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90_SB1019ham001 LRB9001319PTcwam04 1 AMENDMENT TO SENATE BILL 1019 2 AMENDMENT NO. . Amend Senate Bill 1019 on page 3, 3 immediately below line 9, by inserting the following: 4 "Section 15. The Code of Civil Procedure is amended by 5 changing Section 7-103 as follows: 6 (735 ILCS 5/7-103) (from Ch. 110, par. 7-103) 7 (Text of Section before amendment by P.A. 89-683) 8 Sec. 7-103. "Quick-take". This Section applies only to 9 proceedings under this Article: 10 (1) by the State of Illinois, the Illinois Toll 11 Highway Authority or the St. Louis Metropolitan Area 12 Airport Authority for the acquisition of land or 13 interests therein for highway purposes; 14 (2) (blank); 15 (3) by the Department of Commerce and Community 16 Affairs for the purpose specified in the Illinois Coal 17 Development Bond Act; 18 (4) (blank); 19 (5) for the purpose specified in the St. Louis 20 Metropolitan Area Airport Authority Act; 21 (6) for a period of 24 months after May 24, 1996, 22 by the Southwestern Illinois Development Authority -2- LRB9001319PTcwam04 1 pursuant to the Southwestern Illinois Development 2 Authority Act; 3 (7) for a period of 3 years after December 30, 4 1987, by the Quad Cities Regional Economic Development 5 Authority (except for the acquisition of land or 6 interests therein that is farmland, or upon which is 7 situated a farm dwelling and appurtenant structures, or 8 upon which is situated a residence, or which is wholly 9 within an area that is zoned for residential use) 10 pursuant to the Quad Cities Regional Economic Development 11 Authority Act; 12 (8) by a sanitary district created under the 13 Metropolitan Water Reclamation District Act for the 14 acquisition of land or interests therein for purposes 15 specified in that Act; 16 (9) by a rail carrier within the time limitations 17 and subject to the terms and conditions set forth in 18 Section 18c-7501 of the Illinois Vehicle Code; 19 (10) for a period of 18 months after January 26, 20 1987, for the purpose specified in Division 135 of 21 Article 11 of the Illinois Municipal Code, by a 22 commission created under Section 2 of the Water 23 Commission Act of 1985; 24 (11) by a village containing a population of less 25 than 15,000 for the purpose of acquiring property to be 26 used for a refuse derived fuel system designed to 27 generate steam and electricity, and for industrial 28 development that will utilize such steam and electricity, 29 pursuant to Section 11-19-10 of the Illinois Municipal 30 Code; 31 (12) after receiving the prior approval of the City 32 Council, by a municipality having a population of more 33 than 500,000 for the purposes set forth in Section 34 11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the -3- LRB9001319PTcwam04 1 Illinois Municipal Code, and for the same purposes when 2 established pursuant to home rule powers; 3 (13) by a home rule municipality, after a public 4 hearing held by the corporate authorities or by a 5 committee of the corporate authorities and after approval 6 by a majority of the corporate authorities, within an 7 area designated as an enterprise zone by the municipality 8 under the Illinois Enterprise Zone Act; 9 (14) by the Illinois Sports Facilities Authority 10 for the purpose specified in Section 12 of the Illinois 11 Sports Facilities Authority Act; 12 (15) by a municipality having a population of more 13 than 2,000,000 for the purpose of acquiring the property 14 described in Section 3 of the Sports Stadium Act; 15 (16) for a period of 18 months after July 29, 1986, 16 in any proceeding by the Board of Trustees of the 17 University of Illinois for the acquisition of land in 18 Champaign County or interests therein as a site for a 19 building or for any educational purpose; 20 (17) for a period of 2 years after July 1, 1990, by 21 a home rule municipality and a county board, upon 22 approval of a majority of the corporate authorities of 23 both the county board and the municipality, within an 24 area designated as an enterprise zone by the municipality 25 and the county board through an intergovernmental 26 agreement under the Illinois Enterprise Zone Act, when 27 the purpose of the condemnation proceeding is to acquire 28 land for the construction of an industrial harbor port, 29 and when the total amount of land to be acquired for that 30 purpose is less than 75 acres and is adjacent to the 31 Illinois River; 32 (18) by an airport