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90_SB0820
605 ILCS 5/4-203 from Ch. 121, par. 4-203
735 ILCS 5/7-102 from Ch. 110, par. 7-102
735 ILCS 5/7-103 from Ch. 110, par. 7-103
30 ILCS 805/8.21 rep.
620 ILCS 60/Act rep.
Repeals the Meigs Field Airport Act, P.A. 89-683, and
reverses the amendatory changes made by that Act to the State
Mandates Act, the Illinois Highway Code, and the Code of
Civil Procedure so that prior law is restored. Effective
immediately.
LRB9002625DJcd
LRB9002625DJcd
1 AN ACT concerning Meigs Field Airport.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Highway Code is amended by
5 changing Section 4-203 as follows:
6 (605 ILCS 5/4-203) (from Ch. 121, par. 4-203)
7 Sec. 4-203. The Department may, in its discretion and as
8 funds become available for construction and maintenance, add
9 additional highways to the State highway system by (i) laying
10 out new highways, or (ii) taking over highways from the
11 county highway system, the township and district road system
12 or the municipal street system, or (iii) in order to ensure
13 access to Meigs Field (as defined in the Meigs Field Airport
14 Act) from the State highway system, taking over highways
15 from the county highway system, the township and district
16 road system, or the municipal street system or any necessary
17 park district highways, roads, or streets; but such highways,
18 roads, or streets so taken over into the State highway system
19 shall be highways, roads, or streets which form a logical
20 part of the State highway system for traffic purposes. Before
21 any such highway, road, or street is taken over the
22 Department shall notify the proper local officials in writing
23 of its intention to do so and the date when it will assume
24 the maintenance and care of such highway, road, or street.
25 Whenever any part or portion of any such highway, road, or
26 street which is situated within the corporate limits of any
27 municipality is hereafter or has heretofore been taken over,
28 the Department shall have exclusive jurisdiction and control
29 over only that part of such highway, road, or street which
30 the Department has constructed, or which the local authority
31 has constructed and which has been taken over by the
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1 Department, and for the maintenance of which the Department
2 is responsible, including the hard-surfaced slab, shoulders
3 and drainage ditches. Whenever any municipality shall
4 construct with a durable hard surface the remaining portion
5 of a street, a part of which has been improved with a durable
6 hard surface by the Department, or taken over by it, then in
7 that case the Department shall have jurisdiction and control
8 over only that portion of the street over which it did
9 construct the durable hard surface or that part which it took
10 over from the municipality.
11 (Source: Laws 1959, p. 196; P.A. 89-683, eff. 6-1-97.)
12 Section 10. The Code of Civil Procedure is amended by
13 changing Sections 7-102 and 7-103 as follows:
14 (735 ILCS 5/7-102) (from Ch. 110, par. 7-102)
15 Sec. 7-102. Parties. Where the right to take private
16 property for public use, without the owner's consent or the
17 right to construct or maintain any public road, railroad,
18 plankroad, turnpike road, canal or other public work or
19 improvement, or which may damage property not actually taken
20 has been heretofore or shall hereafter be conferred by
21 general law or special charter upon any corporate or
22 municipal authority, public body, officer or agent, person,
23 commissioner or corporation and the compensation to be paid
24 for or in respect of the property sought to be appropriated
25 or damaged for the purposes mentioned cannot be agreed upon
26 by the parties interested, or in case the owner of the
27 property is incapable of consenting, or the owner's name or
28 residence is unknown, or the owner is a nonresident of the
29 state, the party authorized to take or damage the property so
30 required, or to construct, operate and maintain any public
31 road, railroad, plankroad, turnpike road, canal or other
32 public work or improvement, may apply to the circuit court of
-3- LRB9002625DJcd
1 the county where the property or any part thereof is
2 situated, by filing with the clerk a complaint, setting
3 forth, by reference, his, her or their authority in the
4 premises, the purpose for which the property is sought to be
5 taken or damaged, a description of the property, the names of
6 all persons interested therein as owners or otherwise as
7 appearing of record, if known, or if not known stating that
8 fact and praying such court to cause the compensation to be
9 paid to the owner to be assessed. If it appears that any
10 person not in being, upon coming into being, is, or may
11 become or may claim to be, entitled to any interest in the
12 property sought to be appropriated or damaged the court shall
13 appoint some competent and disinterested person as guardian
14 ad litem, to appear for and represent such interest in the
15 proceeding and to defend the proceeding on behalf of the
16 person not in being, and any judgment entered in the
17 proceeding shall be as effectual for all purposes as though
18 the person was in being and was a party to the proceeding. If
19 the proceeding seeks to affect the property of persons under
20 guardianship, the guardians shall be made parties defendant.
21 Persons interested, whose names are unknown, may be made
22 parties defendant by the same descriptions and in the same
23 manner as provided in other civil cases. Where the property
24 to be taken or damaged is a common element of property
25 subject to a declaration of condominium ownership pursuant to
26 the Condominium Property Act or of a common interest
27 community, the complaint shall name the unit owners'
28 association in lieu of naming the individual unit owners and
29 lienholders on individual units. Unit owners, mortgagees and
30 other lienholders may intervene as parties defendant. For the
31 purposes of this Section "common interest community" shall
32 have the same meaning as set forth in subsection (c) of
33 Section 9-102 of the Code of Civil Procedure. "Unit owners'
34 association" or "association" shall refer to both the
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1 definition contained in Section 2 of the Condominium Property
2 Act and subsection (c) of Section 9-102 of the Code of Civil
3 Procedure. Where the property is sought to be taken or
4 damaged by the state for the purposes of establishing,
5 operating or maintaining any state house or state charitable
6 or other institutions or improvements, the complaint shall be
7 signed by the governor or such other person as he or she
8 shall direct, or as is provided by law. No property, except
9 property described in either Section 3 of the Sports Stadium
10 Act or Article 11, Division 139, of the Illinois Municipal
11 Code, and property described as Site B in Section 2 of the
12 Metropolitan Pier and Exposition Authority Act, and property
13 that may be taken as provided in the Meigs Field Airport Act,
14 belonging to a railroad or other public utility subject to
15 the jurisdiction of the Illinois Commerce Commission may be
16 taken or damaged, pursuant to the provisions of Article VII
17 of this Act, without the prior approval of the Illinois
18 Commerce Commission. This amendatory Act of 1991 (Public Act
19 87-760) is declaratory of existing law and is intended to
20 remove possible ambiguities, thereby confirming the existing
21 meaning of the Code of Civil Procedure and of the Illinois
22 Municipal Code in effect before January 1, 1992 (the
23 effective date of Public Act 87-760).
24 (Source: P.A. 86-110; 86-826; 86-1028; 87-733; 87-760;
25 87-895; 89-683, eff. 6-1-97.)
26 (735 ILCS 5/7-103) (from Ch. 110, par. 7-103)
27 (Text of Section from P.A. 89-445 and 89-683)
28 Sec. 7-103. "Quick-take". This Section applies only to
29 proceedings under this Article:
30 (1) by the State of Illinois, the Illinois Toll
31 Highway Authority or the St. Louis Metropolitan Area
32 Airport Authority for the acquisition of land or
33 interests therein for highway purposes;
-5- LRB9002625DJcd
1 (2) (blank);
2 (3) by the Department of Commerce and Community
3 Affairs for the purpose specified in the Illinois Coal
4 Development Bond Act;
5 (4) (blank);
6 (5) for the purpose specified in the St. Louis
7 Metropolitan Area Airport Authority Act;
8 (6) for a period of one year after June 30, 1995,
9 by the Southwestern Illinois Development Authority
10 pursuant to the Southwestern Illinois Development
11 Authority Act;
12 (7) for a period of 3 years after December 30,
13 1987, by the Quad Cities Regional Economic Development
14 Authority (except for the acquisition of land or
15 interests therein that is farmland, or upon which is
16 situated a farm dwelling and appurtenant structures, or
17 upon which is situated a residence, or which is wholly
18 within an area that is zoned for residential use)
19 pursuant to the Quad Cities Regional Economic Development
20 Authority Act;
21 (8) by a sanitary district created under the
22 Metropolitan Water Reclamation District Act for the
23 acquisition of land or interests therein for purposes
24 specified in that Act;
25 (9) by a rail carrier within the time limitations
26 and subject to the terms and conditions set forth in
27 Section 18c-7501 of the Illinois Vehicle Code;
28 (10) for a period of 18 months after January 26,
29 1987, for the purpose specified in Division 135 of
30 Article 11 of the Illinois Municipal Code, by a
31 commission created under Section 2 of the Water
32 Commission Act of 1985;
33 (11) by a village containing a population of less
34 than 15,000 for the purpose of acquiring property to be
-6- LRB9002625DJcd
1 used for a refuse derived fuel system designed to
2 generate steam and electricity, and for industrial
3 development that will utilize such steam and electricity,
4 pursuant to Section 11-19-10 of the Illinois Municipal
5 Code;
6 (12) after receiving the prior approval of the City
7 Council, by a municipality having a population of more
8 than 500,000 for the purposes set forth in Section
9 11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
10 Illinois Municipal Code, and for the same purposes when
11 established pursuant to home rule powers;
12 (13) by a home rule municipality, after a public
13 hearing held by the corporate authorities or by a
14 committee of the corporate authorities and after approval
15 by a majority of the corporate authorities, within an
16 area designated as an enterprise zone by the municipality
17 under the Illinois Enterprise Zone Act;
18 (14) by the Illinois Sports Facilities Authority
19 for the purpose specified in Section 12 of the Illinois
20 Sports Facilities Authority Act;
21 (15) by a municipality having a population of more
22 than 2,000,000 for the purpose of acquiring the property
23 described in Section 3 of the Sports Stadium Act;
24 (16) for a period of 18 months after July 29, 1986,
25 in any proceeding by the Board of Trustees of the
26 University of Illinois for the acquisition of land in
27 Champaign County or interests therein as a site for a
28 building or for any educational purpose;
29 (17) for a period of 2 years after July 1, 1990, by
30 a home rule municipality and a county board, upon
31 approval of a majority of the corporate authorities of
32 both the county board and the municipality, within an
33 area designated as an enterprise zone by the municipality
34 and the county board through an intergovernmental
-7- LRB9002625DJcd
1 agreement under the Illinois Enterprise Zone Act, when
2 the purpose of the condemnation proceeding is to acquire
3 land for the construction of an industrial harbor port,
4 and when the total amount of land to be acquired for that
5 purpose is less than 75 acres and is adjacent to the
6 Illinois River;
7 (18) by an airport authority located solely within
8 the boundaries of Madison County, Illinois, and which is
9 organized pursuant to the provisions of the Airport
10 Authorities Act, (i) for the acquisition of 160 acres, or
11 less, of land or interests therein for the purposes
12 specified in that Act which may be necessary to extend,
13 mark, and light runway 11/29 for a distance of 1600 feet
14 in length by 100 feet in width with parallel taxiway, to
15 relocate and mark County Highway 19, Madison County,
16 known as Moreland Road, to relocate the instrument
17 landing system including the approach lighting system and
18 to construct associated drainage, fencing and seeding
19 required for the foregoing project and (ii) for a period
20 of 6 months after December 28, 1989, for the acquisition
21 of 75 acres, or less, of land or interests therein for
22 the purposes specified in that Act which may be necessary
23 to extend, mark and light the south end of runway 17/35
24 at such airport;
25 (19) by any unit of local government for a
26 permanent easement for the purpose of maintaining,
27 dredging or cleaning the Little Calumet River;
28 (20) by any unit of local government for a
29 permanent easement for the purpose of maintaining,
30 dredging or cleaning the Salt Creek in DuPage County;
31 (21) by St. Clair County, Illinois, for the
32 development of a joint use facility at Scott Air Force
33 Base;
34 (22) by the Village of Summit, Illinois, to acquire
-8- LRB9002625DJcd
1 land for a waste to energy plant;
2 (23) for a period of 15 months after September 7,
3 1990, by the Department of Transportation or by any unit
4 of local government under the terms of an
5 intergovernmental cooperation agreement between the
6 Department of Transportation and the unit of local
7 government for the purpose of developing aviation
8 facilities in and around Chanute Air Force Base in
9 Champaign County, Illinois;
10 (24) for a period of 1 year after December 12,
11 1990, by the City of Morris for the development of the
12 Morris Municipal Airport;
13 (25) for a period of 1 year after June 19, 1991, by
14 the Greater Rockford Airport Authority for airport
15 expansion purposes;
16 (26) for a period of 24 months after June 30, 1991,
17 by the City of Aurora for completion of an instrument
18 landing system and construction of an east-west runway at
19 the Aurora Municipal Airport;
20 (27) for the acquisition by the Metropolitan Pier
21 and Exposition Authority of property described in
22 subsection (f) of Section 5 of the Metropolitan Pier and
23 Exposition Authority Act for the purposes of providing
24 additional grounds, buildings, and facilities related to
25 the purposes of the Metropolitan Pier and Exposition
26 Authority;
27 (28) for a period of 24 months after March 1, 1992,
28 by the Village of Wheeling and the City of Prospect
29 Heights, owners of the Palwaukee Municipal Airport, to
30 allow for the acquisition of right of way to complete the
31 realignment of Hintz Road and Wolf Road;
32 (29) for a period of one year from the effective
33 date of this amendatory Act of 1992, by the
34 Bloomington-Normal Airport Authority for airport
-9- LRB9002625DJcd
1 expansion purposes;
2 (30) for a period of 24 months after September 10,
3 1993, by the Cook County Highway Department and Lake
4 County Department of Transportation to allow for the
5 acquisition of necessary right-of-way for construction of
6 underpasses for Lake-Cook Road at the Chicago
7 Northwestern Railroad crossing, west of Skokie Boulevard,
8 and the Chicago, Milwaukee, St. Paul and Pacific Railroad
9 crossing, west of Waukegan Road;
10 (31) for a period of one year after December 23,
11 1993, by the City of Arcola and the City of Tuscola for
12 the development of the Arcola/Tuscola Water Transmission
13 Pipeline Project pursuant to the intergovernmental
14 agreement between the City of Arcola and the City of
15 Tuscola;
16 (32) for a period of 24 months from December 23,
17 1993, by the Village of Bensenville for the acquisition
18 of property bounded by Illinois Route 83 to the west and
19 O'Hare International Airport to the east to complete a
20 flood control project known as the Bensenville Ditch;
21 (33) for a period of 9 months after November 1,
22 1993, by the Medical Center Commission for the purpose of
23 acquiring a site for the Illinois State Police Forensic
24 Science Laboratory at Chicago, on the block bounded by
25 Roosevelt Road on the north, Wolcott Street on the east,
26 Washburn Street on the south, and Damen Avenue on the
27 west in Chicago, Illinois;
28 (34) for a period of 36 months after July 14, 1995,
29 by White County for the acquisition of a 3 1/2 mile
30 section of Bellaire Road, which is described as follows:
31 Commencing at the Northwest Corner of the Southeast 1/4
32 of Section 28, Township 6 South, Range 10 East of the 3rd
33 Principal Meridian; thence South to a point at the
34 Southwest Corner of the Southeast 1/4 of Section 9,
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1 Township 7 South, Range 10 East of the 3rd Principal
2 Meridian;
3 (35) for a period of one year after July 14, 1995,
4 by the City of Aurora for permanent and temporary
5 easements except over land adjacent to Indian Creek and
6 west of Selmarten Creek located within the City of Aurora
7 for the construction of Phase II of the Indian Creek
8 Flood Control Project;
9 (35.1) for a period beginning June 24, 1995 (the
10 day following the effective date of Public Act 89-29) and
11 ending on July 13, 1995 (the day preceding the effective
12 date of Public Act 89-134), by the City of Aurora for
13 permanent and temporary easements for the construction of
14 Phase II of the Indian Creek Flood Control Project;
15 (36) for a period of 3 years from July 14, 1995, by
16 the Grand Avenue Railroad Relocation Authority for the
17 Grand Avenue Railroad Grade Separation Project within the
18 Village of Franklin Park, Illinois;
19 (37) for a period of 3 years after July 14, 1995,
20 by the Village of Romeoville for the acquisition of
21 rights-of-way for the 135th Street Bridge Project between
22 the Des Plaines River and New Avenue lying within the
23 South 1/2 of Section 35, Township 37 North, Range 10 East
24 of the Third Principal Meridian and the North 1/2 of
25 Section 2, Township 36 North, Range 10 East of the 3rd
26 Principal Meridian, in 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 (48) by the Department of Transportation for
2 purposes of acquiring private property as specified in
3 the Meigs Field Airport Act.
