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90_HB1606ham001
LRB9001600PTcwam
1 AMENDMENT TO HOUSE BILL 1606
2 AMENDMENT NO. . Amend House Bill 1606 by replacing
3 the title with the following:
4 "AN ACT to amend the Code of Civil Procedure by changing
5 Section 7-103."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Code of Civil Procedure is amended by
9 changing Section 7-103 as follows:
10 (735 ILCS 5/7-103) (from Ch. 110, par. 7-103)
11 (Text of Section before amendment by P.A. 89-683)
12 Sec. 7-103. "Quick-take". This Section applies only to
13 proceedings under this Article:
14 (1) by the State of Illinois, the Illinois Toll
15 Highway Authority or the St. Louis Metropolitan Area
16 Airport Authority for the acquisition of land or
17 interests therein for highway purposes;
18 (2) (blank);
19 (3) by the Department of Commerce and Community
20 Affairs for the purpose specified in the Illinois Coal
21 Development Bond Act;
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1 (4) (blank);
2 (5) for the purpose specified in the St. Louis
3 Metropolitan Area Airport Authority Act;
4 (6) for a period of 24 months after May 24, 1996,
5 by the Southwestern Illinois Development Authority
6 pursuant to the Southwestern Illinois Development
7 Authority Act;
8 (7) for a period of 3 years after December 30,
9 1987, by the Quad Cities Regional Economic Development
10 Authority (except for the acquisition of land or
11 interests therein that is farmland, or upon which is
12 situated a farm dwelling and appurtenant structures, or
13 upon which is situated a residence, or which is wholly
14 within an area that is zoned for residential use)
15 pursuant to the Quad Cities Regional Economic Development
16 Authority Act;
17 (8) by a sanitary district created under the
18 Metropolitan Water Reclamation District Act for the
19 acquisition of land or interests therein for purposes
20 specified in that Act;
21 (9) by a rail carrier within the time limitations
22 and subject to the terms and conditions set forth in
23 Section 18c-7501 of the Illinois Vehicle Code;
24 (10) for a period of 18 months after January 26,
25 1987, for the purpose specified in Division 135 of
26 Article 11 of the Illinois Municipal Code, by a
27 commission created under Section 2 of the Water
28 Commission Act of 1985;
29 (11) by a village containing a population of less
30 than 15,000 for the purpose of acquiring property to be
31 used for a refuse derived fuel system designed to
32 generate steam and electricity, and for industrial
33 development that will utilize such steam and electricity,
34 pursuant to Section 11-19-10 of the Illinois Municipal
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1 Code;
2 (12) after receiving the prior approval of the City
3 Council, by a municipality having a population of more
4 than 500,000 for the purposes set forth in Section
5 11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
6 Illinois Municipal Code, and for the same purposes when
7 established pursuant to home rule powers;
8 (13) by a home rule municipality, after a public
9 hearing held by the corporate authorities or by a
10 committee of the corporate authorities and after approval
11 by a majority of the corporate authorities, within an
12 area designated as an enterprise zone by the municipality
13 under the Illinois Enterprise Zone Act;
14 (14) by the Illinois Sports Facilities Authority
15 for the purpose specified in Section 12 of the Illinois
16 Sports Facilities Authority Act;
17 (15) by a municipality having a population of more
18 than 2,000,000 for the purpose of acquiring the property
19 described in Section 3 of the Sports Stadium Act;
20 (16) for a period of 18 months after July 29, 1986,
21 in any proceeding by the Board of Trustees of the
22 University of Illinois for the acquisition of land in
23 Champaign County or interests therein as a site for a
24 building or for any educational purpose;
25 (17) for a period of 2 years after July 1, 1990, by
26 a home rule municipality and a county board, upon
27 approval of a majority of the corporate authorities of
28 both the county board and the municipality, within an
29 area designated as an enterprise zone by the municipality
30 and the county board through an intergovernmental
31 agreement under the Illinois Enterprise Zone Act, when
32 the purpose of the condemnation proceeding is to acquire
33 land for the construction of an industrial harbor port,
34 and when the total amount of land to be acquired for that
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1 purpose is less than 75 acres and is adjacent to the
2 Illinois River;
3 (18) by an airport authority located solely within
4 the boundaries of Madison County, Illinois, and which is
5 organized pursuant to the provisions of the Airport
6 Authorities Act, (i) for the acquisition of 160 acres, or
7 less, of land or interests therein for the purposes
8 specified in that Act which may be necessary to extend,
9 mark, and light runway 11/29 for a distance of 1600 feet
10 in length by 100 feet in width with parallel taxiway, to
11 relocate and mark County Highway 19, Madison County,
12 known as Moreland Road, to relocate the instrument
13 landing system including the approach lighting system and
14 to construct associated drainage, fencing and seeding
15 required for the foregoing project and (ii) for a period