authority located solely within 33 the boundaries of Madison County, Illinois, and which is 34 organized pursuant to the provisions of the Airport -4- LRB9001319PTcwam04 1 Authorities Act, (i) for the acquisition of 160 acres, or 2 less, of land or interests therein for the purposes 3 specified in that Act which may be necessary to extend, 4 mark, and light runway 11/29 for a distance of 1600 feet 5 in length by 100 feet in width with parallel taxiway, to 6 relocate and mark County Highway 19, Madison County, 7 known as Moreland Road, to relocate the instrument 8 landing system including the approach lighting system and 9 to construct associated drainage, fencing and seeding 10 required for the foregoing project and (ii) for a period 11 of 6 months after December 28, 1989, for the acquisition 12 of 75 acres, or less, of land or interests therein for 13 the purposes specified in that Act which may be necessary 14 to extend, mark and light the south end of runway 17/35 15 at such airport; 16 (19) by any unit of local government for a 17 permanent easement for the purpose of maintaining, 18 dredging or cleaning the Little Calumet River; 19 (20) by any unit of local government for a 20 permanent easement for the purpose of maintaining, 21 dredging or cleaning the Salt Creek in DuPage County; 22 (21) by St. Clair County, Illinois, for the 23 development of a joint use facility at Scott Air Force 24 Base; 25 (22) by the Village of Summit, Illinois, to acquire 26 land for a waste to energy plant; 27 (23) for a period of 15 months after September 7, 28 1990, by the Department of Transportation or by any unit 29 of local government under the terms of an 30 intergovernmental cooperation agreement between the 31 Department of Transportation and the unit of local 32 government for the purpose of developing aviation 33 facilities in and around Chanute Air Force Base in 34 Champaign County, Illinois; -5- LRB9001319PTcwam04 1 (24) for a period of 1 year after December 12, 2 1990, by the City of Morris for the development of the 3 Morris Municipal Airport; 4 (25) for a period of 1 year after June 19, 1991, by 5 the Greater Rockford Airport Authority for airport 6 expansion purposes; 7 (26) for a period of 24 months after June 30, 1991, 8 by the City of Aurora for completion of an instrument 9 landing system and construction of an east-west runway at 10 the Aurora Municipal Airport; 11 (27) for the acquisition by the Metropolitan Pier 12 and Exposition Authority of property described in 13 subsection (f) of Section 5 of the Metropolitan Pier and 14 Exposition Authority Act for the purposes of providing 15 additional grounds, buildings, and facilities related to 16 the purposes of the Metropolitan Pier and Exposition 17 Authority; 18 (28) for a period of 24 months after March 1, 1992, 19 by the Village of Wheeling and the City of Prospect 20 Heights, owners of the Palwaukee Municipal Airport, to 21 allow for the acquisition of right of way to complete the 22 realignment of Hintz Road and Wolf Road; 23 (29) for a period of one year from the effective 24 date of this amendatory Act of 1992, by the 25 Bloomington-Normal Airport Authority for airport 26 expansion purposes; 27 (30) for a period of 24 months after September 10, 28 1993, by the Cook County Highway Department and Lake 29 County Department of Transportation to allow for the 30 acquisition of necessary right-of-way for construction of 31 underpasses for Lake-Cook Road at the Chicago 32 Northwestern Railroad crossing, west of Skokie Boulevard, 33 and the Chicago, Milwaukee, St. Paul and Pacific Railroad 34 crossing, west of Waukegan Road; -6- LRB9001319PTcwam04 1 (31) for a period of one year after December 23, 2 1993, by the City of Arcola and the City of Tuscola for 3 the development of the Arcola/Tuscola Water Transmission 4 Pipeline Project pursuant to the intergovernmental 5 agreement between the City of Arcola and the City of 6 Tuscola; 7 (32) for a period of 24 months from December 23, 8 1993, by the Village of Bensenville for the acquisition 9 of property bounded by Illinois Route 83 to the west and 10 O'Hare International Airport to the east to complete a 11 flood control project known as the Bensenville Ditch; 12 (33) for a period of 9 months after November 1, 13 1993, by the Medical Center Commission for the purpose of 14 acquiring a site for the Illinois State Police Forensic 15 Science Laboratory at Chicago, on the block bounded by 16 Roosevelt Road