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90_HB1697
65 ILCS 5/11-101-1 from Ch. 24, par. 11-101-1
65 ILCS 5/11-102-4 from Ch. 24, par. 11-102-4
Amends the Illinois Municipal Code. Eliminates the
ability of a municipality with a population of 500,000 or
more to acquire by condemnation any private property, public
property, or property devoted to any public use or rights or
easements for airport purposes. Preempts home rule. Effective
immediately.
LRB9004654KDksA
LRB9004654KDksA
1 AN ACT to amend the Illinois Municipal Code by changing
2 Sections 11-101-1 and 11-102-4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Municipal Code is amended by
6 changing Sections 11-101-1 and 11-102-4 as follows:
7 (65 ILCS 5/11-101-1) (from Ch. 24, par. 11-101-1)
8 Sec. 11-101-1. The corporate authorities of each
9 municipality may establish and maintain public airports
10 either within or without the corporate limits of the
11 municipality and provide for the safe approach thereto and
12 take-off therefrom by aircraft; may construct, reconstruct,
13 expand and improve landing fields, landing strips, hangars,
14 terminal buildings and other structures and may provide any
15 terminal facilities for such airports; may, in municipalities
16 with a population of 500,000 or more, acquire by gift, grant,
17 lease, or purchase any private property or property devoted
18 to any public use or rights or easements therein for any of
19 the purposes specified in this Section; may, in
20 municipalities with a population of less than 500,000,
21 acquire by gift, grant, lease, purchase, condemnation or
22 otherwise any private property or property devoted to any
23 public use or rights or easements therein for any of the
24 purposes specified in this section; may contract for the
25 removal or relocation of all buildings, railways, mains,
26 pipes, conduits, wires, poles, and all other structures,
27 facilities and equipment which may interfere with the
28 location, expansion or improvement of any public airport, or
29 with the safe approach thereto or takeoff therefrom by
30 aircraft, and may assume any obligation and pay any expense
31 incidental thereto; may operate any public airport and may
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1 charge and collect rents, rates or other compensation for any
2 use thereof or for any service rendered by the municipality
3 in the operation thereof, provided that, subject to the
4 capacity thereof, the landing field and landing strips shall
5 be available to any person, without unjust or unreasonable
6 discrimination as to services and charges, for landing and
7 take-off by any aircraft; may let to, or enter into any
8 operating agreement with, any person for operation and
9 maintenance of any public airport, but all such leases and
10 operating agreements shall provide that, subject to the
11 capacity thereof, the landing field and landing strips shall
12 be available to any person, without unjust or unreasonable
13 discrimination as to services and charges, for landing and
14 take-off by any air craft; may let to any person, or grant
15 concessions or privileges in, any land adjoining the landing
16 field or any building or structure on such land for the
17 shelter, servicing, manufacturing and repair of aircraft,
18 aircraft parts and accessories, for receiving and discharging
19 passengers and cargo, and for the accommodation of the public
20 at such airport; may regulate the use of such airports, the
21 navigation of aircraft over such airports and the approach of
22 aircraft and their take-off from such airports. The
23 provisions of this Section concerning the acquisition of
24 property by gift, grant, lease, or purchase in a municipality
25 with a population of 500,000 or more is a denial and
26 limitation of home rule powers and functions under subsection
27 (h) of Section 6 of Article VII of the Illinois Constitution.
28 This Section is subject to the provisions of the Illinois
29 Aeronautics Act, as heretofore and hereafter amended.
30 (Source: Laws 1961, p. 576.)
31 (65 ILCS 5/11-102-4) (from Ch. 24, par. 11-102-4)
32 Sec. 11-102-4. Every municipality specified in Section
33 11-102-1 may contract for the removal or relocation of all
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1 buildings, railways, mains, pipes, conduits, wires, poles,
2 and all other structures, facilities and equipment which may
3 interfere with the location, expansion or improvement of any
4 public airport, or with the safe approach thereto or take-off
5 therefrom by aircraft, and may acquire by gift, grant, lease,
6 or purchase, condemnation or otherwise any private property,
7 public property or property devoted to any public use or
8 rights or easements therein for any purpose authorized by
9 this section and Sections 11-102-1 through 11-102-3. This
10 Section is a denial and limitation of home rule powers and
11 functions under subsection (h) of Section 6 of Article VII of
12 the Illinois Constitution.
13 (Source: Laws 1961, p. 576.)
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.