16 of 6 months after December 28, 1989, for the acquisition
17 of 75 acres, or less, of land or interests therein for
18 the purposes specified in that Act which may be necessary
19 to extend, mark and light the south end of runway 17/35
20 at such airport;
21 (19) by any unit of local government for a
22 permanent easement for the purpose of maintaining,
23 dredging or cleaning the Little Calumet River;
24 (20) by any unit of local government for a
25 permanent easement for the purpose of maintaining,
26 dredging or cleaning the Salt Creek in DuPage County;
27 (21) by St. Clair County, Illinois, for the
28 development of a joint use facility at Scott Air Force
29 Base;
30 (22) by the Village of Summit, Illinois, to acquire
31 land for a waste to energy plant;
32 (23) for a period of 15 months after September 7,
33 1990, by the Department of Transportation or by any unit
34 of local government under the terms of an
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1 intergovernmental cooperation agreement between the
2 Department of Transportation and the unit of local
3 government for the purpose of developing aviation
4 facilities in and around Chanute Air Force Base in
5 Champaign County, Illinois;
6 (24) for a period of 1 year after December 12,
7 1990, by the City of Morris for the development of the
8 Morris Municipal Airport;
9 (25) for a period of 1 year after June 19, 1991, by
10 the Greater Rockford Airport Authority for airport
11 expansion purposes;
12 (26) for a period of 24 months after June 30, 1991,
13 by the City of Aurora for completion of an instrument
14 landing system and construction of an east-west runway at
15 the Aurora Municipal Airport;
16 (27) for the acquisition by the Metropolitan Pier
17 and Exposition Authority of property described in
18 subsection (f) of Section 5 of the Metropolitan Pier and
19 Exposition Authority Act for the purposes of providing
20 additional grounds, buildings, and facilities related to
21 the purposes of the Metropolitan Pier and Exposition
22 Authority;
23 (28) for a period of 24 months after March 1, 1992,
24 by the Village of Wheeling and the City of Prospect
25 Heights, owners of the Palwaukee Municipal Airport, to
26 allow for the acquisition of right of way to complete the
27 realignment of Hintz Road and Wolf Road;
28 (29) for a period of one year from the effective
29 date of this amendatory Act of 1992, by the
30 Bloomington-Normal Airport Authority for airport
31 expansion purposes;
32 (30) for a period of 24 months after September 10,
33 1993, by the Cook County Highway Department and Lake
34 County Department of Transportation to allow for the
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1 acquisition of necessary right-of-way for construction of
2 underpasses for Lake-Cook Road at the Chicago
3 Northwestern Railroad crossing, west of Skokie Boulevard,
4 and the Chicago, Milwaukee, St. Paul and Pacific Railroad
5 crossing, west of Waukegan Road;
6 (31) for a period of one year after December 23,
7 1993, by the City of Arcola and the City of Tuscola for
8 the development of the Arcola/Tuscola Water Transmission
9 Pipeline Project pursuant to the intergovernmental
10 agreement between the City of Arcola and the City of
11 Tuscola;
12 (32) for a period of 24 months from December 23,
13 1993, by the Village of Bensenville for the acquisition
14 of property bounded by Illinois Route 83 to the west and
15 O'Hare International Airport to the east to complete a
16 flood control project known as the Bensenville Ditch;
17 (33) for a period of 9 months after November 1,
18 1993, by the Medical Center Commission for the purpose of
19 acquiring a site for the Illinois State Police Forensic
20 Science Laboratory at Chicago, on the block bounded by
21 Roosevelt Road on the north, Wolcott Street on the east,
22 Washburn Street on the south, and Damen Avenue on the
23 west in Chicago, Illinois;
24 (34) for a period of 36 months after July 14, 1995,
25 by White County for the acquisition of a 3 1/2 mile
26 section of Bellaire Road, which is described as follows:
27 Commencing at the Northwest Corner of the Southeast 1/4
28 of Section 28, Township 6 South, Range 10 East of the 3rd
29 Principal Meridian; thence South to a point at the
30 Southwest Corner of the Southeast 1/4 of Section 9,
31 Township 7 South, Range 10 East of the 3rd Principal
32 Meridian;
33 (35) for a period of one year after July 14, 1995,
34 by the City of Aurora for permanent and temporary
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1 easements except over land adjacent to Indian Creek and
2 west of Selmarten Creek located within the City of Aurora
3 for the construction of Phase II of the Indian Creek
4 Flood Control Project;
5 (35.1) for a period beginning June 24, 1995 (the
6 day following the effective date of Public Act 89-29) and
7 ending on July 13, 1995 (the day preceding the effective
8 date of Public Act 89-134), by the City of Aurora for
9 permanent and temporary easements for the construction of
10 Phase II of the Indian Creek Flood Control Project;
11 (36) for a period of 3 years from July 14, 1995, by
12 the Grand Avenue Railroad Relocation Authority for the
13 Grand Avenue Railroad Grade Separation Project within the
14 Village of Franklin Park, Illinois;
15 (37) for a period of 3 years after July 14, 1995,
16 by the Village of Romeoville for the acquisition of