on the north, Wolcott Street on the east, 17 Washburn Street on the south, and Damen Avenue on the 18 west in Chicago, Illinois; 19 (34) for a period of 36 months after July 14, 1995, 20 by White County for the acquisition of a 3 1/2 mile 21 section of Bellaire Road, which is described as follows: 22 Commencing at the Northwest Corner of the Southeast 1/4 23 of Section 28, Township 6 South, Range 10 East of the 3rd 24 Principal Meridian; thence South to a point at the 25 Southwest Corner of the Southeast 1/4 of Section 9, 26 Township 7 South, Range 10 East of the 3rd Principal 27 Meridian; 28 (35) for a period of one year after July 14, 1995, 29 by the City of Aurora for permanent and temporary 30 easements except over land adjacent to Indian Creek and 31 west of Selmarten Creek located within the City of Aurora 32 for the construction of Phase II of the Indian Creek 33 Flood Control Project; 34 (35.1) for a period beginning June 24, 1995 (the -7- LRB9001319PTcwam04 1 day following the effective date of Public Act 89-29) and 2 ending on July 13, 1995 (the day preceding the effective 3 date of Public Act 89-134), by the City of Aurora for 4 permanent and temporary easements for the construction of 5 Phase II of the Indian Creek Flood Control Project; 6 (36) for a period of 3 years from July 14, 1995, by 7 the Grand Avenue Railroad Relocation Authority for the 8 Grand Avenue Railroad Grade Separation Project within the 9 Village of Franklin Park, Illinois; 10 (37) for a period of 3 years after July 14, 1995, 11 by the Village of Romeoville for the acquisition of 12 rights-of-way for the 135th Street Bridge Project, lying 13 within the South 1/2 of Section 34, Township 37 North, 14 Range 10 East and the South 1/2 of Section 35, Township 15 37 North, Range 10 East of the Third Principal Meridian, 16 and the North 1/2 of Section 2, Township 36 North, Range 17 10 East and the North 1/2 of Section 3, Township 36 18 North, Range 10 East of the 3rd Principal Meridian, in 19 Will County, Illinois; 20 (37.1) for a period of 3 years after June 23, 1995, 21 by the Illinois Department of Transportation for the 22 acquisition of rights-of-way for the 135th Street Bridge 23 Project between the Des Plaines River and New Avenue 24 lying within the South 1/2 of Section 35, Township 37 25 North, Range 10 East of the Third Principal Meridian and 26 the North 1/2 of Section 2, Township 36 North, Range 10 27 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 -8- LRB9001319PTcwam04 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 (41.5) for a period of 24 months after June 21, 29 1996 by the City of Effingham, Illinois for acquisition 30 of property for the South Raney Street Improvement 31 Project Phase I; 32 (42) for a period of 3 years after June 21, 1996, 33 by the Village of Deerfield for the acquisition of 34 territory within the Deerfield Village Center, as -9- LRB9001319PTcwam04 1 designated as of that date by the Deerfield Comprehensive 2 Plan, with the exception of that area north of Jewett 3 Park Drive (extended) between Waukegan Road and the 4 Milwaukee Railroad Tracks, for redevelopment purposes; 5 (43) for a period of 12 months after June 21, 1996, 6 by the City of Harvard for the acquisition of property 7 lying west of Harvard Hills Road of sufficient size to 8 widen the Harvard Hills Road right of way and to install 9 and maintain city utility services not more than 200 feet 10 west of the center line of Harvard Hills Road; 11 (44) for a period of 5 years after June 21, 1996, 12 by the Village of River Forest, Illinois, within the area 13 designated as a tax increment financing district when the 14 purpose of the condemnation proceeding is to acquire land 15 for any of the purposes contained in the River Forest Tax 16 Increment Financing Plan or authorized by the Tax 17 Increment Allocation Redevelopment Act, provided that 18 condemnation of any property zoned and used exclusively 19 for residential purposes shall be prohibited; 20 (45) for a period of 18 months after June 28, 1996, 21 by the Village of Schaumburg for the acquisition of land, 22 easements, and aviation easements for the purpose of a 23 public airport in Cook and DuPage Counties; provided that 24 if any proceedings under the provisions of this Article 25 are pending on that date, "quick-take" may be utilized by 26 the Village of Schaumburg; 27 (46) for a period of one year after June 28, 1996, 28 by the City of Pinckneyville for the