4 In a proceeding subject to this Section, the plaintiff,
5 at any time after the complaint has been filed and before
6 judgment is entered in the proceeding, may file a written
7 motion requesting that, immediately or at some specified
8 later date, the plaintiff either be vested with the fee
9 simple title (or such lesser estate, interest or easement, as
10 may be required) to the real property, or specified portion
11 thereof, which is the subject of the proceeding, and be
12 authorized to take possession of and use such property; or
13 only be authorized to take possession of and to use such
14 property, if such possession and use, without the vesting of
15 title, are sufficient to permit the plaintiff to proceed with
16 the project until the final ascertainment of compensation;
17 however, no land or interests therein now or hereafter owned,
18 leased, controlled or operated and used by, or necessary for
19 the actual operation of, any common carrier engaged in
20 interstate commerce, or any other public utility subject to
21 the jurisdiction of the Illinois Commerce Commission, shall
22 be taken or appropriated hereunder by the State of Illinois,
23 the Illinois Toll Highway Authority, the sanitary district,
24 the St. Louis Metropolitan Area Airport Authority or the
25 Board of Trustees of the University of Illinois without first
26 securing the approval of such Commission.
27 Except as hereinafter stated, the motion for taking shall
28 state: (1) an accurate description of the property to which
29 the motion relates and the estate or interest sought to be
30 acquired therein; (2) the formally adopted schedule or plan
31 of operation for the execution of the plaintiff's project;
32 (3) the situation of the property to which the motion
33 relates, with respect to the schedule or plan; (4) the
34 necessity for taking such property in the manner requested in
-13- LRB9002625DJcd
1 the motion; and (5) if the property (except property
2 described in Section 3 of the Sports Stadium Act, or property
3 described as Site B in Section 2 of the Metropolitan Pier and
4 Exposition Authority Act, or property that is taken as
5 provided in the Meigs Field Airport Act) to be taken is
6 owned, leased, controlled or operated and used by, or
7 necessary for the actual operation of, any interstate common
8 carrier or other public utility subject to the jurisdiction
9 of the Illinois Commerce Commission, a statement to the
10 effect that the approval of such proposed taking has been
11 secured from such Commission, and attaching to such motion a
12 certified copy of the order of such Commission granting such
13 approval. If the schedule or plan of operation is not set
14 forth fully in the motion, a copy of such schedule or plan
15 shall be attached to the motion.
16 (Source: P.A. 88-486; 88-526; 88-670, eff. 12-2-94; 89-29,
17 eff. 6-23-95; 89-134, eff. 7-14-95; 89-343, eff. 8-17-95;
18 89-356, eff. 8-17-95; revised 8-25-95; 89-445, eff. 2-7-96;
19 89-683, eff. 6-1-97.)
20 (Text of Section from P.A. 89-460 and 89-683)
21 Sec. 7-103. "Quick-take". This Section applies only to
22 proceedings under this Article:
23 (1) by the State of Illinois, the Illinois Toll
24 Highway Authority or the St. Louis Metropolitan Area
25 Airport Authority for the acquisition of land or
26 interests therein for highway purposes;
27 (2) for the purpose specified in the Particle
28 Accelerator Land Acquisition Act;
29 (3) by the Illinois Department of Energy and
30 Natural Resources for the purpose specified in the
31 Superconducting Super Collider Act or the Illinois Coal
32 Development Bond Act;
33 (4) for construction, maintenance and operation of
34 a Superconducting Super Collider by the United States
-14- LRB9002625DJcd
1 Department of Energy, as authorized by Article 2 of the
2 Build Illinois Act;
3 (5) for the purpose specified in the St. Louis
4 Metropolitan Area Airport Authority Act;
5 (6) for a period of 24 months after the effective
6 date of this amendatory Act of 1996, by the Southwestern
7 Illinois Development Authority pursuant to the
8 Southwestern Illinois Development Authority Act;
9 (7) for a period of 3 years after December 30,
10 1987, by the Quad Cities Regional Economic Development
11 Authority (except for the acquisition of land or
12 interests therein that is farmland, or upon which is
13 situated a farm dwelling and appurtenant structures, or
14 upon which is situated a residence, or which is wholly
15 within an area that is zoned for residential use)
16 pursuant to the Quad Cities Regional Economic Development
17 Authority Act;
18 (8) by a sanitary district created under the
19 Metropolitan Water Reclamation District Act for the
20 acquisition of land or interests therein for purposes
21 specified in that Act;
22 (9) by a rail carrier within the time limitations
23 and subject to the terms and conditions set forth in
24 Section 18c-7501 of the Illinois Vehicle Code;
25 (10) for a period of 18 months after January 26,
26 1987, for the purpose specified in Division 135 of
27 Article 11 of the Illinois Municipal Code, by a
28 commission created under Section 2 of the Water
29 Commission Act of 1985;
30 (11) by a village containing a population of less
31 than 15,000 for the purpose of acquiring property to be
32 used for a refuse derived fuel system designed to
33 generate steam and electricity, and for industrial
34 development that will utilize such steam and electricity,
-15- LRB9002625DJcd
1 pursuant to Section 11-19-10 of the Illinois Municipal
2 Code;
3 (12) after receiving the prior approval of the City
4 Council, by a municipality having a population of more
5 than 500,000 for the purposes set forth in Section
6 11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
7 Illinois Municipal Code, and for the same purposes when
8 established pursuant to home rule powers;
9 (13) by a home rule municipality, after a public
10 hearing held by the corporate authorities or by a
11 committee of the corporate authorities and after approval
12 by a majority of the corporate authorities, within an
13 area designated as an enterprise zone by the municipality
14 under the Illinois Enterprise Zone Act;
15 (14) by the Illinois Sports Facilities Authority
16 for the purpose specified in Section 12 of the Illinois
17 Sports Facilities Authority Act;
18 (15) by a municipality having a population of more
19 than 2,000,000 for the purpose of acquiring the property
20 described in Section 3 of the Sports Stadium Act;
21 (16) for a period of 18 months after July 29, 1986,
22 in any proceeding by the Board of Trustees of the
23 University of Illinois for the acquisition of land in
24 Champaign County or interests therein as a site for a
25 building or for any educational purpose;
26 (17) for a period of 2 years after July 1, 1990, by
27 a home rule municipality and a county board, upon
28 approval of a majority of the corporate authorities of
29 both the county board and the municipality, within an
30 area designated as an enterprise zone by the municipality
31 and the county board through an intergovernmental
32 agreement under the Illinois Enterprise Zone Act, when
33 the purpose of the condemnation proceeding is to acquire
34 land for the construction of an industrial harbor port,
-16- LRB9002625DJcd
1 and when the total amount of land to be acquired for that
2 purpose is less than 75 acres and is adjacent to the
3 Illinois River;
4 (18) by an airport authority located solely within
5 the boundaries of Madison County, Illinois, and which is
6 organized pursuant to the provisions of the Airport
7 Authorities Act, (i) for the acquisition of 160 acres, or
8 less, of land or interests therein for the purposes
9 specified in that Act which may be necessary to extend,
10 mark, and light runway 11/29 for a distance of 1600 feet
11 in length by 100 feet in width with parallel taxiway, to
12 relocate and mark County Highway 19, Madison County,
13 known as Moreland Road, to relocate the instrument
14 landing system including the approach lighting system and
15 to construct associated drainage, fencing and seeding
16 required for the foregoing project and (ii) for a period
17 of 6 months after December 28, 1989, for the acquisition
18 of 75 acres, or less, of land or interests therein for
19 the purposes specified in that Act which may be necessary
20 to extend, mark and light the south end of runway 17/35
21 at such airport;
22 (19) by any unit of local government for a
23 permanent easement for the purpose of maintaining,
24 dredging or cleaning the Little Calumet River;
25 (20) by any unit of local government for a
26 permanent easement for the purpose of maintaining,
27 dredging or cleaning the Salt Creek in DuPage County;
28 (21) by St. Clair County, Illinois, for the
29 development of a joint use facility at Scott Air Force
30 Base;
31 (22) by the Village of Summit, Illinois, to acquire
32 land for a waste to energy plant;
33 (23) for a period of 15 months after September 7,
34 1990, by the Department of Transportation or by any unit
-17- LRB9002625DJcd
1 of local government under the terms of an
2 intergovernmental cooperation agreement between the
3 Department of Transportation and the unit of local
4 government for the purpose of developing aviation
5 facilities in and around Chanute Air Force Base in
6 Champaign County, Illinois;
7 (24) for a period of 1 year after December 12,
8 1990, by the City of Morris for the development of the
9 Morris Municipal Airport;
10 (25) for a period of 1 year after June 19, 1991, by
11 the Greater Rockford Airport Authority for airport
12 expansion purposes;
13 (26) for a period of 24 months after June 30, 1991,
14 by the City of Aurora for completion of an instrument
15 landing system and construction of an east-west runway at
16 the Aurora Municipal Airport;
17 (27) for the acquisition by the Metropolitan Pier
18 and Exposition Authority of property described in
19 subsection (f) of Section 5 of the Metropolitan Pier and
20 Exposition Authority Act for the purposes of providing
21 additional grounds, buildings, and facilities related to
22 the purposes of the Metropolitan Pier and Exposition
23 Authority;
24 (28) for a period of 24 months after March 1, 1992,
25 by the Village of Wheeling and the City of Prospect
26 Heights, owners of the Palwaukee Municipal Airport, to
27 allow for the acquisition of right of way to complete the
28 realignment of Hintz Road and Wolf Road;
29 (29) for a period of one year from the effective
30 date of this amendatory Act of 1992, by the
31 Bloomington-Normal Airport Authority for airport
32 expansion purposes;
33 (30) for a period of 24 months after September 10,
34 1993, by the Cook County Highway Department and Lake
-18- LRB9002625DJcd
1 County Department of Transportation to allow for the
2 acquisition of necessary right-of-way for construction of
3 underpasses for Lake-Cook Road at the Chicago
4 Northwestern Railroad crossing, west of Skokie Boulevard,
5 and the Chicago, Milwaukee, St. Paul and Pacific Railroad
6 crossing, west of Waukegan Road;
7 (31) for a period of one year after December 23,
8 1993, by the City of Arcola and the City of Tuscola for
9 the development of the Arcola/Tuscola Water Transmission
10 Pipeline Project pursuant to the intergovernmental
11 agreement between the City of Arcola and the City of
12 Tuscola;
13 (32) for a period of 24 months from December 23,
14 1993, by the Village of Bensenville for the acquisition
15 of property bounded by Illinois Route 83 to the west and
16 O'Hare International Airport to the east to complete a
17 flood control project known as the Bensenville Ditch;
18 (33) for a period of 9 months after November 1,
19 1993, by the Medical Center Commission for the purpose of
20 acquiring a site for the Illinois State Police Forensic
21 Science Laboratory at Chicago, on the block bounded by
22 Roosevelt Road on the north, Wolcott Street on the east,
23 Washburn Street on the south, and Damen Avenue on the
24 west in Chicago, Illinois;
25 (34) for a period of 36 months after July 14, 1995,
26 by White County for the acquisition of a 3 1/2 mile
27 section of Bellaire Road, which is described as follows:
28 Commencing at the Northwest Corner of the Southeast 1/4
29 of Section 28, Township 6 South, Range 10 East of the 3rd
30 Principal Meridian; thence South to a point at the
31 Southwest Corner of the Southeast 1/4 of Section 9,
32 Township 7 South, Range 10 East of the 3rd Principal
33 Meridian;
34 (35) for a period of one year after July 14, 1995,
-19- LRB9002625DJcd
1 by the City of Aurora for permanent and temporary
2 easements except over land adjacent to Indian Creek and
3 west of Selmarten Creek located within the City of Aurora
4 for the construction of Phase II of the Indian Creek
5 Flood Control Project;
6 (35.1) for a period beginning June 24, 1995 (the
7 day following the effective date of Public Act 89-29) and
8 ending on July 13, 1995 (the day preceding the effective
9 date of Public Act 89-134), by the City of Aurora for
10 permanent and temporary easements for the construction of
11 Phase II of the Indian Creek Flood Control Project;
12 (36) for a period of 3 years from July 14, 1995, by
13 the Grand Avenue Railroad Relocation Authority for the
14 Grand Avenue Railroad Grade Separation Project within the
15 Village of Franklin Park, Illinois;
16 (37) for a period of 3 years after July 14, 1995,
17 by the Village of Romeoville for the acquisition of
18 rights-of-way for the 135th Street Bridge Project between
19 the Des Plaines River and New Avenue lying within the
20 South 1/2 of Section 35, Township 37 North, Range 10 East
21 of the Third Principal Meridian and the North 1/2 of
22 Section 2, Township 36 North, Range 10 East of the 3rd
23 Principal Meridian, in Will County, Illinois;
24 (37.1) for a period of 3 years after June 23,
25 1995, by the Illinois Department of Transportation for
26 the acquisition of rights-of-way for the 135th Street
27 Bridge Project between the Des Plaines River and New
28 Avenue lying within the South 1/2 of Section 35, Township
29 37 North, Range 10 East of the Third Principal Meridian
30 and the North 1/2 of Section 2, Township 36 North, Range
31 10 East of the 3rd Principal Meridian, in Will County,
32 Illinois;
33 (38) for a period beginning June 24, 1995 (the day
34 after the effective date of Public Act 89-29) and ending
-20- LRB9002625DJcd
1 18 months after July 14, 1995 (the effective date of
2 Public Act 89-134), by the Anna-Jonesboro Water
3 Commission for the acquisition of land and easements for
4 improvements to its water treatment and storage
5 facilities and water transmission pipes;
6 (39) for a period of 36 months after July 14, 1995,
7 by the City of Effingham for the acquisition of property
8 which is described as follows:
9 Tract 1:
10 Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
11 THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
12 thereof recorded in Book "K", Page 769, in the Recorder's
13 Office of Effingham County), situated in the City of
14 Effingham, County of Effingham and State of Illinois.
15 Tract 2:
16 The alley lying South and adjoining Tract 1, as
17 vacated by Ordinance recorded on July 28, 1937 in Book
18 183, Page 465, and all right, title and interest in and
19 to said alley as established by the Contract for Easement
20 recorded on August 4, 1937 in Book 183, Page 472;
21 (40) for a period of one year after July 14, 1995,
22 by the Village of Palatine for the acquisition of
23 property located along the south side of Dundee Road
24 between Rand Road and Hicks Road for redevelopment
25 purposes;
26 (41) for a period of 6 years after July 1, 1995,
27 for the acquisition by the Medical Center District of
28 property described in Section 3 of the Illinois Medical
29 District Act within the District Development Area as
30 described in Section 4 of that Act for the purposes set
31 forth in that Act;.
32 (48) by the Department of Transportation for
33 purposes of acquiring private property as specified in
34 the Meigs Field Airport Act.
-21- LRB9002625DJcd
1 In a proceeding subject to this Section, the plaintiff,
2 at any time after the complaint has been filed and before
3 judgment is entered in the proceeding, may file a written
4 motion requesting that, immediately or at some specified
5 later date, the plaintiff either be vested with the fee
6 simple title (or such lesser estate, interest or easement, as
7 may be required) to the real property, or specified portion
8 thereof, which is the subject of the proceeding, and be
9 authorized to take possession of and use such property; or
10 only be authorized to take possession of and to use such
11 property, if such possession and use, without the vesting of
12 title, are sufficient to permit the plaintiff to proceed with
13 the project until the final ascertainment of compensation;
14 however, no land or interests therein now or hereafter owned,
15 leased, controlled or operated and used by, or necessary for
16 the actual operation of, any common carrier engaged in
17 interstate commerce, or any other public utility subject to
18 the jurisdiction of the Illinois Commerce Commission, shall
19 be taken or appropriated hereunder by the State of Illinois,
20 the Illinois Toll Highway Authority, the sanitary district,
21 the St. Louis Metropolitan Area Airport Authority or the
22 Board of Trustees of the University of Illinois without first
23 securing the approval of such Commission.
24 Except as hereinafter stated, the motion for taking shall
25 state: (1) an accurate description of the property to which
26 the motion relates and the estate or interest sought to be
27 acquired therein; (2) the formally adopted schedule or plan
28 of operation for the execution of the plaintiff's project;
29 (3) the situation of the property to which the motion
30 relates, with respect to the schedule or plan; (4) the
31 necessity for taking such property in the manner requested in
32 the motion; and (5) if the property (except property
33 described in Section 3 of the Sports Stadium Act, or property
34 described as Site B in Section 2 of the Metropolitan Pier and
-22- LRB9002625DJcd
1 Exposition Authority Act, or property that is taken as
2 provided in the Meigs Field Airport Act) to be taken is
3 owned, leased, controlled or operated and used by, or
4 necessary for the actual operation of, any interstate common
5 carrier or other public utility subject to the jurisdiction
6 of the Illinois Commerce Commission, a statement to the
7 effect that the approval of such proposed taking has been
8 secured from such Commission, and attaching to such motion a
9 certified copy of the order of such Commission granting such
10 approval. If the schedule or plan of operation is not set
11 forth fully in the motion, a copy of such schedule or plan
12 shall be attached to the motion.
13 In any proceeding for the purpose specified in the
14 Particle Accelerator Land Acquisition Act or for the
15 acquisition by the Department of Energy and Natural Resources
16 of land to accommodate the construction, maintenance and
17 operation of a Superconducting Super Collider, the motion
18 need not state or have attached thereto a formally adopted
19 schedule or plan of operation.
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; revised 8-25-95; 89-460, eff. 5-24-96;
23 89-683, eff. 6-1-97.)
24 (Text of Section from P.A. 89-494 and 89-683)
25 Sec. 7-103. "Quick-take". This Section applies only to
26 proceedings under this Article:
27 (1) by the State of Illinois, the Illinois Toll
28 Highway Authority or the St. Louis Metropolitan Area
29 Airport Authority for the acquisition of land or
30 interests therein for highway purposes;
31 (2) for the purpose specified in the Particle
32 Accelerator Land Acquisition Act;
33 (3) by the Illinois Department of Energy and
34 Natural Resources for the purpose specified in the
-23- LRB9002625DJcd
1 Superconducting Super Collider Act or the Illinois Coal
2 Development Bond Act;
3 (4) for construction, maintenance and operation of
4 a Superconducting Super Collider by the United States
5 Department of Energy, as authorized by Article 2 of the
6 Build Illinois Act;
7 (5) for the purpose specified in the St. Louis
8 Metropolitan Area Airport Authority Act;
9 (6) for a period of one year after June 30, 1995,
10 by the Southwestern Illinois Development Authority
11 pursuant to the Southwestern Illinois Development
12 Authority Act;
13 (7) for a period of 3 years after December 30,
14 1987, by the Quad Cities Regional Economic Development
15 Authority (except for the acquisition of land or
16 interests therein that is farmland, or upon which is
17 situated a farm dwelling and appurtenant structures, or
18 upon which is situated a residence, or which is wholly
19 within an area that is zoned for residential use)
20 pursuant to the Quad Cities Regional Economic Development
21 Authority Act;
22 (8) by a sanitary district created under the
23 Metropolitan Water Reclamation District Act for the
24 acquisition of land or interests therein for purposes
25 specified in that Act;
26 (9) by a rail carrier within the time limitations
27 and subject to the terms and conditions set forth in
28 Section 18c-7501 of the Illinois Vehicle Code;
29 (10) for a period of 18 months after January 26,
30 1987, for the purpose specified in Division 135 of
31 Article 11 of the Illinois Municipal Code, by a
32 commission created under Section 2 of the Water
33 Commission Act of 1985;
34 (11) by a village containing a population of less
-24- LRB9002625DJcd
1 than 15,000 for the purpose of acquiring property to be
2 used for a refuse derived fuel system designed to
3 generate steam and electricity, and for industrial
4 development that will utilize such steam and electricity,
5 pursuant to Section 11-19-10 of the Illinois Municipal
6 Code;
7 (12) after receiving the prior approval of the City
8 Council, by a municipality having a population of more
9 than 500,000 for the purposes set forth in Section
10 11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
11 Illinois Municipal Code, and for the same purposes when
12 established pursuant to home rule powers;
13 (13) by a home rule municipality, after a public
14 hearing held by the corporate authorities or by a
15 committee of the corporate authorities and after approval
16 by a majority of the corporate authorities, within an
17 area designated as an enterprise zone by the municipality
18 under the Illinois Enterprise Zone Act;
19 (14) by the Illinois Sports Facilities Authority
20 for the purpose specified in Section 12 of the Illinois
21 Sports Facilities Authority Act;
22 (15) by a municipality having a population of more
23 than 2,000,000 for the purpose of acquiring the property
24 described in Section 3 of the Sports Stadium Act;
25 (16) for a period of 18 months after July 29, 1986,
26 in any proceeding by the Board of Trustees of the
27 University of Illinois for the acquisition of land in
28 Champaign County or interests therein as a site for a
29 building or for any educational purpose;
30 (17) for a period of 2 years after July 1, 1990, by
31 a home rule municipality and a county board, upon
32 approval of a majority of the corporate authorities of
33 both the county board and the municipality, within an
34 area designated as an enterprise zone by the municipality
-25- LRB9002625DJcd
1 and the county board through an intergovernmental
2 agreement under the Illinois Enterprise Zone Act, when
3 the purpose of the condemnation proceeding is to acquire
4 land for the construction of an industrial harbor port,
5 and when the total amount of land to be acquired for that
6 purpose is less than 75 acres and is adjacent to the
7 Illinois River;
8 (18) by an airport authority located solely within
9 the boundaries of Madison County, Illinois, and which is
10 organized pursuant to the provisions of the Airport
11 Authorities Act, (i) for the acquisition of 160 acres, or
12 less, of land or interests therein for the purposes
13 specified in that Act which may be necessary to extend,
14 mark, and light runway 11/29 for a distance of 1600 feet
15 in length by 100 feet in width with parallel taxiway, to
16 relocate and mark County Highway 19, Madison County,
17 known as Moreland Road, to relocate the instrument
18 landing system including the approach lighting system and
19 to construct associated drainage, fencing and seeding
20 required for the foregoing project and (ii) for a period
21 of 6 months after December 28, 1989, for the acquisition
22 of 75 acres, or less, of land or interests therein for
23 the purposes specified in that Act which may be necessary
24 to extend, mark and light the south end of runway 17/35
25 at such airport;
26 (19) by any unit of local government for a
27 permanent easement for the purpose of maintaining,
28 dredging or cleaning the Little Calumet River;
29 (20) by any unit of local government for a
30 permanent easement for the purpose of maintaining,
31 dredging or cleaning the Salt Creek in DuPage County;
32 (21) by St. Clair County, Illinois, for the
33 development of a joint use facility at Scott Air Force
34 Base;
-26- LRB9002625DJcd
1 (22) by the Village of Summit, Illinois, to acquire
2 land for a waste to energy plant;
3 (23) for a period of 15 months after September 7,
4 1990, by the Department of Transportation or by any unit
5 of local government under the terms of an
6 intergovernmental cooperation agreement between the
7 Department of Transportation and the unit of local
8 government for the purpose of developing aviation
9 facilities in and around Chanute Air Force Base in
10 Champaign County, Illinois;
11 (24) for a period of 1 year after December 12,
12 1990, by the City of Morris for the development of the
13 Morris Municipal Airport;
14 (25) for a period of 1 year after June 19, 1991, by
15 the Greater Rockford Airport Authority for airport
16 expansion purposes;
17 (26) for a period of 24 months after June 30, 1991,
18 by the City of Aurora for completion of an instrument
19 landing system and construction of an east-west runway at
20 the Aurora Municipal Airport;
21 (27) for the acquisition by the Metropolitan Pier
22 and Exposition Authority of property described in
23 subsection (f) of Section 5 of the Metropolitan Pier and
24 Exposition Authority Act for the purposes of providing
25 additional grounds, buildings, and facilities related to
26 the purposes of the Metropolitan Pier and Exposition
27 Authority;
28 (28) for a period of 24 months after March 1, 1992,
29 by the Village of Wheeling and the City of Prospect
30 Heights, owners of the Palwaukee Municipal Airport, to
31 allow for the acquisition of right of way to complete the
32 realignment of Hintz Road and Wolf Road;
33 (29) for a period of one year from the effective
34 date of this amendatory Act of 1992, by the
-27- LRB9002625DJcd
1 Bloomington-Normal Airport Authority for airport
2 expansion purposes;
3 (30) for a period of 24 months after September 10,
4 1993, by the Cook County Highway Department and Lake
5 County Department of Transportation to allow for the
6 acquisition of necessary right-of-way for construction of
7 underpasses for Lake-Cook Road at the Chicago
8 Northwestern Railroad crossing, west of Skokie Boulevard,
9 and the Chicago, Milwaukee, St. Paul and Pacific Railroad
10 crossing, west of Waukegan Road;
11 (31) for a period of one year after December 23,
12 1993, by the City of Arcola and the City of Tuscola for
13 the development of the Arcola/Tuscola Water Transmission
14 Pipeline Project pursuant to the intergovernmental
15 agreement between the City of Arcola and the City of
16 Tuscola;
17 (32) for a period of 24 months from December 23,
18 1993, by the Village of Bensenville for the acquisition
19 of property bounded by Illinois Route 83 to the west and
20 O'Hare International Airport to the east to complete a
21 flood control project known as the Bensenville Ditch;
22 (33) for a period of 9 months after November 1,
23 1993, by the Medical Center Commission for the purpose of
24 acquiring a site for the Illinois State Police Forensic
25 Science Laboratory at Chicago, on the block bounded by
26 Roosevelt Road on the north, Wolcott Street on the east,
27 Washburn Street on the south, and Damen Avenue on the
28 West in Chicago, Illinois;
29 (34) for a period of 36 months after July 14, 1995,
30 by White County for the acquisition of a 3 1/2 mile
31 section of Bellaire Road, which is described as follows:
32 Commencing at the Northwest Corner of the Southeast 1/4
33 of Section 28, Township 6 South, Range 10 East of the 3rd
34 Principal Meridian; thence South to a point at the
-28- LRB9002625DJcd
1 Southwest Corner of the Southeast 1/4 of Section 9,
2 Township 7 South, Range 10 East of the 3rd Principal
3 Meridian;
4 (35) for a period of one year after July 14, 1995,
5 by the City of Aurora for permanent and temporary
6 easements except over land adjacent to Indian Creek and
7 west of Selmarten Creek located within the City of Aurora
8 for the construction of Phase II of the Indian Creek
9 Flood Control Project;
10 (35.1) for a period beginning June 24, 1995 (the
11 day following the effective date of Public Act 89-29) and
12 ending on July 13, 1995 (the day preceding the effective
13 date of Public Act 89-134), by the City of Aurora for
14 permanent and temporary easements for the construction of
15 Phase II of the Indian Creek Flood Control Project;
16 (36) for a period of 3 years from July 14, 1995, by
17 the Grand Avenue Railroad Relocation Authority for the
18 Grand Avenue Railroad Grade Separation Project within the
19 Village of Franklin Park, Illinois;
20 (37) for a period of 3 years after July 14, 1995,
21 by the Village of Romeoville for the acquisition of
22 rights-of-way for the 135th Street Bridge Project between
23 the Des Plaines River and New Avenue lying within the
24 South 1/2 of Section 35, Township 37 North, Range 10 East
25 of the Third Principal Meridian and the North 1/2 of
26 Section 2, Township 36 North, Range 10 East of the 3rd
27 Principal Meridian, in Will County, Illinois;
28 (37.1) for a period of 3 years after June 23,
29 1995, by the Illinois Department of Transportation for
30 the acquisition of rights-of-way for the 135th Street
31 Bridge Project between the Des Plaines River and New
32 Avenue lying within the South 1/2 of Section 35, Township
33 37 North, Range 10 East of the Third Principal Meridian
34 and the North 1/2 of Section 2, Township 36 North, Range
-29- LRB9002625DJcd
1 10 East of the 3rd Principal Meridian, in Will County,
2 Illinois;
3 (38) for a period beginning June 24, 1995 (the day
4 after the effective date of Public Act 89-29) and ending
5 18 months after July 14, 1995 (the effective date of
6 Public Act 89-134), by the Anna-Jonesboro Water
7 Commission for the acquisition of land and easements for
8 improvements to its water treatment and storage
9 facilities and water transmission pipes;
10 (39) for a period of 36 months after July 14, 1995,
11 by the City of Effingham for the acquisition of property
12 which is described as follows:
13 Tract 1:
14 Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
15 THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
16 thereof recorded in Book "K", Page 769, in the Recorder's
17 Office of Effingham County), situated in the City of
18 Effingham, County of Effingham and State of Illinois.
19 Tract 2:
20 The alley lying South and adjoining Tract 1, as
21 vacated by Ordinance recorded on July 28, 1937 in Book
22 183, Page 465, and all right, title and interest in and
23 to said alley as established by the Contract for Easement
24 recorded on August 4, 1937 in Book 183, Page 472;
25 (40) for a period of one year after July 14, 1995,
26 by the Village of Palatine for the acquisition of
27 property located along the south side of Dundee Road
28 between Rand Road and Hicks Road for redevelopment
29 purposes;
30 (41) for a period of 6 years after July 1, 1995,
31 for the acquisition by the Medical Center District of
32 property described in Section 3 of the Illinois Medical
33 District Act within the District Development Area as
34 described in Section 4 of that Act for the purposes set
-30- LRB9002625DJcd
1 forth in that Act;
2 (41.5) for a period of 24 months after the
3 effective date of this amendatory Act of 1996 by the City
4 of Effingham, Illinois for acquisition of property for
5 the South Raney Street Improvement Project Phase I;
6 (42) for a period of 3 years after the effective
7 date of this amendatory Act of 1996, by the Village of
8 Deerfield for the acquisition of territory within the
9 Deerfield Village Center, as designated as of the
10 effective date of this amendatory Act of 1996 by the
11 Deerfield Comprehensive Plan, with the exception of that
12 area north of Jewett Park Drive (extended) between
13 Waukegan Road and the Milwaukee Railroad Tracks, for
14 redevelopment purposes;
15 (43) for a period of 12 months after the effective
16 date of this amendatory Act of 1996, by the City of
17 Harvard for the acquisition of property lying west of
18 Harvard Hills Road of sufficient size to widen the
19 Harvard Hills Road right of way and to install and
20 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 the effective
23 date of this amendatory Act of 1996, by the Village of
24 River Forest, Illinois, within the area designated as a
25 tax increment financing district when the purpose of the
26 condemnation proceeding is to acquire land for any of the
27 purposes contained in the River Forest Tax Increment
28 Financing Plan or authorized by the Tax Increment
29 Allocation Redevelopment Act, provided that condemnation
30 of any property zoned and used exclusively for
31 residential purposes shall be prohibited;.
32 (48) by the Department of Transportation for
33 purposes of acquiring private property as specified in
34 the Meigs Field Airport Act.
-31- LRB9002625DJcd
1 In a proceeding subject to this Section, the plaintiff,
2 at any time after the complaint has been filed and before
3 judgment is entered in the proceeding, may file a written
4 motion requesting that, immediately or at some specified
5 later date, the plaintiff either be vested with the fee
6 simple title (or such lesser estate, interest or easement, as
7 may be required) to the real property, or specified portion
8 thereof, which is the subject of the proceeding, and be
9 authorized to take possession of and use such property; or
10 only be authorized to take possession of and to use such
11 property, if such possession and use, without the vesting of
12 title, are sufficient to permit the plaintiff to proceed with
13 the project until the final ascertainment of compensation;
14 however, no land or interests therein now or hereafter owned,
15 leased, controlled or operated and used by, or necessary for
16 the actual operation of, any common carrier engaged in
17 interstate commerce, or any other public utility subject to
18 the jurisdiction of the Illinois Commerce Commission, shall
19 be taken or appropriated hereunder by the State of Illinois,
20 the Illinois Toll Highway Authority, the sanitary district,
21 the St. Louis Metropolitan Area Airport Authority or the
22 Board of Trustees of the University of Illinois without first
23 securing the approval of such Commission.
24 Except as hereinafter stated, the motion for taking shall
25 state: (1) an accurate description of the property to which
26 the motion relates and the estate or interest sought to be
27 acquired therein; (2) the formally adopted schedule or plan
28 of operation for the execution of the plaintiff's project;
29 (3) the situation of the property to which the motion
30 relates, with respect to the schedule or plan; (4) the
31 necessity for taking such property in the manner requested in
32 the motion; and (5) if the property (except property
33 described in Section 3 of the Sports Stadium Act, or property
34 described as Site B in Section 2 of the Metropolitan Pier and
-32- LRB9002625DJcd
1 Exposition Authority Act, or property that is taken as
2 provided in the Meigs Field Airport Act) to be taken is
3 owned, leased, controlled or operated and used by, or
4 necessary for the actual operation of, any interstate common
5 carrier or other public utility subject to the jurisdiction
6 of the Illinois Commerce Commission, a statement to the
7 effect that the approval of such proposed taking has been
8 secured from such Commission, and attaching to such motion a
9 certified copy of the order of such Commission granting such
10 approval. If the schedule or plan of operation is not set
11 forth fully in the motion, a copy of such schedule or plan
12 shall be attached to the motion.
13 In any proceeding for the purpose specified in the
14 Particle Accelerator Land Acquisition Act or for the
15 acquisition by the Department of Energy and Natural Resources
16 of land to accommodate the construction, maintenance and
17 operation of a Superconducting Super Collider, the motion
18 need not state or have attached thereto a formally adopted
19 schedule or plan of operation.
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; revised 8-25-95; 89-494, eff. 6-21-96;
23 89-683, eff. 6-1-97.)
24 (Text of Section from P.A. 89-502 and 89-683)
25 Sec. 7-103. "Quick-take". This Section applies only to
26 proceedings under this Article:
27 (1) by the State of Illinois, the Illinois Toll
28 Highway Authority or the St. Louis Metropolitan Area
29 Airport Authority for the acquisition of land or
30 interests therein for highway purposes;
31 (2) for the purpose specified in the Particle
32 Accelerator Land Acquisition Act;
33 (3) by the Illinois Department of Energy and
34 Natural Resources for the purpose specified in the
-33- LRB9002625DJcd
1 Superconducting Super Collider Act or the Illinois Coal
2 Development Bond Act;
3 (4) for construction, maintenance and operation of
4 a Superconducting Super Collider by the United States
5 Department of Energy, as authorized by Article 2 of the
6 Build Illinois Act;
7 (5) for the purpose specified in the St. Louis
8 Metropolitan Area Airport Authority Act;
9 (6) for a period of one year after June 30, 1995,
10 by the Southwestern Illinois Development Authority
11 pursuant to the Southwestern Illinois Development
12 Authority Act;
13 (7) for a period of 3 years after December 30,
14 1987, by the Quad Cities Regional Economic Development
15 Authority (except for the acquisition of land or
16 interests therein that is farmland, or upon which is
17 situated a farm dwelling and appurtenant structures, or
18 upon which is situated a residence, or which is wholly
19 within an area that is zoned for residential use)
20 pursuant to the Quad Cities Regional Economic Development
21 Authority Act;
22 (8) by a sanitary district created under the
23 Metropolitan Water Reclamation District Act for the
24 acquisition of land or interests therein for purposes
25 specified in that Act;
26 (9) by a rail carrier within the time limitations
27 and subject to the terms and conditions set forth in
28 Section 18c-7501 of the Illinois Vehicle Code;
29 (10) for a period of 18 months after January 26,
30 1987, for the purpose specified in Division 135 of
31 Article 11 of the Illinois Municipal Code, by a
32 commission created under Section 2 of the Water
33 Commission Act of 1985;
34 (11) by a village containing a population of less
-34- LRB9002625DJcd
1 than 15,000 for the purpose of acquiring property to be
2 used for a refuse derived fuel system designed to
3 generate steam and electricity, and for industrial
4 development that will utilize such steam and electricity,
5 pursuant to Section 11-19-10 of the Illinois Municipal
6 Code;
7 (12) after receiving the prior approval of the City
8 Council, by a municipality having a population of more
9 than 500,000 for the purposes set forth in Section
10 11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
11 Illinois Municipal Code, and for the same purposes when
12 established pursuant to home rule powers;
13 (13) by a home rule municipality, after a public
14 hearing held by the corporate authorities or by a
15 committee of the corporate authorities and after approval
16 by a majority of the corporate authorities, within an
17 area designated as an enterprise zone by the municipality
18 under the Illinois Enterprise Zone Act;
19 (14) by the Illinois Sports Facilities Authority
20 for the purpose specified in Section 12 of the Illinois
21 Sports Facilities Authority Act;
22 (15) by a municipality having a population of more
23 than 2,000,000 for the purpose of acquiring the property
24 described in Section 3 of the Sports Stadium Act;
25 (16) for a period of 18 months after July 29, 1986,
26 in any proceeding by the Board of Trustees of the
27 University of Illinois for the acquisition of land in
28 Champaign County or interests therein as a site for a
29 building or for any educational purpose;
30 (17) for a period of 2 years after July 1, 1990, by
31 a home rule municipality and a county board, upon
32 approval of a majority of the corporate authorities of
33 both the county board and the municipality, within an
34 area designated as an enterprise zone by the municipality
-35- LRB9002625DJcd
1 and the county board through an intergovernmental
2 agreement under the Illinois Enterprise Zone Act, when
3 the purpose of the condemnation proceeding is to acquire
4 land for the construction of an industrial harbor port,
5 and when the total amount of land to be acquired for that
6 purpose is less than 75 acres and is adjacent to the
7 Illinois River;
8 (18) by an airport authority located solely within
9 the boundaries of Madison County, Illinois, and which is
10 organized pursuant to the provisions of the Airport
11 Authorities Act, (i) for the acquisition of 160 acres, or
12 less, of land or interests therein for the purposes
13 specified in that Act which may be necessary to extend,
14 mark, and light runway 11/29 for a distance of 1600 feet
15 in length by 100 feet in width with parallel taxiway, to
16 relocate and mark County Highway 19, Madison County,
17 known as Moreland Road, to relocate the instrument
18 landing system including the approach lighting system and
19 to construct associated drainage, fencing and seeding
20 required for the foregoing project and (ii) for a period
21 of 6 months after December 28, 1989, for the acquisition
22 of 75 acres, or less, of land or interests therein for
23 the purposes specified in that Act which may be necessary
24 to extend, mark and light the south end of runway 17/35
25 at such airport;
26 (19) by any unit of local government for a
27 permanent easement for the purpose of maintaining,
28 dredging or cleaning the Little Calumet River;
29 (20) by any unit of local government for a
30 permanent easement for the purpose of maintaining,
31 dredging or cleaning the Salt Creek in DuPage County;
32 (21) by St. Clair County, Illinois, for the
33 development of a joint use facility at Scott Air Force
34 Base;
-36- LRB9002625DJcd
1 (22) by the Village of Summit, Illinois, to acquire
2 land for a waste to energy plant;
3 (23) for a period of 15 months after September 7,
4 1990, by the Department of Transportation or by any unit
5 of local government under the terms of an
6 intergovernmental cooperation agreement between the
7 Department of Transportation and the unit of local
8 government for the purpose of developing aviation
9 facilities in and around Chanute Air Force Base in
10 Champaign County, Illinois;
11 (24) for a period of 1 year after December 12,
12 1990, by the City of Morris for the development of the
13 Morris Municipal Airport;
14 (25) for a period of 1 year after June 19, 1991, by
15 the Greater Rockford Airport Authority for airport
16 expansion purposes;
17 (26) for a period of 24 months after June 30, 1991,
18 by the City of Aurora for completion of an instrument
19 landing system and construction of an east-west runway at
20 the Aurora Municipal Airport;
21 (27) for the acquisition by the Metropolitan Pier
22 and Exposition Authority of property described in
23 subsection (f) of Section 5 of the Metropolitan Pier and
24 Exposition Authority Act for the purposes of providing
25 additional grounds, buildings, and facilities related to
26 the purposes of the Metropolitan Pier and Exposition
27 Authority;
28 (28) for a period of 24 months after March 1, 1992,
29 by the Village of Wheeling and the City of Prospect
30 Heights, owners of the Palwaukee Municipal Airport, to
31 allow for the acquisition of right of way to complete the
32 realignment of Hintz Road and Wolf Road;
33 (29) for a period of one year from the effective
34 date of this amendatory Act of 1992, by the