17 rights-of-way for the 135th Street Bridge Project, lying
18 within the South 1/2 of Section 34, Township 37 North,
19 Range 10 East and the South 1/2 of Section 35, Township
20 37 North, Range 10 East of the Third Principal Meridian,
21 and the North 1/2 of Section 2, Township 36 North, Range
22 10 East and the North 1/2 of Section 3, Township 36
23 North, Range 10 East of the 3rd Principal Meridian, in
24 Will County, Illinois;
25 (37.1) for a period of 3 years after June 23, 1995,
26 by the Illinois Department of Transportation for the
27 acquisition of rights-of-way for the 135th Street Bridge
28 Project between the Des Plaines River and New Avenue
29 lying within the South 1/2 of Section 35, Township 37
30 North, Range 10 East of the Third Principal Meridian and
31 the North 1/2 of Section 2, Township 36 North, Range 10
32 East of the 3rd Principal Meridian, in Will County,
33 Illinois;
34 (38) for a period beginning June 24, 1995 (the day
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1 after the effective date of Public Act 89-29) and ending
2 18 months after July 14, 1995 (the effective date of
3 Public Act 89-134), by the Anna-Jonesboro Water
4 Commission for the acquisition of land and easements for
5 improvements to its water treatment and storage
6 facilities and water transmission pipes;
7 (39) for a period of 36 months after July 14, 1995,
8 by the City of Effingham for the acquisition of property
9 which is described as follows:
10 Tract 1:
11 Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
12 THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
13 thereof recorded in Book "K", Page 769, in the Recorder's
14 Office of Effingham County), situated in the City of
15 Effingham, County of Effingham and State of Illinois.
16 Tract 2:
17 The alley lying South and adjoining Tract 1, as
18 vacated by Ordinance recorded on July 28, 1937 in Book
19 183, Page 465, and all right, title and interest in and
20 to said alley as established by the Contract for Easement
21 recorded on August 4, 1937 in Book 183, Page 472;
22 (40) for a period of one year after July 14, 1995,
23 by the Village of Palatine for the acquisition of
24 property located along the south side of Dundee Road
25 between Rand Road and Hicks Road for redevelopment
26 purposes;
27 (41) for a period of 6 years after July 1, 1995,
28 for the acquisition by the Medical Center District of
29 property described in Section 3 of the Illinois Medical
30 District Act within the District Development Area as
31 described in Section 4 of that Act for the purposes set
32 forth in that Act;
33 (41.5) for a period of 24 months after June 21,
34 1996 by the City of Effingham, Illinois for acquisition
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1 of property for the South Raney Street Improvement
2 Project Phase I;
3 (42) for a period of 3 years after June 21, 1996,
4 by the Village of Deerfield for the acquisition of
5 territory within the Deerfield Village Center, as
6 designated as of that date by the Deerfield Comprehensive
7 Plan, with the exception of that area north of Jewett
8 Park Drive (extended) between Waukegan Road and the
9 Milwaukee Railroad Tracks, for redevelopment purposes;
10 (43) for a period of 12 months after June 21, 1996,
11 by the City of Harvard for the acquisition of property
12 lying west of Harvard Hills Road of sufficient size to
13 widen the Harvard Hills Road right of way and to install
14 and maintain city utility services not more than 200 feet
15 west of the center line of Harvard Hills Road;
16 (44) for a period of 5 years after June 21, 1996,
17 by the Village of River Forest, Illinois, within the area
18 designated as a tax increment financing district when the
19 purpose of the condemnation proceeding is to acquire land
20 for any of the purposes contained in the River Forest Tax
21 Increment Financing Plan or authorized by the Tax
22 Increment Allocation Redevelopment Act, provided that
23 condemnation of any property zoned and used exclusively
24 for residential purposes shall be prohibited;
25 (45) for a period of 18 months after June 28, 1996,
26 by the Village of Schaumburg for the acquisition of land,
27 easements, and aviation easements for the purpose of a
28 public airport in Cook and DuPage Counties; provided that
29 if any proceedings under the provisions of this Article
30 are pending on that date, "quick-take" may be utilized by
31 the Village of Schaumburg;
32 (46) for a period of one year after June 28, 1996,
33 by the City of Pinckneyville for the acquisition of land
34 and easements to provide for improvements to its water
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1 treatment and storage facilities and water transmission
2 pipes, and for the construction of a sewerage treatment
3 facility and sewerage transmission pipes to serve the
4 Illinois Department of Corrections Pinckneyville
5 Correctional Facility;
6 (47) for a period of 6 months after June 28, 1996,
7 by the City of Streator for the acquisition of property
8 described as follows for a first flush basin sanitary
9 sewer system:
10 Tract 5: That part of lots 20 and 21 in Block
11 6 in Moore and Plumb's addition to the city of
12 Streator, Illinois, lying south of the right of way
13 of the switch track of the Norfolk and Western
14 Railroad (now abandoned) in the county of LaSalle,
15 state of Illinois.