acquisition of land 29 and easements to provide for improvements to its water 30 treatment and storage facilities and water transmission 31 pipes, and for the construction of a sewerage treatment 32 facility and sewerage transmission pipes to serve the 33 Illinois Department of Corrections Pinckneyville 34 Correctional Facility; -10- LRB9001319PTcwam04 1 (47) for a period of 6 months after June 28, 1996, 2 by the City of Streator for the acquisition of property 3 described as follows for a first flush basin sanitary 4 sewer system: 5 Tract 5: That part of lots 20 and 21 in Block 6 6 in Moore and Plumb's addition to the city of 7 Streator, Illinois, lying south of the right of way 8 of the switch track of the Norfolk and Western 9 Railroad (now abandoned) in the county of LaSalle, 10 state of Illinois. 11 Tract 6: That part of lots 30, 31 and 32 in 12 Block 7 in Moore and Plumb's Addition to the city of 13 Streator, Illinois, lying north of the centerline of 14 Coal Run Creek and south of the right of way of the 15 switch track of the Norfolk and Western Railroad 16 (now abandoned) in the county of LaSalle, state of 17 Illinois; 18 (48) for a period of 36 months after January 16, 19 1997the effective date of this amendatory Act of 1996, 20 by the Bi-State Development Agency of the 21 Missouri-Illinois Metropolitan District for the 22 acquisition of rights of way and related property 23 necessary for the construction and operation of the 24 MetroLink Light Rail System, beginning in East St. Louis, 25 Illinois, and terminating at Mid America Airport, St. 26 Clair County, Illinois; 27 (49) for a period of 2 years after January 16, 1997 28the effective date of this amendatory Act of 1996, by the 29 Village of Schaumburg for the acquisition of 30 rights-of-way, permanent easements, and temporary 31 easements for the purpose of improving the Roselle 32 Road/Illinois Route 58/Illinois Route 72 corridor, 33 including rights-of-way along Roselle Road, Remington 34 Road, Valley Lake Drive, State Parkway, Commerce Drive, -11- LRB9001319PTcwam04 1 Kristin Circle, and Hillcrest Boulevard, a permanent 2 easement along Roselle Road, and temporary easements 3 along Roselle Road, State Parkway, Valley Lake Drive, 4 Commerce Drive, Kristin Circle, and Hillcrest Boulevard, 5 in Cook County. 6 (51) for a period of 2 years after the effective 7 date of this amendatory Act of 1997, by the City of 8 Prospect Heights for the acquisition for redevelopment 9 purposes of property located within the area described as 10 follows: 11 Lot 1 in Piper Lane Miniwarehouse Subdivision, being 12 a resubdivision in the northwest quarter of the northwest 13 quarter of Section 24, Township 42 North, Range 11 East 14 of the Third Principal Meridian, together with that part 15 of the north half of said Section 24 described as 16 follows: beginning at the most northerly northwest corner 17 of said Lot 1, said point lying on the south line of 18 Piper Lane; thence northerly, along a line which is 19 perpendicular to said south line, to a point on the 20 westerly extension of the north line of said Piper Lane; 21 thence easterly, along said extension and north line, to 22 the northwest corner of Lot 1 in Briarlake Resubdivision, 23 being a part of the south half of the northeast quarter 24 of the northwest quarter of said Section 24; thence 25 easterly, along the north line of the south half of the 26 northeast quarter of the northwest quarter of said 27 Section 24, to a point on the west line of the northeast 28 quarter of said Section 24; thence northerly, along said 29 west line, to a point on the south line of Palatine Road; 30 thence easterly, along said south line, to a point on the 31 southwest line of Milwaukee Avenue; thence northeasterly, 32 along a line which is perpendicular to said southwest 33 line to a point on the northeast line of said Milwaukee 34 Avenue; thence southeasterly, along said northeast line, -12- LRB9001319PTcwam04 1 to a point on the east line of the northeast quarter of 2 said Section 24; thence southerly, along said east line, 3 to a point on the south line of the following described 4 tract: beginning at a point of intersection of the west 5 line of River Road and the north line of the south 53 6 acres of the northeast quarter of said Section 24 7 extended east, said point being 22.90 feet east of the 8 east line of said Section 24; thence westerly, along the 9 north line of said south 53 acres, 722 feet; thence 10 