-37- LRB9002625DJcd
1 Bloomington-Normal Airport Authority for airport
2 expansion purposes;
3 (30) for a period of 24 months after September 10,
4 1993, by the Cook County Highway Department and Lake
5 County Department of Transportation to allow for the
6 acquisition of necessary right-of-way for construction of
7 underpasses for Lake-Cook Road at the Chicago
8 Northwestern Railroad crossing, west of Skokie Boulevard,
9 and the Chicago, Milwaukee, St. Paul and Pacific Railroad
10 crossing, west of Waukegan Road;
11 (31) for a period of one year after December 23,
12 1993, by the City of Arcola and the City of Tuscola for
13 the development of the Arcola/Tuscola Water Transmission
14 Pipeline Project pursuant to the intergovernmental
15 agreement between the City of Arcola and the City of
16 Tuscola;
17 (32) for a period of 24 months from December 23,
18 1993, by the Village of Bensenville for the acquisition
19 of property bounded by Illinois Route 83 to the west and
20 O'Hare International Airport to the east to complete a
21 flood control project known as the Bensenville Ditch;
22 (33) for a period of 9 months after November 1,
23 1993, by the Medical Center Commission for the purpose of
24 acquiring a site for the Illinois State Police Forensic
25 Science Laboratory at Chicago, on the block bounded by
26 Roosevelt Road on the north, Wolcott Street on the east,
27 Washburn Street on the south, and Damen Avenue on the
28 west in Chicago, Illinois;
29 (34) for a period of 36 months after July 14, 1995,
30 by White County for the acquisition of a 3 1/2 mile
31 section of Bellaire Road, which is described as follows:
32 Commencing at the Northwest Corner of the Southeast 1/4
33 of Section 28, Township 6 South, Range 10 East of the 3rd
34 Principal Meridian; thence South to a point at the
-38- LRB9002625DJcd
1 Southwest Corner of the Southeast 1/4 of Section 9,
2 Township 7 South, Range 10 East of the 3rd Principal
3 Meridian;
4 (35) for a period of one year after July 14, 1995,
5 by the City of Aurora for permanent and temporary
6 easements except over land adjacent to Indian Creek and
7 west of Selmarten Creek located within the City of Aurora
8 for the construction of Phase II of the Indian Creek
9 Flood Control Project;
10 (35.1) for a period beginning June 24, 1995 (the
11 day following the effective date of Public Act 89-29) and
12 ending on July 13, 1995 (the day preceding the effective
13 date of Public Act 89-134), by the City of Aurora for
14 permanent and temporary easements for the construction of
15 Phase II of the Indian Creek Flood Control Project;
16 (36) for a period of 3 years from July 14, 1995, by
17 the Grand Avenue Railroad Relocation Authority for the
18 Grand Avenue Railroad Grade Separation Project within the
19 Village of Franklin Park, Illinois;
20 (37) for a period of 3 years after July 14, 1995,
21 by the Village of Romeoville for the acquisition of
22 rights-of-way for the 135th Street Bridge Project, lying
23 within the South 1/2 of Section 34, Township 37 North,
24 Range 10 East and the South 1/2 of Section 35, Township
25 37 North, Range 10 East of the Third Principal Meridian,
26 and the North 1/2 of Section 2, Township 36 North, Range
27 10 East and the North 1/2 of Section 3, Township 36
28 North, Range 10 East of the 3rd Principal Meridian, in
29 Will County, Illinois;
30 (37.1) for a period of 3 years after June 23,
31 1995, by the Illinois Department of Transportation for
32 the acquisition of rights-of-way for the 135th Street
33 Bridge Project between the Des Plaines River and New
34 Avenue lying within the South 1/2 of Section 35, Township
-39- LRB9002625DJcd
1 37 North, Range 10 East of the Third Principal Meridian
2 and the North 1/2 of Section 2, Township 36 North, Range
3 10 East of the 3rd Principal Meridian, in Will County,
4 Illinois;
5 (38) for a period beginning June 24, 1995 (the day
6 after the effective date of Public Act 89-29) and ending
7 18 months after July 14, 1995 (the effective date of
8 Public Act 89-134), by the Anna-Jonesboro Water
9 Commission for the acquisition of land and easements for
10 improvements to its water treatment and storage
11 facilities and water transmission pipes;
12 (39) for a period of 36 months after July 14, 1995,
13 by the City of Effingham for the acquisition of property
14 which is described as follows:
15 Tract 1:
16 Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
17 THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
18 thereof recorded in Book "K", Page 769, in the Recorder's
19 Office of Effingham County), situated in the City of
20 Effingham, County of Effingham and State of Illinois.
21 Tract 2:
22 The alley lying South and adjoining Tract 1, as
23 vacated by Ordinance recorded on July 28, 1937 in Book
24 183, Page 465, and all right, title and interest in and
25 to said alley as established by the Contract for Easement
26 recorded on August 4, 1937 in Book 183, Page 472;
27 (40) for a period of one year after July 14, 1995,
28 by the Village of Palatine for the acquisition of
29 property located along the south side of Dundee Road
30 between Rand Road and Hicks Road for redevelopment
31 purposes;
32 (41) for a period of 6 years after July 1, 1995,
33 for the acquisition by the Medical Center District of
34 property described in Section 3 of the Illinois Medical
-40- LRB9002625DJcd
1 District Act within the District Development Area as
2 described in Section 4 of that Act for the purposes set
3 forth in that Act;
4 (42) for a period of 18 months after the effective
5 date of this amendatory Act of 1996, by the Village of
6 Schaumburg for the acquisition of land, easements, and
7 aviation easements for the purpose of a public airport in
8 Cook and DuPage Counties; provided that if any
9 proceedings under the provisions of this Article are
10 pending on the effective date of this amendatory Act of
11 1996, "quick-take" may be utilized by the Village of
12 Schaumburg;
13 (43) for a period of one year after the effective
14 date of this amendatory Act of 1996, by the City of
15 Pinckneyville for the acquisition of land and easements
16 to provide for improvements to its water treatment and
17 storage facilities and water transmission pipes, and for
18 the construction of a sewerage treatment facility and
19 sewerage transmission pipes to serve the Illinois
20 Department of Corrections Pinckneyville Correctional
21 Facility;.
22 (48) by the Department of Transportation for
23 purposes of acquiring private property as specified in
24 the Meigs Field Airport Act.
25 In a proceeding subject to this Section, the
26 plaintiff, at any time after the complaint has been filed
27 and before judgment is entered in the proceeding, may
28 file a written motion requesting that, immediately or at
29 some specified later date, the plaintiff either be vested
30 with the fee simple title (or such lesser estate,
31 interest or easement, as may be required) to the real
32 property, or specified portion thereof, which is the
33 subject of the proceeding, and be authorized to take
34 possession of and use such property; or only be
-41- LRB9002625DJcd
1 authorized to take possession of and to use such
2 property, if such possession and use, without the vesting
3 of title, are sufficient to permit the plaintiff to
4 proceed with the project until the final ascertainment of
5 compensation; however, no land or interests therein now
6 or hereafter owned, leased, controlled or operated and
7 used by, or necessary for the actual operation of, any
8 common carrier engaged in interstate commerce, or any
9 other public utility subject to the jurisdiction of the
10 Illinois Commerce Commission, shall be taken or
11 appropriated hereunder by the State of Illinois, the
12 Illinois Toll Highway Authority, the sanitary district,
13 the St. Louis Metropolitan Area Airport Authority or the
14 Board of Trustees of the University of Illinois without
15 first securing the approval of such Commission.
16 Except as hereinafter stated, the motion for taking shall
17 state: (1) an accurate description of the property to which
18 the motion relates and the estate or interest sought to be
19 acquired therein; (2) the formally adopted schedule or plan
20 of operation for the execution of the plaintiff's project;
21 (3) the situation of the property to which the motion
22 relates, with respect to the schedule or plan; (4) the
23 necessity for taking such property in the manner requested in
24 the motion; and (5) if the property (except property
25 described in Section 3 of the Sports Stadium Act, or property
26 described as Site B in Section 2 of the Metropolitan Pier and
27 Exposition Authority Act, or property that is taken as
28 provided in the Meigs Field Airport Act) to be taken is
29 owned, leased, controlled or operated and used by, or
30 necessary for the actual operation of, any interstate common
31 carrier or other public utility subject to the jurisdiction
32 of the Illinois Commerce Commission, a statement to the
33 effect that the approval of such proposed taking has been
34 secured from such Commission, and attaching to such motion a
-42- LRB9002625DJcd
1 certified copy of the order of such Commission granting such
2 approval. If the schedule or plan of operation is not set
3 forth fully in the motion, a copy of such schedule or plan
4 shall be attached to the motion.
5 In any proceeding for the purpose specified in the
6 Particle Accelerator Land Acquisition Act or for the
7 acquisition by the Department of Energy and Natural Resources
8 of land to accommodate the construction, maintenance and
9 operation of a Superconducting Super Collider, the motion
10 need not state or have attached thereto a formally adopted
11 schedule or plan of operation.
12 (Source: P.A. 88-486; 88-526; 88-670, eff. 12-2-94; 89-29,
13 eff. 6-23-95; 89-134, eff. 7-14-95; 89-343, eff. 8-17-95;
14 89-356, eff. 8-17-95; revised 8-25-95; 89-502, eff. 6-28-96;
15 89-683, eff. 6-1-97.)
16 (Text of Section from P.A. 89-504 and 89-683)
17 Sec. 7-103. "Quick-take". This Section applies only to
18 proceedings under this Article:
19 (1) by the State of Illinois, the Illinois Toll
20 Highway Authority or the St. Louis Metropolitan Area
21 Airport Authority for the acquisition of land or
22 interests therein for highway purposes;
23 (2) for the purpose specified in the Particle
24 Accelerator Land Acquisition Act;
25 (3) by the Illinois Department of Energy and
26 Natural Resources for the purpose specified in the
27 Superconducting Super Collider Act or the Illinois Coal
28 Development Bond Act;
29 (4) for construction, maintenance and operation of
30 a Superconducting Super Collider by the United States
31 Department of Energy, as authorized by Article 2 of the
32 Build Illinois Act;
33 (5) for the purpose specified in the St. Louis
34 Metropolitan Area Airport Authority Act;
-43- LRB9002625DJcd
1 (6) for a period of one year after June 30, 1995,
2 by the Southwestern Illinois Development Authority
3 pursuant to the Southwestern Illinois Development
4 Authority Act;
5 (7) for a period of 3 years after December 30,
6 1987, by the Quad Cities Regional Economic Development
7 Authority (except for the acquisition of land or
8 interests therein that is farmland, or upon which is
9 situated a farm dwelling and appurtenant structures, or
10 upon which is situated a residence, or which is wholly
11 within an area that is zoned for residential use)
12 pursuant to the Quad Cities Regional Economic Development
13 Authority Act;
14 (8) by a sanitary district created under the
15 Metropolitan Water Reclamation District Act for the
16 acquisition of land or interests therein for purposes
17 specified in that Act;
18 (9) by a rail carrier within the time limitations
19 and subject to the terms and conditions set forth in
20 Section 18c-7501 of the Illinois Vehicle Code;
21 (10) for a period of 18 months after January 26,
22 1987, for the purpose specified in Division 135 of
23 Article 11 of the Illinois Municipal Code, by a
24 commission created under Section 2 of the Water
25 Commission Act of 1985;
26 (11) by a village containing a population of less
27 than 15,000 for the purpose of acquiring property to be
28 used for a refuse derived fuel system designed to
29 generate steam and electricity, and for industrial
30 development that will utilize such steam and electricity,
31 pursuant to Section 11-19-10 of the Illinois Municipal
32 Code;
33 (12) after receiving the prior approval of the City
34 Council, by a municipality having a population of more
-44- LRB9002625DJcd
1 than 500,000 for the purposes set forth in Section
2 11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
3 Illinois Municipal Code, and for the same purposes when
4 established pursuant to home rule powers;
5 (13) by a home rule municipality, after a public
6 hearing held by the corporate authorities or by a
7 committee of the corporate authorities and after approval
8 by a majority of the corporate authorities, within an
9 area designated as an enterprise zone by the municipality
10 under the Illinois Enterprise Zone Act;
11 (14) by the Illinois Sports Facilities Authority
12 for the purpose specified in Section 12 of the Illinois
13 Sports Facilities Authority Act;
14 (15) by a municipality having a population of more
15 than 2,000,000 for the purpose of acquiring the property
16 described in Section 3 of the Sports Stadium Act;
17 (16) for a period of 18 months after July 29, 1986,
18 in any proceeding by the Board of Trustees of the
19 University of Illinois for the acquisition of land in
20 Champaign County or interests therein as a site for a