16 Tract 6: That part of lots 30, 31 and 32 in
17 Block 7 in Moore and Plumb's Addition to the city of
18 Streator, Illinois, lying north of the centerline of
19 Coal Run Creek and south of the right of way of the
20 switch track of the Norfolk and Western Railroad
21 (now abandoned) in the county of LaSalle, state of
22 Illinois;
23 (48) for a period of 36 months after January 16,
24 1997 the effective date of this amendatory Act of 1996,
25 by the Bi-State Development Agency of the
26 Missouri-Illinois Metropolitan District for the
27 acquisition of rights of way and related property
28 necessary for the construction and operation of the
29 MetroLink Light Rail System, beginning in East St. Louis,
30 Illinois, and terminating at Mid America Airport, St.
31 Clair County, Illinois;
32 (49) for a period of 2 years after January 16, 1997
33 the effective date of this amendatory Act of 1996, by the
34 Village of Schaumburg for the acquisition of
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1 rights-of-way, permanent easements, and temporary
2 easements for the purpose of improving the Roselle
3 Road/Illinois Route 58/Illinois Route 72 corridor,
4 including rights-of-way along Roselle Road, Remington
5 Road, Valley Lake Drive, State Parkway, Commerce Drive,
6 Kristin Circle, and Hillcrest Boulevard, a permanent
7 easement along Roselle Road, and temporary easements
8 along Roselle Road, State Parkway, Valley Lake Drive,
9 Commerce Drive, Kristin Circle, and Hillcrest Boulevard,
10 in Cook County;.
11 (51) by a municipality or county for road
12 improvement purposes.
13 In a proceeding subject to this Section, the plaintiff,
14 at any time after the complaint has been filed and before
15 judgment is entered in the proceeding, may file a written
16 motion requesting that, immediately or at some specified
17 later date, the plaintiff either be vested with the fee
18 simple title (or such lesser estate, interest or easement, as
19 may be required) to the real property, or specified portion
20 thereof, which is the subject of the proceeding, and be
21 authorized to take possession of and use such property; or
22 only be authorized to take possession of and to use such
23 property, if such possession and use, without the vesting of
24 title, are sufficient to permit the plaintiff to proceed with
25 the project until the final ascertainment of compensation;
26 however, no land or interests therein now or hereafter owned,
27 leased, controlled or operated and used by, or necessary for
28 the actual operation of, any common carrier engaged in
29 interstate commerce, or any other public utility subject to
30 the jurisdiction of the Illinois Commerce Commission, shall
31 be taken or appropriated hereunder by the State of Illinois,
32 the Illinois Toll Highway Authority, the sanitary district,
33 the St. Louis Metropolitan Area Airport Authority or the
34 Board of Trustees of the University of Illinois without first
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1 securing the approval of such Commission.
2 Except as hereinafter stated, the motion for taking shall
3 state: (1) an accurate description of the property to which
4 the motion relates and the estate or interest sought to be
5 acquired therein; (2) the formally adopted schedule or plan
6 of operation for the execution of the plaintiff's project;
7 (3) the situation of the property to which the motion
8 relates, with respect to the schedule or plan; (4) the
9 necessity for taking such property in the manner requested in
10 the motion; and (5) if the property (except property
11 described in Section 3 of the Sports Stadium Act or property
12 described as Site B in Section 2 of the Metropolitan Pier and
13 Exposition Authority Act) to be taken is owned, leased,
14 controlled or operated and used by, or necessary for the
15 actual operation of, any interstate common carrier or other
16 public utility subject to the jurisdiction of the Illinois
17 Commerce Commission, a statement to the effect that the
18 approval of such proposed taking has been secured from such
19 Commission, and attaching to such motion a certified copy of
20 the order of such Commission granting such approval. If the
21 schedule or plan of operation is not set forth fully in the
22 motion, a copy of such schedule or plan shall be attached to
23 the motion.