southerly, on a line parallel to the east line of the 11 northeast quarter of said Section 24, 299.50 feet; thence 12 east, on a line parallel to the north line of said south 13 53 acres, to the west line of River Road; thence 14 northerly, along the west line of River Road, to the 15 point of beginning; thence westerly, along said south 16 line, to a point on the west line of said tract; thence 17 northerly, along said west line, to a point on the north 18 line of said south 53 acres; thence easterly, along said 19 north line, to a point on the west line of the east 20 450.95 feet of the northeast quarter of said Section 24; 21 thence northerly, along said west line, to a point on the 22 easterly extension of the south line of an easement for 23 ingress, egress, driveway and public utilities per 24 document number 22064233; thence westerly, along said 25 extension and south line, to a point on the east line of 26 Lot 1 in Parkview Apartments, a subdivision in the 27 northeast quarter of said Section 24; thence southerly, 28 along said east line, to the southeast corner of said Lot 29 1, said point lying on the north line of the south 53 30 acres of the northeast quarter of said Section 24; thence 31 westerly, along said north line, to a point on the west 32 line of the northeast quarter of said Section 24; thence 33 northerly, along said west line, to a point on the south 34 line of the northeast quarter of the northwest quarter of -13- LRB9001319PTcwam04 1 said Section 24; thence westerly, along said south line, 2 to a point on the west line of the northeast quarter of 3 the northwest quarter of said Section 24; thence 4 northerly, along said west line, to a point on the south 5 line of Piper Lane; thence westerly, along said south 6 line, to the point of beginning; all in Cook County, 7 Illinois. 8 In a proceeding subject to this Section, the plaintiff, 9 at any time after the complaint has been filed and before 10 judgment is entered in the proceeding, may file a written 11 motion requesting that, immediately or at some specified 12 later date, the plaintiff either be vested with the fee 13 simple title (or such lesser estate, interest or easement, as 14 may be required) to the real property, or specified portion 15 thereof, which is the subject of the proceeding, and be 16 authorized to take possession of and use such property; or 17 only be authorized to take possession of and to use such 18 property, if such possession and use, without the vesting of 19 title, are sufficient to permit the plaintiff to proceed with 20 the project until the final ascertainment of compensation; 21 however, no land or interests therein now or hereafter owned, 22 leased, controlled or operated and used by, or necessary for 23 the actual operation of, any common carrier engaged in 24 interstate commerce, or any other public utility subject to 25 the jurisdiction of the Illinois Commerce Commission, shall 26 be taken or appropriated hereunder by the State of Illinois, 27 the Illinois Toll Highway Authority, the sanitary district, 28 the St. Louis Metropolitan Area Airport Authority or the 29 Board of Trustees of the University of Illinois without first 30 securing the approval of such Commission. 31 Except as hereinafter stated, the motion for taking shall 32 state: (1) an accurate description of the property to which 33 the motion relates and the estate or interest sought to be 34 acquired therein; (2) the formally adopted schedule or plan -14- LRB9001319PTcwam04 1 of operation for the execution of the plaintiff's project; 2 (3) the situation of the property to which the motion 3 relates, with respect to the schedule or plan; (4) the 4 necessity for taking such property in the manner requested in 5 the motion; and (5) if the property (except property 6 described in Section 3 of the Sports Stadium Act or property 7 described as Site B in Section 2 of the Metropolitan Pier and 8 Exposition Authority Act) to be taken is owned, leased, 9 controlled or operated and used by, or necessary for the 10 actual operation of, any interstate common carrier or other 11 public utility subject to the jurisdiction of the Illinois 12 Commerce Commission, a statement to the effect that the 13 approval of such proposed taking has been secured from such 14 Commission, and attaching to such motion a certified copy of 15 the order of such Commission granting such approval. If the 16 schedule or plan of operation is not set forth fully in the 17 motion, a copy of such schedule or plan shall be attached to 18 the motion. 