situation of the property to which the motion
4 relates, with respect to the schedule or plan; (4) the
5 necessity for taking such property in the manner requested in
6 the motion; and (5) if the property (except property
7 described in Section 3 of the Sports Stadium Act or property
8 described as Site B in Section 2 of the Metropolitan Pier and
9 Exposition Authority Act) to be taken is owned, leased,
10 controlled or operated and used by, or necessary for the
11 actual operation of, any interstate common carrier or other
12 public utility subject to the jurisdiction of the Illinois
13 Commerce Commission, a statement to the effect that the
14 approval of such proposed taking has been secured from such
15 Commission, and attaching to such motion a certified copy of
16 the order of such Commission granting such approval. If the
17 schedule or plan of operation is not set forth fully in the
18 motion, a copy of such schedule or plan shall be attached to
19 the motion.
20 (Source: P.A. 88-486; 88-526; 88-670, eff. 12-2-94; 89-29,
21 eff. 6-23-95; 89-134, eff. 7-14-95; 89-343, eff. 8-17-95;
22 89-356, eff. 8-17-95; 89-445, eff. 2-7-96; 89-460, eff.
23 5-24-96; 89-494, eff. 6-21-96; 89-502, eff. 6-28-96; 89-504,
24 eff. 6-28-96; 89-592, eff. 8-1-96; 89-626, eff. 8-9-96;
25 89-699, eff. 1-16-97.)
26 (Text of Section after amendment by P.A. 89-683)
27 Sec. 7-103. "Quick-take". This Section applies only to
28 proceedings under this Article:
29 (1) by the State of Illinois, the Illinois Toll
30 Highway Authority or the St. Louis Metropolitan Area
31 Airport Authority for the acquisition of land or
32 interests therein for highway purposes;
33 (2) (blank);
34 (3) by the Department of Commerce and Community
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1 Affairs for the purpose specified in the Illinois Coal
2 Development Bond Act;
3 (4) (blank);
4 (5) for the purpose specified in the St. Louis
5 Metropolitan Area Airport Authority Act;
6 (6) for a period of 24 months after May 24, 1996,
7 by the Southwestern Illinois Development Authority under
8 pursuant to the Southwestern Illinois Development
9 Authority Act;
10 (7) for a period of 3 years after December 30,
11 1987, by the Quad Cities Regional Economic Development
12 Authority (except for the acquisition of land or
13 interests therein that is farmland, or upon which is
14 situated a farm dwelling and appurtenant structures, or
15 upon which is situated a residence, or which is wholly
16 within an area that is zoned for residential use)
17 pursuant to the Quad Cities Regional Economic Development
18 Authority Act;
19 (8) by a sanitary district created under the
20 Metropolitan Water Reclamation District Act for the
21 acquisition of land or interests therein for purposes
22 specified in that Act;
23 (9) by a rail carrier within the time limitations
24 and subject to the terms and conditions set forth in
25 Section 18c-7501 of the Illinois Vehicle Code;
26 (10) for a period of 18 months after January 26,
27 1987, for the purpose specified in Division 135 of
28 Article 11 of the Illinois Municipal Code, by a
29 commission created under Section 2 of the Water
30 Commission Act of 1985;
31 (11) by a village containing a population of less
32 than 15,000 for the purpose of acquiring property to be
33 used for a refuse derived fuel system designed to
34 generate steam and electricity, and for industrial
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1 development that will utilize such steam and electricity,
2 pursuant to Section 11-19-10 of the Illinois Municipal
3 Code;
4 (12) after receiving the prior approval of the City
5 Council, by a municipality having a population of more
6 than 500,000 for the purposes set forth in Section
7 11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
8 Illinois Municipal Code, and for the same purposes when
9 established pursuant to home rule powers;
10 (13) by a home rule municipality, after a public
11 hearing held by the corporate authorities or by a
12 committee of the corporate authorities and after approval
13 by a majority of the corporate authorities, within an
14 area designated as an enterprise zone by the municipality
15 under the Illinois Enterprise Zone Act;
16 (14) by the Illinois Sports Facilities Authority
17 for the purpose specified in Section 12 of the Illinois
18 Sports Facilities Authority Act;