24 (Source: P.A. 88-486; 88-526; 88-670, eff. 12-2-94; 89-29,
25 eff. 6-23-95; 89-134, eff. 7-14-95; 89-343, eff. 8-17-95;
26 89-356, eff. 8-17-95; 89-445, eff. 2-7-96; 89-460, eff.
27 5-24-96; 89-494, eff. 6-21-96; 89-502, eff. 6-28-96; 89-504,
28 eff. 6-28-96; 89-592, eff. 8-1-96; 89-626, eff. 8-9-96;
29 89-699, eff. 1-16-97.)
30 (Text of Section after amendment by P.A. 89-683)
31 Sec. 7-103. "Quick-take". This Section applies only to
32 proceedings under this Article:
33 (1) by the State of Illinois, the Illinois Toll
34 Highway Authority or the St. Louis Metropolitan Area
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1 Airport Authority for the acquisition of land or
2 interests therein for highway purposes;
3 (2) (blank);
4 (3) by the Department of Commerce and Community
5 Affairs for the purpose specified in the Illinois Coal
6 Development Bond Act;
7 (4) (blank);
8 (5) for the purpose specified in the St. Louis
9 Metropolitan Area Airport Authority Act;
10 (6) for a period of 24 months after May 24, 1996,
11 by the Southwestern Illinois Development Authority
12 pursuant to the Southwestern Illinois Development
13 Authority Act;
14 (7) for a period of 3 years after December 30,
15 1987, by the Quad Cities Regional Economic Development
16 Authority (except for the acquisition of land or
17 interests therein that is farmland, or upon which is
18 situated a farm dwelling and appurtenant structures, or
19 upon which is situated a residence, or which is wholly
20 within an area that is zoned for residential use)
21 pursuant to the Quad Cities Regional Economic Development
22 Authority Act;
23 (8) by a sanitary district created under the
24 Metropolitan Water Reclamation District Act for the
25 acquisition of land or interests therein for purposes
26 specified in that Act;
27 (9) by a rail carrier within the time limitations
28 and subject to the terms and conditions set forth in
29 Section 18c-7501 of the Illinois Vehicle Code;
30 (10) for a period of 18 months after January 26,
31 1987, for the purpose specified in Division 135 of
32 Article 11 of the Illinois Municipal Code, by a
33 commission created under Section 2 of the Water
34 Commission Act of 1985;
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1 (11) by a village containing a population of less
2 than 15,000 for the purpose of acquiring property to be
3 used for a refuse derived fuel system designed to
4 generate steam and electricity, and for industrial
5 development that will utilize such steam and electricity,
6 pursuant to Section 11-19-10 of the Illinois Municipal
7 Code;
8 (12) after receiving the prior approval of the City
9 Council, by a municipality having a population of more
10 than 500,000 for the purposes set forth in Section
11 11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
12 Illinois Municipal Code, and for the same purposes when
13 established pursuant to home rule powers;
14 (13) by a home rule municipality, after a public
15 hearing held by the corporate authorities or by a
16 committee of the corporate authorities and after approval
17 by a majority of the corporate authorities, within an
18 area designated as an enterprise zone by the municipality
19 under the Illinois Enterprise Zone Act;
20 (14) by the Illinois Sports Facilities Authority
21 for the purpose specified in Section 12 of the Illinois
22 Sports Facilities Authority Act;
23 (15) by a municipality having a population of more
24 than 2,000,000 for the purpose of acquiring the property
25 described in Section 3 of the Sports Stadium Act;
26 (16) for a period of 18 months after July 29, 1986,
27 in any proceeding by the Board of Trustees of the
28 University of Illinois for the acquisition of land in
29 Champaign County or interests therein as a site for a
30 building or for any educational purpose;
31 (17) for a period of 2 years after July 1, 1990, by
32 a home rule municipality and a county board, upon
33 approval of a majority of the corporate authorities of
34 both the county board and the municipality, within an
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1 area designated as an enterprise zone by the municipality
2 and the county board through an intergovernmental
3 agreement under the Illinois Enterprise Zone Act, when
4 the purpose of the condemnation proceeding is to acquire
5 land for the construction of an industrial harbor port,
6 and when the total amount of land to be acquired for that
7 purpose is less than 75 acres and is adjacent to the
8 Illinois River;
9 (18) by an airport authority located solely within
10 the boundaries of Madison County, Illinois, and which is
11 organized pursuant to the provisions of the Airport
12 Authorities Act, (i) for the acquisition of 160 acres, or
13 less, of land or interests therein for the purposes
14 specified in that Act which may be necessary to extend,
15 mark, and light runway 11/29 for a distance of 1600 feet
16 in length by 100 feet in width with parallel taxiway, to
17 relocate and mark County Highway 19, Madison County,
18 known as Moreland Road, to relocate the instrument
19 landing system including the approach lighting system and
20 to construct associated drainage, fencing and seeding
21 required for the foregoing project and (ii) for a period
22 of 6 months after December 28, 1989, for the acquisition