19 (Source: P.A. 88-486; 88-526; 88-670, eff. 12-2-94; 89-29, 20 eff. 6-23-95; 89-134, eff. 7-14-95; 89-343, eff. 8-17-95; 21 89-356, eff. 8-17-95; 89-445, eff. 2-7-96; 89-460, eff. 22 5-24-96; 89-494, eff. 6-21-96; 89-502, eff. 6-28-96; 89-504, 23 eff. 6-28-96; 89-592, eff. 8-1-96; 89-626, eff. 8-9-96; 24 89-699, eff. 1-16-97.) 25 (Text of Section after amendment by P.A. 89-683) 26 Sec. 7-103. "Quick-take". This Section applies only to 27 proceedings under this Article: 28 (1) by the State of Illinois, the Illinois Toll 29 Highway Authority or the St. Louis Metropolitan Area 30 Airport Authority for the acquisition of land or 31 interests therein for highway purposes; 32 (2) (blank); 33 (3) by the Department of Commerce and Community 34 Affairs for the purpose specified in the Illinois Coal -15- LRB9001319PTcwam04 1 Development Bond Act; 2 (4) (blank); 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 May 24, 1996, 6 by the Southwestern Illinois Development Authority 7 pursuant to the Southwestern Illinois Development 8 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, -16- LRB9001319PTcwam04 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, -17- LRB9001319PTcwam04 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 -18- LRB9001319PTcwam04 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 -19- LRB9001319PTcwam04 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, -20- LRB9001319PTcwam04 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, lying 19 within the South 1/2 of Section 34, Township 37 North, 20 Range 10 East and the South 1/2 of Section 35, Township 21 37 North, Range 10 East of the Third Principal Meridian, 22 and the North 1/2 of Section 2, Township 36 North, Range 23 10 East and the North 1/2 of Section 3, Township 36 24 North, Range 10 East of the 3rd Principal Meridian, in 25 Will County, Illinois; 26 (37.1) for a period of 3 years after June 23, 1995, 27 by the Illinois Department of Transportation for the 28 acquisition of rights-of-way for the 135th Street Bridge 29 Project between the Des Plaines River and New Avenue 30 lying within the South 1/2 of Section 35, Township 37 31 North, Range 10 East of the Third Principal Meridian and 32 the North 1/2 of Section 2, Township 36 North, Range 10 33 East of the 3rd Principal Meridian, in Will County, 34 Illinois; -21- LRB9001319PTcwam04 1 (38) for a period beginning June 24, 1995 (the day 2 after the effective date of Public Act 89-29) and ending 3 18 months after July 14, 1995 (the effective date of 4 Public Act 89-134), by the Anna-Jonesboro Water 5 Commission for the acquisition of land and easements for 6 improvements to its water treatment and storage 7 facilities and water transmission pipes; 8 (39) for a period of 36 months after July 14, 1995, 9 by the City of Effingham for the acquisition of property 10 which is described as follows: 11 Tract 1: 12 Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO 13 THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat 14 thereof recorded in Book "K", Page 769, in the Recorder's 15 Office of Effingham County), situated in the City of 16 Effingham, County of Effingham and State of Illinois. 17 Tract 2: 18 The alley lying South and adjoining Tract 1, as 19 vacated by Ordinance recorded on July 28, 1937 in Book 20 183, Page 465, and all right, title and interest in and 21 to said alley as established by the Contract for Easement 22 recorded on August 4, 1937 in Book 183, Page 472; 23 (40) for a period of one year after July 14, 1995, 24 by the Village of Palatine for the acquisition of 25 property located along the south side of Dundee Road 26 between Rand Road and Hicks Road for redevelopment 27 purposes; 28 (41) for a period of 6 years after July 1, 1995, 29 for the acquisition by the Medical Center District of 30 property described in Section 3 of the Illinois Medical 31 District Act within the District Development Area as 32 described in Section 4 of that Act for the purposes set 33 forth in that Act; 34 (41.5) for a period of 24 months after June 21, -22- LRB9001319PTcwam04 1 1996 by the City of Effingham, Illinois for acquisition 2 of property for the South Raney Street Improvement 3 Project Phase I; 4 (42) for a period of 3 years after June 21, 1996, 5 by the Village of Deerfield for the acquisition of 6 territory within the Deerfield Village Center, as 7 designated as of that date