21 building or for any educational purpose;
22 (17) for a period of 2 years after July 1, 1990, by
23 a home rule municipality and a county board, upon
24 approval of a majority of the corporate authorities of
25 both the county board and the municipality, within an
26 area designated as an enterprise zone by the municipality
27 and the county board through an intergovernmental
28 agreement under the Illinois Enterprise Zone Act, when
29 the purpose of the condemnation proceeding is to acquire
30 land for the construction of an industrial harbor port,
31 and when the total amount of land to be acquired for that
32 purpose is less than 75 acres and is adjacent to the
33 Illinois River;
34 (18) by an airport authority located solely within
-45- LRB9002625DJcd
1 the boundaries of Madison County, Illinois, and which is
2 organized pursuant to the provisions of the Airport
3 Authorities Act, (i) for the acquisition of 160 acres, or
4 less, of land or interests therein for the purposes
5 specified in that Act which may be necessary to extend,
6 mark, and light runway 11/29 for a distance of 1600 feet
7 in length by 100 feet in width with parallel taxiway, to
8 relocate and mark County Highway 19, Madison County,
9 known as Moreland Road, to relocate the instrument
10 landing system including the approach lighting system and
11 to construct associated drainage, fencing and seeding
12 required for the foregoing project and (ii) for a period
13 of 6 months after December 28, 1989, for the acquisition
14 of 75 acres, or less, of land or interests therein for
15 the purposes specified in that Act which may be necessary
16 to extend, mark and light the south end of runway 17/35
17 at such airport;
18 (19) by any unit of local government for a
19 permanent easement for the purpose of maintaining,
20 dredging or cleaning the Little Calumet River;
21 (20) by any unit of local government for a
22 permanent easement for the purpose of maintaining,
23 dredging or cleaning the Salt Creek in DuPage County;
24 (21) by St. Clair County, Illinois, for the
25 development of a joint use facility at Scott Air Force
26 Base;
27 (22) by the Village of Summit, Illinois, to acquire
28 land for a waste to energy plant;
29 (23) for a period of 15 months after September 7,
30 1990, by the Department of Transportation or by any unit
31 of local government under the terms of an
32 intergovernmental cooperation agreement between the
33 Department of Transportation and the unit of local
34 government for the purpose of developing aviation
-46- LRB9002625DJcd
1 facilities in and around Chanute Air Force Base in
2 Champaign County, Illinois;
3 (24) for a period of 1 year after December 12,
4 1990, by the City of Morris for the development of the
5 Morris Municipal Airport;
6 (25) for a period of 1 year after June 19, 1991, by
7 the Greater Rockford Airport Authority for airport
8 expansion purposes;
9 (26) for a period of 24 months after June 30, 1991,
10 by the City of Aurora for completion of an instrument
11 landing system and construction of an east-west runway at
12 the Aurora Municipal Airport;
13 (27) for the acquisition by the Metropolitan Pier
14 and Exposition Authority of property described in
15 subsection (f) of Section 5 of the Metropolitan Pier and
16 Exposition Authority Act for the purposes of providing
17 additional grounds, buildings, and facilities related to
18 the purposes of the Metropolitan Pier and Exposition
19 Authority;
20 (28) for a period of 24 months after March 1, 1992,
21 by the Village of Wheeling and the City of Prospect
22 Heights, owners of the Palwaukee Municipal Airport, to
23 allow for the acquisition of right of way to complete the
24 realignment of Hintz Road and Wolf Road;
25 (29) for a period of one year from the effective
26 date of this amendatory Act of 1992, by the
27 Bloomington-Normal Airport Authority for airport
28 expansion purposes;
29 (30) for a period of 24 months after September 10,
30 1993, by the Cook County Highway Department and Lake
31 County Department of Transportation to allow for the
32 acquisition of necessary right-of-way for construction of
33 underpasses for Lake-Cook Road at the Chicago
34 Northwestern Railroad crossing, west of Skokie Boulevard,
-47- LRB9002625DJcd
1 and the Chicago, Milwaukee, St. Paul and Pacific Railroad
2 crossing, west of Waukegan Road;
3 (31) for a period of one year after December 23,
4 1993, by the City of Arcola and the City of Tuscola for
5 the development of the Arcola/Tuscola Water Transmission
6 Pipeline Project pursuant to the intergovernmental
7 agreement between the City of Arcola and the City of
8 Tuscola;
9 (32) for a period of 24 months from December 23,
10 1993, by the Village of Bensenville for the acquisition
11 of property bounded by Illinois Route 83 to the west and
12 O'Hare International Airport to the east to complete a
13 flood control project known as the Bensenville Ditch;
14 (33) for a period of 9 months after November 1,
15 1993, by the Medical Center Commission for the purpose of
16 acquiring a site for the Illinois State Police Forensic
17 Science Laboratory at Chicago, on the block bounded by
18 Roosevelt Road on the north, Wolcott Street on the east,
19 Washburn Street on the south, and Damen Avenue on the
20 west in Chicago, Illinois;
21 (34) for a period of 36 months after July 14, 1995,
22 by White County for the acquisition of a 3 1/2 mile
23 section of Bellaire Road, which is described as follows:
24 Commencing at the Northwest Corner of the Southeast 1/4
25 of Section 28, Township 6 South, Range 10 East of the 3rd
26 Principal Meridian; thence South to a point at the
27 Southwest Corner of the Southeast 1/4 of Section 9,
28 Township 7 South, Range 10 East of the 3rd Principal
29 Meridian;
30 (35) for a period of one year after July 14, 1995,
31 by the City of Aurora for permanent and temporary
32 easements except over land adjacent to Indian Creek and
33 west of Selmarten Creek located within the City of Aurora
34 for the construction of Phase II of the Indian Creek
-48- LRB9002625DJcd
1 Flood Control Project;
2 (35.1) for a period beginning June 24, 1995 (the
3 day following the effective date of Public Act 89-29) and
4 ending on July 13, 1995 (the day preceding the effective
5 date of Public Act 89-134), by the City of Aurora for
6 permanent and temporary easements for the construction of
7 Phase II of the Indian Creek Flood Control Project;
8 (36) for a period of 3 years from July 14, 1995, by
9 the Grand Avenue Railroad Relocation Authority for the
10 Grand Avenue Railroad Grade Separation Project within the
11 Village of Franklin Park, Illinois;
12 (37) for a period of 3 years after July 14, 1995,
13 by the Village of Romeoville for the acquisition of
14 rights-of-way for the 135th Street Bridge Project between
15 the Des Plaines River and New Avenue lying within the
16 South 1/2 of Section 35, Township 37 North, Range 10 East
17 of the Third Principal Meridian and the North 1/2 of
18 Section 2, Township 36 North, Range 10 East of the 3rd
19 Principal Meridian, in Will County, Illinois;
20 (37.1) for a period of 3 years after June 23,
21 1995, by the Illinois Department of Transportation for
22 the acquisition of rights-of-way for the 135th Street
23 Bridge Project between the Des Plaines River and New
24 Avenue lying within the South 1/2 of Section 35, Township
25 37 North, Range 10 East of the Third Principal Meridian
26 and the North 1/2 of Section 2, Township 36 North, Range
27 10 East of the 3rd Principal Meridian, in Will County,
28 Illinois;
29 (38) for a period beginning June 24, 1995 (the day
30 after the effective date of Public Act 89-29) and ending
31 18 months after July 14, 1995 (the effective date of
32 Public Act 89-134), by the Anna-Jonesboro Water
33 Commission for the acquisition of land and easements for
34 improvements to its water treatment and storage
-49- LRB9002625DJcd
1 facilities and water transmission pipes;
2 (39) for a period of 36 months after July 14, 1995,
3 by the City of Effingham for the acquisition of property
4 which is described as follows:
5 Tract 1:
6 Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
7 THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
8 thereof recorded in Book "K", Page 769, in the Recorder's
9 Office of Effingham County), situated in the City of
10 Effingham, County of Effingham and State of Illinois.
11 Tract 2:
12 The alley lying South and adjoining Tract 1, as
13 vacated by Ordinance recorded on July 28, 1937 in Book
14 183, Page 465, and all right, title and interest in and
15 to said alley as established by the Contract for Easement
16 recorded on August 4, 1937 in Book 183, Page 472;
17 (40) for a period of one year after July 14, 1995,
18 by the Village of Palatine for the acquisition of
19 property located along the south side of Dundee Road
20 between Rand Road and Hicks Road for redevelopment
21 purposes;
22 (41) for a period of 6 years after July 1, 1995,
23 for the acquisition by the Medical Center District of
24 property described in Section 3 of the Illinois Medical
25 District Act within the District Development Area as
26 described in Section 4 of that Act for the purposes set
27 forth in that Act;
28 (42) for a period of 6 months after the effective
29 date of this amendatory Act of 1996, by the City of
30 Streator for the acquisition of property described as
31 follows for a first flush basin sanitary sewer system:
32 Tract 5: That part of lots 20 and 21 in Block
33 6 in Moore and Plumb's addition to the city of
34 Streator, Illinois, lying south of the right of way
-50- LRB9002625DJcd
1 of the switch track of the Norfolk and Western
2 Railroad (now abandoned) in the county of LaSalle,
3 state of Illinois.
4 Tract 6: That part of lots 30, 31 and 32 in
5 Block 7 in Moore and Plumb's Addition to the city of
6 Streator, Illinois, lying north of the centerline of
7 Coal Run Creek and south of the right of way of the
8 switch track of the Norfolk and Western Railroad
9 (now abandoned) in the county of LaSalle, state of
10 Illinois;.
11 (48) by the Department of Transportation for
12 purposes of acquiring private property as specified in
13 the Meigs Field Airport Act.
14 In a proceeding subject to this Section, the plaintiff,
15 at any time after the complaint has been filed and before
16 judgment is entered in the proceeding, may file a written
17 motion requesting that, immediately or at some specified
18 later date, the plaintiff either be vested with the fee
19 simple title (or such lesser estate, interest or easement, as
20 may be required) to the real property, or specified portion
21 thereof, which is the subject of the proceeding, and be
22 authorized to take possession of and use such property; or
23 only be authorized to take possession of and to use such
24 property, if such possession and use, without the vesting of
25 title, are sufficient to permit the plaintiff to proceed with
26 the project until the final ascertainment of compensation;
27 however, no land or interests therein now or hereafter owned,
28 leased, controlled or operated and used by, or necessary for
29 the actual operation of, any common carrier engaged in
30 interstate commerce, or any other public utility subject to
31 the jurisdiction of the Illinois Commerce Commission, shall
32 be taken or appropriated hereunder by the State of Illinois,
33 the Illinois Toll Highway Authority, the sanitary district,
34 the St. Louis Metropolitan Area Airport Authority or the
-51- LRB9002625DJcd
1 Board of Trustees of the University of Illinois without first
2 securing the approval of such Commission.
3 Except as hereinafter stated, the motion for taking shall
4 state: (1) an accurate description of the property to which
5 the motion relates and the estate or interest sought to be
6 acquired therein; (2) the formally adopted schedule or plan
7 of operation for the execution of the plaintiff's project;
8 (3) the situation of the property to which the motion
9 relates, with respect to the schedule or plan; (4) the
10 necessity for taking such property in the manner requested in
11 the motion; and (5) if the property (except property
12 described in Section 3 of the Sports Stadium Act, or property
13 described as Site B in Section 2 of the Metropolitan Pier and
14 Exposition Authority Act, or property that is taken as
15 provided in the Meigs Field Airport Act) to be taken is
16 owned, leased, controlled or operated and used by, or
17 necessary for the actual operation of, any interstate common
18 carrier or other public utility subject to the jurisdiction
19 of the Illinois Commerce Commission, a statement to the
20 effect that the approval of such proposed taking has been
21 secured from such Commission, and attaching to such motion a
22 certified copy of the order of such Commission granting such
23 approval. If the schedule or plan of operation is not set
24 forth fully in the motion, a copy of such schedule or plan
25 shall be attached to the motion.
26 In any proceeding for the purpose specified in the
27 Particle Accelerator Land Acquisition Act or for the
28 acquisition by the Department of Energy and Natural Resources
29 of land to accommodate the construction, maintenance and
30 operation of a Superconducting Super Collider, the motion
31 need not state or have attached thereto a formally adopted
32 schedule or plan of operation.
33 (Source: P.A. 88-486; 88-526; 88-670, eff. 12-2-94; 89-29,
34 eff. 6-23-95; 89-134, eff. 7-14-95; 89-343, eff. 8-17-95;
-52- LRB9002625DJcd
1 89-356, eff. 8-17-95; revised 8-25-95; 89-504, eff. 6-28-96;
2 89-683, eff. 6-1-97.)