23 of 75 acres, or less, of land or interests therein for
24 the purposes specified in that Act which may be necessary
25 to extend, mark and light the south end of runway 17/35
26 at such airport;
27 (19) by any unit of local government for a
28 permanent easement for the purpose of maintaining,
29 dredging or cleaning the Little Calumet River;
30 (20) by any unit of local government for a
31 permanent easement for the purpose of maintaining,
32 dredging or cleaning the Salt Creek in DuPage County;
33 (21) by St. Clair County, Illinois, for the
34 development of a joint use facility at Scott Air Force
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1 Base;
2 (22) by the Village of Summit, Illinois, to acquire
3 land for a waste to energy plant;
4 (23) for a period of 15 months after September 7,
5 1990, by the Department of Transportation or by any unit
6 of local government under the terms of an
7 intergovernmental cooperation agreement between the
8 Department of Transportation and the unit of local
9 government for the purpose of developing aviation
10 facilities in and around Chanute Air Force Base in
11 Champaign County, Illinois;
12 (24) for a period of 1 year after December 12,
13 1990, by the City of Morris for the development of the
14 Morris Municipal Airport;
15 (25) for a period of 1 year after June 19, 1991, by
16 the Greater Rockford Airport Authority for airport
17 expansion purposes;
18 (26) for a period of 24 months after June 30, 1991,
19 by the City of Aurora for completion of an instrument
20 landing system and construction of an east-west runway at
21 the Aurora Municipal Airport;
22 (27) for the acquisition by the Metropolitan Pier
23 and Exposition Authority of property described in
24 subsection (f) of Section 5 of the Metropolitan Pier and
25 Exposition Authority Act for the purposes of providing
26 additional grounds, buildings, and facilities related to
27 the purposes of the Metropolitan Pier and Exposition
28 Authority;
29 (28) for a period of 24 months after March 1, 1992,
30 by the Village of Wheeling and the City of Prospect
31 Heights, owners of the Palwaukee Municipal Airport, to
32 allow for the acquisition of right of way to complete the
33 realignment of Hintz Road and Wolf Road;
34 (29) for a period of one year from the effective
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1 date of this amendatory Act of 1992, by the
2 Bloomington-Normal Airport Authority for airport
3 expansion purposes;
4 (30) for a period of 24 months after September 10,
5 1993, by the Cook County Highway Department and Lake
6 County Department of Transportation to allow for the
7 acquisition of necessary right-of-way for construction of
8 underpasses for Lake-Cook Road at the Chicago
9 Northwestern Railroad crossing, west of Skokie Boulevard,
10 and the Chicago, Milwaukee, St. Paul and Pacific Railroad
11 crossing, west of Waukegan Road;
12 (31) for a period of one year after December 23,
13 1993, by the City of Arcola and the City of Tuscola for
14 the development of the Arcola/Tuscola Water Transmission
15 Pipeline Project pursuant to the intergovernmental
16 agreement between the City of Arcola and the City of
17 Tuscola;
18 (32) for a period of 24 months from December 23,
19 1993, by the Village of Bensenville for the acquisition
20 of property bounded by Illinois Route 83 to the west and
21 O'Hare International Airport to the east to complete a
22 flood control project known as the Bensenville Ditch;
23 (33) for a period of 9 months after November 1,
24 1993, by the Medical Center Commission for the purpose of
25 acquiring a site for the Illinois State Police Forensic
26 Science Laboratory at Chicago, on the block bounded by
27 Roosevelt Road on the north, Wolcott Street on the east,
28 Washburn Street on the south, and Damen Avenue on the
29 west in Chicago, Illinois;
30 (34) for a period of 36 months after July 14, 1995,
31 by White County for the acquisition of a 3 1/2 mile
32 section of Bellaire Road, which is described as follows:
33 Commencing at the Northwest Corner of the Southeast 1/4
34 of Section 28, Township 6 South, Range 10 East of the 3rd
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1 Principal Meridian; thence South to a point at the
2 Southwest Corner of the Southeast 1/4 of Section 9,
3 Township 7 South, Range 10 East of the 3rd Principal
4 Meridian;
5 (35) for a period of one year after July 14, 1995,
6 by the City of Aurora for permanent and temporary
7 easements except over land adjacent to Indian Creek and
8 west of Selmarten Creek located within the City of Aurora
9 for the construction of Phase II of the Indian Creek
10 Flood Control Project;
11 (35.1) for a period beginning June 24, 1995 (the
12 day following the effective date of Public Act 89-29) and
13 ending on July 13, 1995 (the day preceding the effective
14 date of Public Act 89-134), by the City of Aurora for
15 permanent and temporary easements for the construction of
16 Phase II of the Indian Creek Flood Control Project;
17 (36) for a period of 3 years from July 14, 1995, by
18 the Grand Avenue Railroad Relocation Authority for the
19 Grand Avenue Railroad Grade Separation Project within the
20 Village of Franklin Park, Illinois;
21 (37) for a period of 3 years after July 14, 1995,
22 by the Village of Romeoville for the acquisition of
23 rights-of-way for the 135th Street Bridge Project, lying