by the Deerfield Comprehensive 8 Plan, with the exception of that area north of Jewett 9 Park Drive (extended) between Waukegan Road and the 10 Milwaukee Railroad Tracks, for redevelopment purposes; 11 (43) for a period of 12 months after June 21, 1996, 12 by the City of Harvard for the acquisition of property 13 lying west of Harvard Hills Road of sufficient size to 14 widen the Harvard Hills Road right of way and to install 15 and maintain city utility services not more than 200 feet 16 west of the center line of Harvard Hills Road; 17 (44) for a period of 5 years after June 21, 1996, 18 by the Village of River Forest, Illinois, within the area 19 designated as a tax increment financing district when the 20 purpose of the condemnation proceeding is to acquire land 21 for any of the purposes contained in the River Forest Tax 22 Increment Financing Plan or authorized by the Tax 23 Increment Allocation Redevelopment Act, provided that 24 condemnation of any property zoned and used exclusively 25 for residential purposes shall be prohibited; 26 (45) for a period of 18 months after June 28, 1996, 27 by the Village of Schaumburg for the acquisition of land, 28 easements, and aviation easements for the purpose of a 29 public airport in Cook and DuPage Counties; provided that 30 if any proceedings under the provisions of this Article 31 are pending on that date, "quick-take" may be utilized by 32 the Village of Schaumburg; 33 (46) for a period of one year after June 28, 1996, 34 by the City of Pinckneyville for the acquisition of land -23- LRB9001319PTcwam04 1 and easements to provide for improvements to its water 2 treatment and storage facilities and water transmission 3 pipes, and for the construction of a sewerage treatment 4 facility and sewerage transmission pipes to serve the 5 Illinois Department of Corrections Pinckneyville 6 Correctional Facility; 7 (47) for a period of 6 months after June 28, 1996, 8 by the City of Streator for the acquisition of property 9 described as follows for a first flush basin sanitary 10 sewer system: 11 Tract 5: That part of lots 20 and 21 in Block 12 6 in Moore and Plumb's addition to the city of 13 Streator, Illinois, lying south of the right of way 14 of the switch track of the Norfolk and Western 15 Railroad (now abandoned) in the county of LaSalle, 16 state of Illinois. 17 Tract 6: That part of lots 30, 31 and 32 in 18 Block 7 in Moore and Plumb's Addition to the city of 19 Streator, Illinois, lying north of the centerline of 20 Coal Run Creek and south of the right of way of the 21 switch track of the Norfolk and Western Railroad 22 (now abandoned) in the county of LaSalle, state of 23 Illinois; 24 (48) for a period of 36 months after January 16, 25 1997the effective date of this amendatory Act of 1996, 26 by the Bi-State Development Agency of the 27 Missouri-Illinois Metropolitan District for the 28 acquisition of rights of way and related property 29 necessary for the construction and operation of the 30 MetroLink Light Rail System, beginning in East St. Louis, 31 Illinois, and terminating at Mid America Airport, St. 32 Clair County, Illinois; 33 (49) for a period of 2 years after January 16, 1997 34the effective date of this amendatory Act of 1996, by the -24- LRB9001319PTcwam04 1 Village of Schaumburg for the acquisition of 2 rights-of-way, permanent easements, and temporary 3 easements for the purpose of improving the Roselle 4 Road/Illinois Route 58/Illinois Route 72 corridor, 5 including rights-of-way along Roselle Road, Remington 6 Road, Valley Lake Drive, State Parkway, Commerce Drive, 7 Kristin Circle, and Hillcrest Boulevard, a permanent 8 easement along Roselle Road, and temporary easements 9 along Roselle Road, State Parkway, Valley Lake Drive, 10 Commerce Drive, Kristin Circle, and Hillcrest Boulevard, 11 in Cook County;.12 (50)(48)by the Department of Transportation for 13 purposes of acquiring private property as specified in 14 the Meigs Field Airport Act. 15 (51) for a period of 2 years after the effective 16 date of this amendatory Act of 1997, by the City of 17 Prospect Heights for the acquisition for redevelopment 18 purposes of property located within the area described as 19 follows: 20 Lot 1 in Piper Lane Miniwarehouse Subdivision, being 21 a resubdivision in the northwest quarter of the northwest 22 quarter of Section 24, Township 42 North, Range 11 East 23 of the Third Principal Meridian, together with that part 24 of the north half of said