3 (Text of Section from P.A. 89-592 and 89-683)
4 Sec. 7-103. "Quick-take". This Section applies only to
5 proceedings under this Article:
6 (1) by the State of Illinois, the Illinois Toll
7 Highway Authority or the St. Louis Metropolitan Area
8 Airport Authority for the acquisition of land or
9 interests therein for highway purposes;
10 (2) for the purpose specified in the Particle
11 Accelerator Land Acquisition Act;
12 (3) by the Illinois Department of Energy and
13 Natural Resources for the purpose specified in the
14 Superconducting Super Collider Act or the Illinois Coal
15 Development Bond Act;
16 (4) for construction, maintenance and operation of
17 a Superconducting Super Collider by the United States
18 Department of Energy, as authorized by Article 2 of the
19 Build Illinois Act;
20 (5) for the purpose specified in the St. Louis
21 Metropolitan Area Airport Authority Act;
22 (6) for a period of one year after June 30, 1995,
23 by the Southwestern Illinois Development Authority
24 pursuant to the Southwestern Illinois Development
25 Authority Act;
26 (7) for a period of 3 years after December 30,
27 1987, by the Quad Cities Regional Economic Development
28 Authority (except for the acquisition of land or
29 interests therein that is farmland, or upon which is
30 situated a farm dwelling and appurtenant structures, or
31 upon which is situated a residence, or which is wholly
32 within an area that is zoned for residential use)
33 pursuant to the Quad Cities Regional Economic Development
34 Authority Act;
-53- LRB9002625DJcd
1 (8) by a sanitary district created under the
2 Metropolitan Water Reclamation District Act for the
3 acquisition of land or interests therein for purposes
4 specified in that Act;
5 (9) by a rail carrier within the time limitations
6 and subject to the terms and conditions set forth in
7 Section 18c-7501 of the Illinois Vehicle Code;
8 (10) for a period of 18 months after January 26,
9 1987, for the purpose specified in Division 135 of
10 Article 11 of the Illinois Municipal Code, by a
11 commission created under Section 2 of the Water
12 Commission Act of 1985;
13 (11) by a village containing a population of less
14 than 15,000 for the purpose of acquiring property to be
15 used for a refuse derived fuel system designed to
16 generate steam and electricity, and for industrial
17 development that will utilize such steam and electricity,
18 pursuant to Section 11-19-10 of the Illinois Municipal
19 Code;
20 (12) after receiving the prior approval of the City
21 Council, by a municipality having a population of more
22 than 500,000 for the purposes set forth in Section
23 11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
24 Illinois Municipal Code, and for the same purposes when
25 established pursuant to home rule powers;
26 (13) by a home rule municipality, after a public
27 hearing held by the corporate authorities or by a
28 committee of the corporate authorities and after approval
29 by a majority of the corporate authorities, within an
30 area designated as an enterprise zone by the municipality
31 under the Illinois Enterprise Zone Act;
32 (14) by the Illinois Sports Facilities Authority
33 for the purpose specified in Section 12 of the Illinois
34 Sports Facilities Authority Act;
-54- LRB9002625DJcd
1 (15) by a municipality having a population of more
2 than 2,000,000 for the purpose of acquiring the property
3 described in Section 3 of the Sports Stadium Act;
4 (16) for a period of 18 months after July 29, 1986,
5 in any proceeding by the Board of Trustees of the
6 University of Illinois for the acquisition of land in
7 Champaign County or interests therein as a site for a
8 building or for any educational purpose;
9 (17) for a period of 2 years after July 1, 1990, by
10 a home rule municipality and a county board, upon
11 approval of a majority of the corporate authorities of
12 both the county board and the municipality, within an
13 area designated as an enterprise zone by the municipality
14 and the county board through an intergovernmental
15 agreement under the Illinois Enterprise Zone Act, when
16 the purpose of the condemnation proceeding is to acquire
17 land for the construction of an industrial harbor port,
18 and when the total amount of land to be acquired for that
19 purpose is less than 75 acres and is adjacent to the
20 Illinois River;
21 (18) by an airport authority located solely within
22 the boundaries of Madison County, Illinois, and which is
23 organized pursuant to the provisions of the Airport
24 Authorities Act, (i) for the acquisition of 160 acres, or
25 less, of land or interests therein for the purposes
26 specified in that Act which may be necessary to extend,
27 mark, and light runway 11/29 for a distance of 1600 feet
28 in length by 100 feet in width with parallel taxiway, to
29 relocate and mark County Highway 19, Madison County,
30 known as Moreland Road, to relocate the instrument
31 landing system including the approach lighting system and
32 to construct associated drainage, fencing and seeding
33 required for the foregoing project and (ii) for a period
34 of 6 months after December 28, 1989, for the acquisition
-55- LRB9002625DJcd
1 of 75 acres, or less, of land or interests therein for
2 the purposes specified in that Act which may be necessary
3 to extend, mark and light the south end of runway 17/35
4 at such airport;
5 (19) by any unit of local government for a
6 permanent easement for the purpose of maintaining,
7 dredging or cleaning the Little Calumet River;
8 (20) by any unit of local government for a
9 permanent easement for the purpose of maintaining,
10 dredging or cleaning the Salt Creek in DuPage County;
11 (21) by St. Clair County, Illinois, for the
12 development of a joint use facility at Scott Air Force
13 Base;
14 (22) by the Village of Summit, Illinois, to acquire
15 land for a waste to energy plant;
16 (23) for a period of 15 months after September 7,
17 1990, by the Department of Transportation or by any unit
18 of local government under the terms of an
19 intergovernmental cooperation agreement between the
20 Department of Transportation and the unit of local
21 government for the purpose of developing aviation
22 facilities in and around Chanute Air Force Base in
23 Champaign County, Illinois;
24 (24) for a period of 1 year after December 12,
25 1990, by the City of Morris for the development of the
26 Morris Municipal Airport;
27 (25) for a period of 1 year after June 19, 1991, by
28 the Greater Rockford Airport Authority for airport
29 expansion purposes;
30 (26) for a period of 24 months after June 30, 1991,
31 by the City of Aurora for completion of an instrument
32 landing system and construction of an east-west runway at
33 the Aurora Municipal Airport;
34 (27) for the acquisition by the Metropolitan Pier
-56- LRB9002625DJcd
1 and Exposition Authority of property described in
2 subsection (f) of Section 5 of the Metropolitan Pier and
3 Exposition Authority Act for the purposes of providing
4 additional grounds, buildings, and facilities related to
5 the purposes of the Metropolitan Pier and Exposition
6 Authority;
7 (28) for a period of 24 months after March 1, 1992,
8 by the Village of Wheeling and the City of Prospect
9 Heights, owners of the Palwaukee Municipal Airport, to
10 allow for the acquisition of right of way to complete the
11 realignment of Hintz Road and Wolf Road;
12 (29) for a period of one year from the effective
13 date of this amendatory Act of 1992, by the
14 Bloomington-Normal Airport Authority for airport
15 expansion purposes;
16 (30) for a period of 24 months after September 10,
17 1993, by the Cook County Highway Department and Lake
18 County Department of Transportation to allow for the
19 acquisition of necessary right-of-way for construction of
20 underpasses for Lake-Cook Road at the Chicago
21 Northwestern Railroad crossing, west of Skokie Boulevard,
22 and the Chicago, Milwaukee, St. Paul and Pacific Railroad
23 crossing, west of Waukegan Road;
24 (31) for a period of one year after December 23,
25 1993, by the City of Arcola and the City of Tuscola for
26 the development of the Arcola/Tuscola Water Transmission
27 Pipeline Project pursuant to the intergovernmental
28 agreement between the City of Arcola and the City of
29 Tuscola;
30 (32) for a period of 24 months from December 23,
31 1993, by the Village of Bensenville for the acquisition
32 of property bounded by Illinois Route 83 to the west and
33 O'Hare International Airport to the east to complete a
34 flood control project known as the Bensenville Ditch;
-57- LRB9002625DJcd
1 (33) for a period of 9 months after November 1,
2 1993, by the Medical Center Commission for the purpose of
3 acquiring a site for the Illinois State Police Forensic
4 Science Laboratory at Chicago, on the block bounded by
5 Roosevelt Road on the north, Wolcott Street on the east,
6 Washburn Street on the south, and Damen Avenue on the
7 west in Chicago, Illinois;
8 (34) for a period of 36 months after July 14, 1995,
9 by White County for the acquisition of a 3 1/2 mile
10 section of Bellaire Road, which is described as follows:
11 Commencing at the Northwest Corner of the Southeast 1/4
12 of Section 28, Township 6 South, Range 10 East of the 3rd
13 Principal Meridian; thence South to a point at the
14 Southwest Corner of the Southeast 1/4 of Section 9,
15 Township 7 South, Range 10 East of the 3rd Principal
16 Meridian;
17 (35) for a period of one year after July 14, 1995,
18 by the City of Aurora for permanent and temporary
19 easements except over land adjacent to Indian Creek and
20 west of Selmarten Creek located within the City of Aurora
21 for the construction of Phase II of the Indian Creek
22 Flood Control Project;
23 (35.1) for a period beginning June 24, 1995 (the
24 day following the effective date of Public Act 89-29) and
25 ending on July 13, 1995 (the day preceding the effective
26 date of Public Act 89-134), by the City of Aurora for
27 permanent and temporary easements for the construction of
28 Phase II of the Indian Creek Flood Control Project;
29 (36) for a period of 3 years from July 14, 1995, by
30 the Grand Avenue Railroad Relocation Authority for the
31 Grand Avenue Railroad Grade Separation Project within the
32 Village of Franklin Park, Illinois;
33 (37) for a period of 3 years after July 14, 1995,
34 by the Village of Romeoville for the acquisition of
-58- LRB9002625DJcd
1 rights-of-way for the 135th Street Bridge Project between
2 the Des Plaines River and New Avenue lying within the
3 South 1/2 of Section 35, Township 37 North, Range 10 East
4 of the Third Principal Meridian and the North 1/2 of
5 Section 2, Township 36 North, Range 10 East of the 3rd
6 Principal Meridian, in Will County, Illinois;
7 (37.1) for a period of 3 years after June 23,
8 1995, by the Illinois Department of Transportation for
9 the acquisition of rights-of-way for the 135th Street
10 Bridge Project between the Des Plaines River and New
11 Avenue lying within the South 1/2 of Section 35, Township
12 37 North, Range 10 East of the Third Principal Meridian
13 and the North 1/2 of Section 2, Township 36 North, Range
14 10 East of the 3rd Principal Meridian, in Will County,
15 Illinois;
16 (38) for a period beginning June 24, 1995 (the day
17 after the effective date of Public Act 89-29) and ending
18 18 months after July 14, 1995 (the effective date of
19 Public Act 89-134), by the Anna-Jonesboro Water
20 Commission for the acquisition of land and easements for
21 improvements to its water treatment and storage
22 facilities and water transmission pipes;
23 (39) for a period of 36 months after July 14, 1995,
24 by the City of Effingham for the acquisition of property
25 which is described as follows:
26 Tract 1:
27 Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
28 THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
29 thereof recorded in Book "K", Page 769, in the Recorder's
30 Office of Effingham County), situated in the City of
31 Effingham, County of Effingham and State of Illinois.
32 Tract 2:
33 The alley lying South and adjoining Tract 1, as
34 vacated by Ordinance recorded on July 28, 1937 in Book
-59- LRB9002625DJcd
1 183, Page 465, and all right, title and interest in and
2 to said alley as established by the Contract for Easement
3 recorded on August 4, 1937 in Book 183, Page 472;
4 (40) for a period of one year after July 14, 1995,
5 by the Village of Palatine for the acquisition of
6 property located along the south side of Dundee Road
7 between Rand Road and Hicks Road for redevelopment
8 purposes;
9 (41) for a period of 6 years after July 1, 1995,
10 for the acquisition by the Medical Center District of
11 property described in Section 3 of the Illinois Medical
12 District Act within the District Development Area as
13 described in Section 4 of that Act for the purposes set
14 forth in that Act;
15 (42) by the Village of River Forest, Illinois,
16 within the area designated as a tax increment financing
17 district when the purpose of the condemnation proceeding
18 is to acquire land for any of the purposes contained in
19 the River Forest Tax Increment Financing Plan or
20 authorized by the Tax Increment Allocation Redevelopment
21 Act, provided that condemnation of any property zoned and
22 used exclusively for residential purposes shall be
23 prohibited;.
24 (48) by the Department of Transportation for
25 purposes of acquiring private property as specified in
26 the Meigs Field Airport Act.
27 In a proceeding subject to this Section, the plaintiff,
28 at any time after the complaint has been filed and before
29 judgment is entered in the proceeding, may file a written
30 motion requesting that, immediately or at some specified
31 later date, the plaintiff either be vested with the fee
32 simple title (or such lesser estate, interest or easement, as
33 may be required) to the real property, or specified portion
34 thereof, which is the subject of the proceeding, and be
-60- LRB9002625DJcd
1 authorized to take possession of and use such property; or
2 only be authorized to take possession of and to use such
3 property, if such possession and use, without the vesting of
4 title, are sufficient to permit the plaintiff to proceed with
5 the project until the final ascertainment of compensation;
6 however, no land or interests therein now or hereafter owned,
7 leased, controlled or operated and used by, or necessary for
8 the actual operation of, any common carrier engaged in
9 interstate commerce, or any other public utility subject to
10 the jurisdiction of the Illinois Commerce Commission, shall
11 be taken or appropriated hereunder by the State of Illinois,
12 the Illinois Toll Highway Authority, the sanitary district,
13 the St. Louis Metropolitan Area Airport Authority or the
14 Board of Trustees of the University of Illinois without first
15 securing the approval of such Commission.
16 Except as hereinafter stated, the motion for taking shall
17 state: (1) an accurate description of the property to which
18 the motion relates and the estate or interest sought to be
19 acquired therein; (2) the formally adopted schedule or plan
20 of operation for the execution of the plaintiff's project;
21 (3) the situation of the property to which the motion
22 relates, with respect to the schedule or plan; (4) the
23 necessity for taking such property in the manner requested in
24 the motion; and (5) if the property (except property
25 described in Section 3 of the Sports Stadium Act, or property
26 described as Site B in Section 2 of the Metropolitan Pier and
27 Exposition Authority Act, or property that is taken as
28 provided in the Meigs Field Airport Act) to be taken is
29 owned, leased, controlled or operated and used by, or
30 necessary for the actual operation of, any interstate common
31 carrier or other public utility subject to the jurisdiction
32 of the Illinois Commerce Commission, a statement to the
33 effect that the approval of such proposed taking has been
34 secured from such Commission, and attaching to such motion a
-61- LRB9002625DJcd
1 certified copy of the order of such Commission granting such
2 approval. If the schedule or plan of operation is not set
3 forth fully in the motion, a copy of such schedule or plan
4 shall be attached to the motion.
5 In any proceeding for the purpose specified in the
6 Particle Accelerator Land Acquisition Act or for the
7 acquisition by the Department of Energy and Natural Resources
8 of land to accommodate the construction, maintenance and
9 operation of a Superconducting Super Collider, the motion
10 need not state or have attached thereto a formally adopted
11 schedule or plan of operation.
12 (Source: P.A. 88-486; 88-526; 88-670, eff. 12-2-94; 89-29,
13 eff. 6-23-95; 89-134, eff. 7-14-95; 89-343, eff. 8-17-95;
14 89-356, eff. 8-17-95; revised 8-25-95; 89-592, eff. 8-1-96;
15 89-683, eff. 6-1-97.)