24 within the South 1/2 of Section 34, Township 37 North,
25 Range 10 East and the South 1/2 of Section 35, Township
26 37 North, Range 10 East of the Third Principal Meridian,
27 and the North 1/2 of Section 2, Township 36 North, Range
28 10 East and the North 1/2 of Section 3, Township 36
29 North, Range 10 East of the 3rd Principal Meridian, in
30 Will County, Illinois;
31 (37.1) for a period of 3 years after June 23, 1995,
32 by the Illinois Department of Transportation for the
33 acquisition of rights-of-way for the 135th Street Bridge
34 Project between the Des Plaines River and New Avenue
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1 lying within the South 1/2 of Section 35, Township 37
2 North, Range 10 East of the Third Principal Meridian and
3 the North 1/2 of Section 2, Township 36 North, Range 10
4 East of the 3rd Principal Meridian, in Will County,
5 Illinois;
6 (38) for a period beginning June 24, 1995 (the day
7 after the effective date of Public Act 89-29) and ending
8 18 months after July 14, 1995 (the effective date of
9 Public Act 89-134), by the Anna-Jonesboro Water
10 Commission for the acquisition of land and easements for
11 improvements to its water treatment and storage
12 facilities and water transmission pipes;
13 (39) for a period of 36 months after July 14, 1995,
14 by the City of Effingham for the acquisition of property
15 which is described as follows:
16 Tract 1:
17 Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
18 THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
19 thereof recorded in Book "K", Page 769, in the Recorder's
20 Office of Effingham County), situated in the City of
21 Effingham, County of Effingham and State of Illinois.
22 Tract 2:
23 The alley lying South and adjoining Tract 1, as
24 vacated by Ordinance recorded on July 28, 1937 in Book
25 183, Page 465, and all right, title and interest in and
26 to said alley as established by the Contract for Easement
27 recorded on August 4, 1937 in Book 183, Page 472;
28 (40) for a period of one year after July 14, 1995,
29 by the Village of Palatine for the acquisition of
30 property located along the south side of Dundee Road
31 between Rand Road and Hicks Road for redevelopment
32 purposes;
33 (41) for a period of 6 years after July 1, 1995,
34 for the acquisition by the Medical Center District of
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1 property described in Section 3 of the Illinois Medical
2 District Act within the District Development Area as
3 described in Section 4 of that Act for the purposes set
4 forth in that Act;
5 (41.5) for a period of 24 months after June 21,
6 1996 by the City of Effingham, Illinois for acquisition
7 of property for the South Raney Street Improvement
8 Project Phase I;
9 (42) for a period of 3 years after June 21, 1996,
10 by the Village of Deerfield for the acquisition of
11 territory within the Deerfield Village Center, as
12 designated as of that date by the Deerfield Comprehensive
13 Plan, with the exception of that area north of Jewett
14 Park Drive (extended) between Waukegan Road and the
15 Milwaukee Railroad Tracks, for redevelopment purposes;
16 (43) for a period of 12 months after June 21, 1996,
17 by the City of Harvard for the acquisition of property
18 lying west of Harvard Hills Road of sufficient size to
19 widen the Harvard Hills Road right of way and to install
20 and maintain city utility services not more than 200 feet
21 west of the center line of Harvard Hills Road;
22 (44) for a period of 5 years after June 21, 1996,
23 by the Village of River Forest, Illinois, within the area
24 designated as a tax increment financing district when the
25 purpose of the condemnation proceeding is to acquire land
26 for any of the purposes contained in the River Forest Tax
27 Increment Financing Plan or authorized by the Tax
28 Increment Allocation Redevelopment Act, provided that
29 condemnation of any property zoned and used exclusively
30 for residential purposes shall be prohibited;
31 (45) for a period of 18 months after June 28, 1996,
32 by the Village of Schaumburg for the acquisition of land,
33 easements, and aviation easements for the purpose of a
34 public airport in Cook and DuPage Counties; provided that
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1 if any proceedings under the provisions of this Article
2 are pending on that date, "quick-take" may be utilized by
3 the Village of Schaumburg;
4 (46) for a period of one year after June 28, 1996,
5 by the City of Pinckneyville for the acquisition of land
6 and easements to provide for improvements to its water
7 treatment and storage facilities and water transmission
8 pipes, and for the construction of a sewerage treatment
9 facility and sewerage transmission pipes to serve the
10 Illinois Department of Corrections Pinckneyville
11 Correctional Facility;
12 (47) for a period of 6 months after June 28, 1996,
13 by the City of Streator for the acquisition of property
14 described as follows for a first flush basin sanitary
15 sewer system:
16 Tract 5: That part of lots 20 and 21 in Block
17 6 in Moore and Plumb's addition to the city of
18 Streator, Illinois, lying south of the right of way
19 of the switch track of the Norfolk and Western
20 Railroad (now abandoned) in the county of LaSalle,
21 state of Illinois.