19 (15) by a municipality having a population of more
20 than 2,000,000 for the purpose of acquiring the property
21 described in Section 3 of the Sports Stadium Act;
22 (16) for a period of 18 months after July 29, 1986,
23 in any proceeding by the Board of Trustees of the
24 University of Illinois for the acquisition of land in
25 Champaign County or interests therein as a site for a
26 building or for any educational purpose;
27 (17) for a period of 2 years after July 1, 1990, by
28 a home rule municipality and a county board, upon
29 approval of a majority of the corporate authorities of
30 both the county board and the municipality, within an
31 area designated as an enterprise zone by the municipality
32 and the county board through an intergovernmental
33 agreement under the Illinois Enterprise Zone Act, when
34 the purpose of the condemnation proceeding is to acquire
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1 land for the construction of an industrial harbor port,
2 and when the total amount of land to be acquired for that
3 purpose is less than 75 acres and is adjacent to the
4 Illinois River;
5 (18) by an airport authority located solely within
6 the boundaries of Madison County, Illinois, and which is
7 organized pursuant to the provisions of the Airport
8 Authorities Act, (i) for the acquisition of 160 acres, or
9 less, of land or interests therein for the purposes
10 specified in that Act which may be necessary to extend,
11 mark, and light runway 11/29 for a distance of 1600 feet
12 in length by 100 feet in width with parallel taxiway, to
13 relocate and mark County Highway 19, Madison County,
14 known as Moreland Road, to relocate the instrument
15 landing system including the approach lighting system and
16 to construct associated drainage, fencing and seeding
17 required for the foregoing project and (ii) for a period
18 of 6 months after December 28, 1989, for the acquisition
19 of 75 acres, or less, of land or interests therein for
20 the purposes specified in that Act which may be necessary
21 to extend, mark and light the south end of runway 17/35
22 at such airport;
23 (19) by any unit of local government for a
24 permanent easement for the purpose of maintaining,
25 dredging or cleaning the Little Calumet River;
26 (20) by any unit of local government for a
27 permanent easement for the purpose of maintaining,
28 dredging or cleaning the Salt Creek in DuPage County;
29 (21) by St. Clair County, Illinois, for the
30 development of a joint use facility at Scott Air Force
31 Base;
32 (22) by the Village of Summit, Illinois, to acquire
33 land for a waste to energy plant;
34 (23) for a period of 15 months after September 7,
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1 1990, by the Department of Transportation or by any unit
2 of local government under the terms of an
3 intergovernmental cooperation agreement between the
4 Department of Transportation and the unit of local
5 government for the purpose of developing aviation
6 facilities in and around Chanute Air Force Base in
7 Champaign County, Illinois;
8 (24) for a period of 1 year after December 12,
9 1990, by the City of Morris for the development of the
10 Morris Municipal Airport;
11 (25) for a period of 1 year after June 19, 1991, by
12 the Greater Rockford Airport Authority for airport
13 expansion purposes;
14 (26) for a period of 24 months after June 30, 1991,
15 by the City of Aurora for completion of an instrument
16 landing system and construction of an east-west runway at
17 the Aurora Municipal Airport;
18 (27) for the acquisition by the Metropolitan Pier
19 and Exposition Authority of property described in
20 subsection (f) of Section 5 of the Metropolitan Pier and
21 Exposition Authority Act for the purposes of providing
22 additional grounds, buildings, and facilities related to
23 the purposes of the Metropolitan Pier and Exposition
24 Authority;
25 (28) for a period of 24 months after March 1, 1992,
26 by the Village of Wheeling and the City of Prospect
27 Heights, owners of the Palwaukee Municipal Airport, to
28 allow for the acquisition of right of way to complete the
29 realignment of Hintz Road and Wolf Road;
30 (29) for a period of one year from the effective
31 date of this amendatory Act of 1992, by the
32 Bloomington-Normal Airport Authority for airport
33 expansion purposes;
