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90_HB2161sam001
LRB9004828PTcwam
1 AMENDMENT TO HOUSE BILL 2161
2 AMENDMENT NO. . Amend House Bill 2161 on page 1, by
3 replacing lines 1 and 2 with the following:
4 "AN ACT concerning sanitary districts."; and
5 on page 1, immediately below line 4, by inserting the
6 following:
7 "Section 3. The Sanitary District Act of 1917 is amended
8 by changing Section 8 as follows:
9 (70 ILCS 2405/8) (from Ch. 42, par. 307)
10 Sec. 8. The sanitary district may acquire by purchase,
11 condemnation, or otherwise all real and personal property,
12 right of way and privilege, either within or without its
13 corporate limits that may be required for its corporate
14 purposes. If real property is acquired by condemnation, the
15 sanitary district may not sell or lease any portion of the
16 property. If any district formed under this Act is unable to
17 agree with any other sanitary district upon the terms whereby
18 it shall be permitted to use the drains, channels or ditches
19 of such other sanitary district, the right to such use may be
20 acquired by condemnation in any circuit court by proceedings
21 as provided in Section 4-17 of the Illinois Drainage Code.
-2- LRB9004828PTcwam
1 The compensation to be paid for such use may be a gross sum,
2 or it may be in the form of an annual rental, to be paid in
3 yearly installments as provided by the judgment of the court
4 wherein such proceedings may be had. However, when such
5 compensation is fixed at a gross sum all moneys for the
6 purchase and condemnation of any property shall be paid
7 before possession is taken or any work done on the premises
8 damaged by the construction of such channel or outlet, and in
9 case of an appeal from the circuit court taken by either
10 party whereby the amount of damages is not finally
11 determined, then possession may be taken, if the amount of
12 judgment in such court is deposited at some bank or savings
13 and loan association to be designated by the court, subject
14 to the payment of such damages on orders signed by the
15 circuit court, whenever the amount of damages is finally
16 determined. The sanitary district may sell, convey, vacate
17 and release the real or personal property, right of way and
18 privileges acquired by it when no longer required for the
19 purposes of the district.
20 (Source: P.A. 84-452; 84-545.)"; and
21 on page 1, line 6, by replacing "Section" with "Sections 10
22 and"; and
23 on page 1, immediately below line 6, by inserting the
24 following:
25 "(70 ILCS 2805/10) (from Ch. 42, par. 421)
26 Sec. 10. The sanitary district may acquire by purchase,
27 condemnation, or otherwise all real and personal property,
28 right of way and privilege, either within or without its
29 corporate limits that may be required for its corporate
30 purposes. If real property is acquired by condemnation, the
31 sanitary district may not sell or lease any portion of the
32 property. If any sanitary district formed under this Act is
-3- LRB9004828PTcwam
1 unable to agree with any other sanitary district, city,
2 village or incorporated town upon the terms whereby it shall
3 be permitted to use the drains, channels or ditches of such
4 other sanitary district, city, village or incorporated town,
5 the right to such use may be acquired by condemnation in any
6 circuit court by proceedings as provided in Section 4-17 of
7 the Illinois Drainage Code. The compensation to be paid for
8 such use may be a gross sum, or it may be in the form of an
9 annual rental, to be paid in yearly installments as and in
10 the manner provided by the judgment of the court wherein such
11 proceedings may be had. However, when such compensation is
12 fixed at a gross sum, all moneys for the purchase and
13 condemnation of any property shall be paid before possession
14 is taken or any work done on the premises damaged by the
15 construction of such channel or outlet, and in case of an
16 appeal from the circuit court taken by either party whereby
17 the amount of damages is not finally determined, then
18 possession may be taken, if the amount of the judgment in
19 such court is deposited at some bank or savings and loan
20 association to be designated by the court, subject to the
21 payment of such damages on orders signed by such circuit
22 court, whenever the amount of damages is finally determined.
23 The sanitary district may sell, convey, vacate and release
24 the real or personal property, right of way and privileges
25 acquired by it when no longer required for the purposes of
26 such district.
27 (Source: P.A. 83-1362.)".