22 Tract 6: That part of lots 30, 31 and 32 in
23 Block 7 in Moore and Plumb's Addition to the city of
24 Streator, Illinois, lying north of the centerline of
25 Coal Run Creek and south of the right of way of the
26 switch track of the Norfolk and Western Railroad
27 (now abandoned) in the county of LaSalle, state of
28 Illinois;
29 (48) for a period of 36 months after January 16,
30 1997 the effective date of this amendatory Act of 1996,
31 by the Bi-State Development Agency of the
32 Missouri-Illinois Metropolitan District for the
33 acquisition of rights of way and related property
34 necessary for the construction and operation of the
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1 MetroLink Light Rail System, beginning in East St. Louis,
2 Illinois, and terminating at Mid America Airport, St.
3 Clair County, Illinois;
4 (49) for a period of 2 years after January 16, 1997
5 the effective date of this amendatory Act of 1996, by the
6 Village of Schaumburg for the acquisition of
7 rights-of-way, permanent easements, and temporary
8 easements for the purpose of improving the Roselle
9 Road/Illinois Route 58/Illinois Route 72 corridor,
10 including rights-of-way along Roselle Road, Remington
11 Road, Valley Lake Drive, State Parkway, Commerce Drive,
12 Kristin Circle, and Hillcrest Boulevard, a permanent
13 easement along Roselle Road, and temporary easements
14 along Roselle Road, State Parkway, Valley Lake Drive,
15 Commerce Drive, Kristin Circle, and Hillcrest Boulevard,
16 in Cook County;.
17 (50) (49) by the Department of Transportation for
18 purposes of acquiring private property as specified in
19 the Meigs Field Airport Act;.
20 (51) by a municipality or county for road
21 improvement purposes.
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;
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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, or property that is taken as
23 provided in the Meigs Field Airport Act) to be taken is
24 owned, leased, controlled or operated and used by, or
25 necessary for the actual operation of, any interstate common
26 carrier or other public utility subject to the jurisdiction
27 of the Illinois Commerce Commission, a statement to the
28 effect that the approval of such proposed taking has been
29 secured from such Commission, and attaching to such motion a
30 certified copy of the order of such Commission granting such
31 approval. If the schedule or plan of operation is not set
32 forth fully in the motion, a copy of such schedule or plan
33 shall be attached to the motion.
34 (Source: P.A. 88-486; 88-526; 88-670, eff. 12-2-94; 89-29,
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1 eff. 6-23-95; 89-134, eff. 7-14-95; 89-343, eff. 8-17-95;
2 89-356, eff. 8-17-95; 89-445, eff. 2-7-96; 89-460, eff.
3 5-24-96; 89-494, eff. 6-21-96; 89-502, eff. 6-28-96; 89-504,
4 eff. 6-28-96; 89-592, eff. 8-1-96; 89-626, eff. 8-9-96;
5 89-683, eff. 6-1-97; 89-699, eff. 1-16-97; revised 1-28-97.)
6 Section 95. No acceleration or delay. Where this Act
7 makes changes in a statute that is represented in this Act by
8 text that is not yet or no longer in effect (for example, a
9 Section represented by multiple versions), the use of that
10 text does not accelerate or delay the taking effect of (i)
11 the changes made by this Act or (ii) provisions derived from
12 any other Public Act.
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.".