34 (30) for a period of 24 months after September 10,
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1 1993, by the Cook County Highway Department and Lake
2 County Department of Transportation to allow for the
3 acquisition of necessary right-of-way for construction of
4 underpasses for Lake-Cook Road at the Chicago
5 Northwestern Railroad crossing, west of Skokie Boulevard,
6 and the Chicago, Milwaukee, St. Paul and Pacific Railroad
7 crossing, west of Waukegan Road;
8 (31) for a period of one year after December 23,
9 1993, by the City of Arcola and the City of Tuscola for
10 the development of the Arcola/Tuscola Water Transmission
11 Pipeline Project pursuant to the intergovernmental
12 agreement between the City of Arcola and the City of
13 Tuscola;
14 (32) for a period of 24 months from December 23,
15 1993, by the Village of Bensenville for the acquisition
16 of property bounded by Illinois Route 83 to the west and
17 O'Hare International Airport to the east to complete a
18 flood control project known as the Bensenville Ditch;
19 (33) for a period of 9 months after November 1,
20 1993, by the Medical Center Commission for the purpose of
21 acquiring a site for the Illinois State Police Forensic
22 Science Laboratory at Chicago, on the block bounded by
23 Roosevelt Road on the north, Wolcott Street on the east,
24 Washburn Street on the south, and Damen Avenue on the
25 west in Chicago, Illinois;
26 (34) for a period of 36 months after July 14, 1995,
27 by White County for the acquisition of a 3 1/2 mile
28 section of Bellaire Road, which is described as follows:
29 Commencing at the Northwest Corner of the Southeast 1/4
30 of Section 28, Township 6 South, Range 10 East of the 3rd
31 Principal Meridian; thence South to a point at the
32 Southwest Corner of the Southeast 1/4 of Section 9,
33 Township 7 South, Range 10 East of the 3rd Principal
34 Meridian;
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1 (35) for a period of one year after July 14, 1995,
2 by the City of Aurora for permanent and temporary
3 easements except over land adjacent to Indian Creek and
4 west of Selmarten Creek located within the City of Aurora
5 for the construction of Phase II of the Indian Creek
6 Flood Control Project;
7 (35.1) for a period beginning June 24, 1995 (the
8 day following the effective date of Public Act 89-29) and
9 ending on July 13, 1995 (the day preceding the effective
10 date of Public Act 89-134), by the City of Aurora for
11 permanent and temporary easements for the construction of
12 Phase II of the Indian Creek Flood Control Project;
13 (36) for a period of 3 years from July 14, 1995, by
14 the Grand Avenue Railroad Relocation Authority for the
15 Grand Avenue Railroad Grade Separation Project within the
16 Village of Franklin Park, Illinois;
17 (37) for a period of 3 years after July 14, 1995,
18 by the Village of Romeoville for the acquisition of
19 rights-of-way for the 135th Street Bridge Project, lying
20 within the South 1/2 of Section 34, Township 37 North,
21 Range 10 East and the South 1/2 of Section 35, Township
22 37 North, Range 10 East of the Third Principal Meridian,
23 and the North 1/2 of Section 2, Township 36 North, Range
24 10 East and the North 1/2 of Section 3, Township 36
25 North, Range 10 East of the 3rd Principal Meridian, in
26 Will County, Illinois;
27 (37.1) for a period of 3 years after June 23, 1995,
28 by the Illinois Department of Transportation for the
29 acquisition of rights-of-way for the 135th Street Bridge
30 Project between the Des Plaines River and New Avenue
31 lying within the South 1/2 of Section 35, Township 37
32 North, Range 10 East of the Third Principal Meridian and
33 the North 1/2 of Section 2, Township 36 North, Range 10
34 East of the 3rd Principal Meridian, in Will County,
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1 Illinois;
2 (38) for a period beginning June 24, 1995 (the day
3 after the effective date of Public Act 89-29) and ending
4 18 months after July 14, 1995 (the effective date of
5 Public Act 89-134), by the Anna-Jonesboro Water
6 Commission for the acquisition of land and easements for
7 improvements to its water treatment and storage
8 facilities and water transmission pipes;
9 (39) for a period of 36 months after July 14, 1995,
10 by the City of Effingham for the acquisition of property
11 which is described as follows:
12 Tract 1:
13 Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
14 THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
15 thereof recorded in Book "K", Page 769, in the Recorder's
16 Office of Effingham County), situated in the City of
17 Effingham, County of Effingham and State of Illinois.
18 Tract 2:
19 The alley lying South and adjoining Tract 1, as
20 vacated by Ordinance recorded on July 28, 1937 in Book
21 183, Page 465, and all right, title and interest in and
22 to said alley as established by the Contract for Easement
23 recorded on August 4, 1937 in Book 183, Page 472;
24 (40) for a period of one year after July 14, 1995,
25 by the Village of Palatine for the acquisition of
26 property located along the south side of Dundee Road
27 between Rand Road and Hicks Road for redevelopment
28 purposes;
29 (41) for a period of 6 years after July 1, 1995,
30 for the acquisition by the Medical Center District of
31 property described in Section 3 of the Illinois Medical
32 District Act within the District Development Area as
33 described in Section 4 of that Act for the purposes set
34 forth in that Act;
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1 (41.5) for a period of 24 months after June 21,
2 1996 by the City of Effingham, Illinois for acquisition
3 of property for the South Raney Street Improvement
4 Project Phase I;
5 (42) for a period of 3 years after June 21, 1996,
6 by the Village of Deerfield for the acquisition of
7 territory within the Deerfield Village Center, as
8 designated as of that date by the Deerfield Comprehensive
9 Plan, with the exception of that area north of Jewett
10 Park Drive (extended) between Waukegan Road and the
11 Milwaukee Railroad Tracks, for redevelopment purposes;
12 (43) for a period of 12 months after June 21, 1996,
13 by the City of Harvard for the acquisition of property
14 lying west of Harvard Hills Road of sufficient size to
15 widen the Harvard Hills Road right of way and to install
16 and maintain city utility services not more than 200 feet
17 west of the center line of Harvard Hills Road;
18 (44) for a period of 5 years after June 21, 1996,
19 by the Village of River Forest, Illinois, within the area
20 designated as a tax increment financing district when the
21 purpose of the condemnation proceeding is to acquire land
22 for any of the purposes contained in the River Forest Tax
23 Increment Financing Plan or authorized by the Tax
24 Increment Allocation Redevelopment Act, provided that
25 condemnation of any property zoned and used exclusively
26 for residential purposes shall be prohibited;
27 (45) for a period of 18 months after June 28, 1996,
28 by the Village of Schaumburg for the acquisition of land,
29 easements, and aviation easements for the purpose of a
30 public airport in Cook and DuPage Counties; provided that
31 if any proceedings under the provisions of this Article
32 are pending on that date, "quick-take" may be utilized by
33 the Village of Schaumburg;
34 (46) for a period of one year after June 28, 1996,
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1 by the City of Pinckneyville for the acquisition of land
2 and easements to provide for improvements to its water
3 treatment and storage facilities and water transmission
4 pipes, and for the construction of a sewerage treatment
5 facility and sewerage transmission pipes to serve the
6 Illinois Department of Corrections Pinckneyville
7 Correctional Facility;
8 (47) for a period of 6 months after June 28, 1996,
9 by the City of Streator for the acquisition of property
10 described as follows for a first flush basin sanitary
11 sewer system:
12 Tract 5: That part of lots 20 and 21 in Block
13 6 in Moore and Plumb's addition to the city of
14 Streator, Illinois, lying south of the right of way
15 of the switch track of the Norfolk and Western
16 Railroad (now abandoned) in the county of LaSalle,
17 state of Illinois.