16 (Text of Section from P.A. 89-626 and 89-683)
17 Sec. 7-103. "Quick-take". This Section applies only to
18 proceedings under this Article:
19 (1) by the State of Illinois, the Illinois Toll
20 Highway Authority or the St. Louis Metropolitan Area
21 Airport Authority for the acquisition of land or
22 interests therein for highway purposes;
23 (2) for the purpose specified in the Particle
24 Accelerator Land Acquisition Act;
25 (3) by the Illinois Department of Energy and
26 Natural Resources for the purpose specified in the
27 Superconducting Super Collider Act or the Illinois Coal
28 Development Bond Act;
29 (4) for construction, maintenance and operation of
30 a Superconducting Super Collider by the United States
31 Department of Energy, as authorized by Article 2 of the
32 Build Illinois Act;
33 (5) for the purpose specified in the St. Louis
34 Metropolitan Area Airport Authority Act;
-62- LRB9002625DJcd
1 (6) for a period of one year after June 30, 1995,
2 by the Southwestern Illinois Development Authority
3 pursuant to the Southwestern Illinois Development
4 Authority Act;
5 (7) for a period of 3 years after December 30,
6 1987, by the Quad Cities Regional Economic Development
7 Authority (except for the acquisition of land or
8 interests therein that is farmland, or upon which is
9 situated a farm dwelling and appurtenant structures, or
10 upon which is situated a residence, or which is wholly
11 within an area that is zoned for residential use)
12 pursuant to the Quad Cities Regional Economic Development
13 Authority Act;
14 (8) by a sanitary district created under the
15 Metropolitan Water Reclamation District Act for the
16 acquisition of land or interests therein for purposes
17 specified in that Act;
18 (9) by a rail carrier within the time limitations
19 and subject to the terms and conditions set forth in
20 Section 18c-7501 of the Illinois Vehicle Code;
21 (10) for a period of 18 months after January 26,
22 1987, for the purpose specified in Division 135 of
23 Article 11 of the Illinois Municipal Code, by a
24 commission created under Section 2 of the Water
25 Commission Act of 1985;
26 (11) by a village containing a population of less
27 than 15,000 for the purpose of acquiring property to be
28 used for a refuse derived fuel system designed to
29 generate steam and electricity, and for industrial
30 development that will utilize such steam and electricity,
31 pursuant to Section 11-19-10 of the Illinois Municipal
32 Code;
33 (12) after receiving the prior approval of the City
34 Council, by a municipality having a population of more
-63- LRB9002625DJcd
1 than 500,000 for the purposes set forth in Section
2 11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
3 Illinois Municipal Code, and for the same purposes when
4 established pursuant to home rule powers;
5 (13) by a home rule municipality, after a public
6 hearing held by the corporate authorities or by a
7 committee of the corporate authorities and after approval
8 by a majority of the corporate authorities, within an
9 area designated as an enterprise zone by the municipality
10 under the Illinois Enterprise Zone Act;
11 (14) by the Illinois Sports Facilities Authority
12 for the purpose specified in Section 12 of the Illinois
13 Sports Facilities Authority Act;
14 (15) by a municipality having a population of more
15 than 2,000,000 for the purpose of acquiring the property
16 described in Section 3 of the Sports Stadium Act;
17 (16) for a period of 18 months after July 29, 1986,
18 in any proceeding by the Board of Trustees of the
19 University of Illinois for the acquisition of land in
20 Champaign County or interests therein as a site for a
21 building or for any educational purpose;
22 (17) for a period of 2 years after July 1, 1990, by
23 a home rule municipality and a county board, upon
24 approval of a majority of the corporate authorities of
25 both the county board and the municipality, within an
26 area designated as an enterprise zone by the municipality
27 and the county board through an intergovernmental
28 agreement under the Illinois Enterprise Zone Act, when
29 the purpose of the condemnation proceeding is to acquire
30 land for the construction of an industrial harbor port,
31 and when the total amount of land to be acquired for that
32 purpose is less than 75 acres and is adjacent to the
33 Illinois River;
34 (18) by an airport authority located solely within
-64- LRB9002625DJcd
1 the boundaries of Madison County, Illinois, and which is
2 organized pursuant to the provisions of the Airport
3 Authorities Act, (i) for the acquisition of 160 acres, or
4 less, of land or interests therein for the purposes
5 specified in that Act which may be necessary to extend,
6 mark, and light runway 11/29 for a distance of 1600 feet
7 in length by 100 feet in width with parallel taxiway, to
8 relocate and mark County Highway 19, Madison County,
9 known as Moreland Road, to relocate the instrument
10 landing system including the approach lighting system and
11 to construct associated drainage, fencing and seeding
12 required for the foregoing project and (ii) for a period
13 of 6 months after December 28, 1989, for the acquisition
14 of 75 acres, or less, of land or interests therein for
15 the purposes specified in that Act which may be necessary
16 to extend, mark and light the south end of runway 17/35
17 at such airport;
18 (19) by any unit of local government for a
19 permanent easement for the purpose of maintaining,
20 dredging or cleaning the Little Calumet River;
21 (20) by any unit of local government for a
22 permanent easement for the purpose of maintaining,
23 dredging or cleaning the Salt Creek in DuPage County;
24 (21) by St. Clair County, Illinois, for the
25 development of a joint use facility at Scott Air Force
26 Base;
27 (22) by the Village of Summit, Illinois, to acquire
28 land for a waste to energy plant;
29 (23) for a period of 15 months after September 7,
30 1990, by the Department of Transportation or by any unit
31 of local government under the terms of an
32 intergovernmental cooperation agreement between the
33 Department of Transportation and the unit of local
34 government for the purpose of developing aviation
-65- LRB9002625DJcd
1 facilities in and around Chanute Air Force Base in
2 Champaign County, Illinois;
3 (24) for a period of 1 year after December 12,
4 1990, by the City of Morris for the development of the
5 Morris Municipal Airport;
6 (25) for a period of 1 year after June 19, 1991, by
7 the Greater Rockford Airport Authority for airport
8 expansion purposes;
9 (26) for a period of 24 months after June 30, 1991,
10 by the City of Aurora for completion of an instrument
11 landing system and construction of an east-west runway at
12 the Aurora Municipal Airport;
13 (27) for the acquisition by the Metropolitan Pier
14 and Exposition Authority of property described in
15 subsection (f) of Section 5 of the Metropolitan Pier and
16 Exposition Authority Act for the purposes of providing
17 additional grounds, buildings, and facilities related to
18 the purposes of the Metropolitan Pier and Exposition
19 Authority;
20 (28) for a period of 24 months after March 1, 1992,
21 by the Village of Wheeling and the City of Prospect
22 Heights, owners of the Palwaukee Municipal Airport, to
23 allow for the acquisition of right of way to complete the
24 realignment of Hintz Road and Wolf Road;
25 (29) for a period of one year from the effective
26 date of this amendatory Act of 1992, by the
27 Bloomington-Normal Airport Authority for airport
28 expansion purposes;
29 (30) for a period of 24 months after September 10,
30 1993, by the Cook County Highway Department and Lake
31 County Department of Transportation to allow for the
32 acquisition of necessary right-of-way for construction of
33 underpasses for Lake-Cook Road at the Chicago
34 Northwestern Railroad crossing, west of Skokie Boulevard,
-66- LRB9002625DJcd
1 and the Chicago, Milwaukee, St. Paul and Pacific Railroad
2 crossing, west of Waukegan Road;
3 (31) for a period of one year after December 23,
4 1993, by the City of Arcola and the City of Tuscola for
5 the development of the Arcola/Tuscola Water Transmission
6 Pipeline Project pursuant to the intergovernmental
7 agreement between the City of Arcola and the City of
8 Tuscola;
9 (32) for a period of 24 months from December 23,
10 1993, by the Village of Bensenville for the acquisition
11 of property bounded by Illinois Route 83 to the west and
12 O'Hare International Airport to the east to complete a
13 flood control project known as the Bensenville Ditch;
14 (33) for a period of 9 months after November 1,
15 1993, by the Medical Center Commission for the purpose of
16 acquiring a site for the Illinois State Police Forensic
17 Science Laboratory at Chicago, on the block bounded by
18 Roosevelt Road on the north, Wolcott Street on the east,
19 Washburn Street on the south, and Damen Avenue on the
20 west in Chicago, Illinois;
21 (34) for a period of 36 months after July 14, 1995,
22 by White County for the acquisition of a 3 1/2 mile
23 section of Bellaire Road, which is described as follows:
24 Commencing at the Northwest Corner of the Southeast 1/4
25 of Section 28, Township 6 South, Range 10 East of the 3rd
26 Principal Meridian; thence South to a point at the
27 Southwest Corner of the Southeast 1/4 of Section 9,
28 Township 7 South, Range 10 East of the 3rd Principal
29 Meridian;
30 (35) for a period of one year after July 14, 1995,
31 by the City of Aurora for permanent and temporary
32 easements except over land adjacent to Indian Creek and
33 west of Selmarten Creek located within the City of Aurora
34 for the construction of Phase II of the Indian Creek
-67- LRB9002625DJcd
1 Flood Control Project;
2 (35.1) for a period beginning June 24, 1995 (the
3 day following the effective date of Public Act 89-29) and
4 ending on July 13, 1995 (the day preceding the effective
5 date of Public Act 89-134), by the City of Aurora for
6 permanent and temporary easements for the construction of
7 Phase II of the Indian Creek Flood Control Project;
8 (36) for a period of 3 years from July 14, 1995, by
9 the Grand Avenue Railroad Relocation Authority for the
10 Grand Avenue Railroad Grade Separation Project within the
11 Village of Franklin Park, Illinois;
12 (37) for a period of 3 years after July 14, 1995,
13 by the Village of Romeoville for the acquisition of
14 rights-of-way for the 135th Street Bridge Project between
15 the Des Plaines River and New Avenue lying within the
16 South 1/2 of Section 35, Township 37 North, Range 10 East
17 of the Third Principal Meridian and the North 1/2 of
18 Section 2, Township 36 North, Range 10 East of the 3rd
19 Principal Meridian, in Will County, Illinois;
20 (37.1) for a period of 3 years after June 23,
21 1995, by the Illinois Department of Transportation for
22 the acquisition of rights-of-way for the 135th Street
23 Bridge Project between the Des Plaines River and New
24 Avenue lying within the South 1/2 of Section 35, Township
25 37 North, Range 10 East of the Third Principal Meridian
26 and the North 1/2 of Section 2, Township 36 North, Range
27 10 East of the 3rd Principal Meridian, in Will County,
28 Illinois;
29 (38) for a period beginning June 24, 1995 (the day
30 after the effective date of Public Act 89-29) and ending
31 18 months after July 14, 1995 (the effective date of
32 Public Act 89-134), by the Anna-Jonesboro Water
33 Commission for the acquisition of land and easements for
34 improvements to its water treatment and storage
-68- LRB9002625DJcd
1 facilities and water transmission pipes;
2 (39) for a period of 36 months after July 14, 1995,
3 by the City of Effingham for the acquisition of property
4 which is described as follows:
5 Tract 1:
6 Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
7 THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
8 thereof recorded in Book "K", Page 769, in the Recorder's
9 Office of Effingham County), situated in the City of
10 Effingham, County of Effingham and State of Illinois.
11 Tract 2:
12 The alley lying South and adjoining Tract 1, as
13 vacated by Ordinance recorded on July 28, 1937 in Book
14 183, Page 465, and all right, title and interest in and
15 to said alley as established by the Contract for Easement
16 recorded on August 4, 1937 in Book 183, Page 472;
17 (40) for a period of one year after July 14, 1995,
18 by the Village of Palatine for the acquisition of
19 property located along the south side of Dundee Road
20 between Rand Road and Hicks Road for redevelopment
21 purposes;
22 (41) for a period of 6 years after July 1, 1995,
23 for the acquisition by the Medical Center District of
24 property described in Section 3 of the Illinois Medical
25 District Act within the District Development Area as
26 described in Section 4 of that Act for the purposes set
27 forth in that Act;.
28 (48) by the Department of Transportation for
29 purposes of acquiring private property as specified in
30 the Meigs Field Airport Act.
31 In a proceeding subject to this Section, the plaintiff,
32 at any time after the complaint has been filed and before
33 judgment is entered in the proceeding, may file a written
34 motion requesting that, immediately or at some specified
-69- LRB9002625DJcd
1 later date, the plaintiff either be vested with the fee
2 simple title (or such lesser estate, interest or easement, as
3 may be required) to the real property, or specified portion
4 thereof, which is the subject of the proceeding, and be
5 authorized to take possession of and use such property; or
6 only be authorized to take possession of and to use such
7 property, if such possession and use, without the vesting of
8 title, are sufficient to permit the plaintiff to proceed with
9 the project until the final ascertainment of compensation;
10 however, no land or interests therein now or hereafter owned,
11 leased, controlled or operated and used by, or necessary for
12 the actual operation of, any common carrier engaged in
13 interstate commerce, or any other public utility subject to
14 the jurisdiction of the Illinois Commerce Commission, shall
15 be taken or appropriated hereunder by the State of Illinois,
16 the Illinois Toll Highway Authority, the sanitary district,
17 the St. Louis Metropolitan Area Airport Authority or the
18 Board of Trustees of the University of Illinois without first
19 securing the approval of such Commission.
20 Except as hereinafter stated, the motion for taking shall
21 state: (1) an accurate description of the property to which
22 the motion relates and the estate or interest sought to be
23 acquired therein; (2) the formally adopted schedule or plan
24 of operation for the execution of the plaintiff's project;
25 (3) the situation of the property to which the motion
26 relates, with respect to the schedule or plan; (4) the
27 necessity for taking such property in the manner requested in
28 the motion; and (5) if the property (except property
29 described in Section 3 of the Sports Stadium Act, or property
30 described as Site B in Section 2 of the Metropolitan Pier and
31 Exposition Authority Act, or property that is taken as
32 provided in the Meigs Field Airport Act) to be taken is
33 owned, leased, controlled or operated and used by, or
34 necessary for the actual operation of, any interstate common
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1 carrier or other public utility subject to the jurisdiction
2 of the Illinois Commerce Commission, a statement to the
3 effect that the approval of such proposed taking has been
4 secured from such Commission, and attaching to such motion a
5 certified copy of the order of such Commission granting such
6 approval. If the schedule or plan of operation is not set
7 forth fully in the motion, a copy of such schedule or plan
8 shall be attached to the motion.
9 In any proceeding for the purpose specified in the
10 Particle Accelerator Land Acquisition Act or for the
11 acquisition by the Department of Energy and Natural Resources
12 of land to accommodate the construction, maintenance and
13 operation of a Superconducting Super Collider, the motion
14 need not state or have attached thereto a formally adopted
15 schedule or plan of operation.
16 (Source: P.A. 88-486; 88-526; 88-670, eff. 12-2-94; 89-29,
17 eff. 6-23-95; 89-134, eff. 7-14-95; 89-343, eff. 8-17-95;
18 89-356, eff. 8-17-95; revised 8-25-95; 89-626, eff. 8-9-96;
19 89-683, eff. 6-1-97.)
20 (30 ILCS 805/8.21 rep.)
21 Section 15. The State Mandates Act is amended by
22 repealing Section 8.21 as added by Public Act 89-683.
23 (620 ILCS 60/Act rep.)
24 Section 20. The Meigs Field Airport Act, enacted as
25 Public Act 89-683 (Senate Bill 1186, enrolled, of the 89th
26 General Assembly), is repealed.
27 Section 95. No acceleration or delay. Where this Act
28 makes changes in a statute that is represented in this Act by
29 text that is not yet or no longer in effect (for example, a
30 Section represented by multiple versions), the use of that
31 text does not accelerate or delay the taking effect of (i)
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1 the changes made by this Act or (ii) provisions derived from
2 any other Public Act.
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.