18 Tract 6: That part of lots 30, 31 and 32 in
19 Block 7 in Moore and Plumb's Addition to the city of
20 Streator, Illinois, lying north of the centerline of
21 Coal Run Creek and south of the right of way of the
22 switch track of the Norfolk and Western Railroad
23 (now abandoned) in the county of LaSalle, state of
24 Illinois;
25 (48) for a period of 36 months after January 16,
26 1997 the effective date of this amendatory Act of 1996,
27 by the Bi-State Development Agency of the
28 Missouri-Illinois Metropolitan District for the
29 acquisition of rights of way and related property
30 necessary for the construction and operation of the
31 MetroLink Light Rail System, beginning in East St. Louis,
32 Illinois, and terminating at Mid America Airport, St.
33 Clair County, Illinois;
34 (49) for a period of 2 years after January 16, 1997
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1 the effective date of this amendatory Act of 1996, by the
2 Village of Schaumburg for the acquisition of
3 rights-of-way, permanent easements, and temporary
4 easements for the purpose of improving the Roselle
5 Road/Illinois Route 58/Illinois Route 72 corridor,
6 including rights-of-way along Roselle Road, Remington
7 Road, Valley Lake Drive, State Parkway, Commerce Drive,
8 Kristin Circle, and Hillcrest Boulevard, a permanent
9 easement along Roselle Road, and temporary easements
10 along Roselle Road, State Parkway, Valley Lake Drive,
11 Commerce Drive, Kristin Circle, and Hillcrest Boulevard,
12 in Cook County;.
13 (50) (48) by the Department of Transportation for
14 purposes of acquiring private property as specified in
15 the Meigs Field Airport Act.
16 In a proceeding subject to this Section, the plaintiff,
17 at any time after the complaint has been filed and before
18 judgment is entered in the proceeding, may file a written
19 motion requesting that, immediately or at some specified
20 later date, the plaintiff either be vested with the fee
21 simple title (or such lesser estate, interest or easement, as
22 may be required) to the real property, or specified portion
23 thereof, which is the subject of the proceeding, and be
24 authorized to take possession of and use such property; or
25 only be authorized to take possession of and to use such
26 property, if such possession and use, without the vesting of
27 title, are sufficient to permit the plaintiff to proceed with
28 the project until the final ascertainment of compensation;
29 however, no land or interests therein now or hereafter owned,
30 leased, controlled or operated and used by, or necessary for
31 the actual operation of, any common carrier engaged in
32 interstate commerce, or any other public utility subject to
33 the jurisdiction of the Illinois Commerce Commission, shall
34 be taken or appropriated hereunder by the State of Illinois,
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1 the Illinois Toll Highway Authority, the sanitary district,
2 the St. Louis Metropolitan Area Airport Authority or the
3 Board of Trustees of the University of Illinois without first
4 securing the approval of such Commission.
5 Except as hereinafter stated, the motion for taking shall
6 state: (1) an accurate description of the property to which
7 the motion relates and the estate or interest sought to be
8 acquired therein; (2) the formally adopted schedule or plan
9 of operation for the execution of the plaintiff's project;
10 (3) the situation of the property to which the motion
11 relates, with respect to the schedule or plan; (4) the
12 necessity for taking such property in the manner requested in
13 the motion; and (5) if the property (except property
14 described in Section 3 of the Sports Stadium Act, or property
15 described as Site B in Section 2 of the Metropolitan Pier and
16 Exposition Authority Act, or property that is taken as
17 provided in the Meigs Field Airport Act) to be taken is
18 owned, leased, controlled or operated and used by, or
19 necessary for the actual operation of, any interstate common
20 carrier or other public utility subject to the jurisdiction
21 of the Illinois Commerce Commission, a statement to the
22 effect that the approval of such proposed taking has been
23 secured from such Commission, and attaching to such motion a
24 certified copy of the order of such Commission granting such
25 approval. If the schedule or plan of operation is not set
26 forth fully in the motion, a copy of such schedule or plan
27 shall be attached to the motion.
28 (Source: P.A. 88-486; 88-526; 88-670, eff. 12-2-94; 89-29,
29 eff. 6-23-95; 89-134, eff. 7-14-95; 89-343, eff. 8-17-95;
30 89-356, eff. 8-17-95; 89-445, eff. 2-7-96; 89-460, eff.
31 5-24-96; 89-494, eff. 6-21-96; 89-502, eff. 6-28-96; 89-504,
32 eff. 6-28-96; 89-592, eff. 8-1-96; 89-626, eff. 8-9-96;
33 89-683, eff. 6-1-97; 89-699, eff. 1-16-97; revised 1-28-97.)
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1 Section 95. No acceleration or delay. Where this Act
2 makes changes in a statute that is represented in this Act by
3 text that is not yet or no longer in effect (for example, a
4 Section represented by multiple versions), the use of that
5 text does not accelerate or delay the taking effect of (i)
6 the changes made by this Act or (ii) provisions derived from
7 any other Public Act.".