Section 24 described as 25 follows: beginning at the most northerly northwest corner 26 of said Lot 1, said point lying on the south line of 27 Piper Lane; thence northerly, along a line which is 28 perpendicular to said south line, to a point on the 29 westerly extension of the north line of said Piper Lane; 30 thence easterly, along said extension and north line, to 31 the northwest corner of Lot 1 in Briarlake Resubdivision, 32 being a part of the south half of the northeast quarter 33 of the northwest quarter of said Section 24; thence 34 easterly, along the north line of the south half of the -25- LRB9001319PTcwam04 1 northeast quarter of the northwest quarter of said 2 Section 24, to a point on the west line of the northeast 3 quarter of said Section 24; thence northerly, along said 4 west line, to a point on the south line of Palatine Road; 5 thence easterly, along said south line, to a point on the 6 southwest line of Milwaukee Avenue; thence northeasterly, 7 along a line which is perpendicular to said southwest 8 line to a point on the northeast line of said Milwaukee 9 Avenue; thence southeasterly, along said northeast line, 10 to a point on the east line of the northeast quarter of 11 said Section 24; thence southerly, along said east line, 12 to a point on the south line of the following described 13 tract: beginning at a point of intersection of the west 14 line of River Road and the north line of the south 53 15 acres of the northeast quarter of said Section 24 16 extended east, said point being 22.90 feet east of the 17 east line of said Section 24; thence westerly, along the 18 north line of said south 53 acres, 722 feet; thence 19 southerly, on a line parallel to the east line of the 20 northeast quarter of said Section 24, 299.50 feet; thence 21 east, on a line parallel to the north line of said south 22 53 acres, to the west line of River Road; thence 23 northerly, along the west line of River Road, to the 24 point of beginning; thence westerly, along said south 25 line, to a point on the west line of said tract; thence 26 northerly, along said west line, to a point on the north 27 line of said south 53 acres; thence easterly, along said 28 north line, to a point on the west line of the east 29 450.95 feet of the northeast quarter of said Section 24; 30 thence northerly, along said west line, to a point on the 31 easterly extension of the south line of an easement for 32 ingress, egress, driveway and public utilities per 33 document number 22064233; thence westerly, along said 34 extension and south line, to a point on the east line of -26- LRB9001319PTcwam04 1 Lot 1 in Parkview Apartments, a subdivision in the 2 northeast quarter of said Section 24; thence southerly, 3 along said east line, to the southeast corner of said Lot 4 1, said point lying on the north line of the south 53 5 acres of the northeast quarter of said Section 24; thence 6 westerly, along said north line, to a point on the west 7 line of the northeast quarter of said Section 24; thence 8 northerly, along said west line, to a point on the south 9 line of the northeast quarter of the northwest quarter of 10 said Section 24; thence westerly, along said south line, 11 to a point on the west line of the northeast quarter of 12 the northwest quarter of said Section 24; thence 13 northerly, along said west line, to a point on the south 14 line of Piper Lane; thence westerly, along said south 15 line, to the point of beginning; all in Cook County, 16 Illinois. 17 In a proceeding subject to this Section, the plaintiff, 18 at any time after the complaint has been filed and before 19 judgment is entered in the proceeding, may file a written 20 motion requesting that, immediately or at some specified 21 later date, the plaintiff either be vested with the fee 22 simple title (or such lesser estate, interest or easement, as 23 may be required) to the real property, or specified portion 24 thereof, which is the subject of the proceeding, and be 25 authorized to take possession of and use such property; or 26 only be authorized to take possession of and to use such 27 property, if such possession and use, without the vesting of 28 title, are sufficient to permit the plaintiff to proceed with 29 the project until the final ascertainment of compensation; 30 however, no land or interests therein now or hereafter owned, 31 leased, controlled or operated and used by, or necessary for 32 the actual operation of, any common carrier engaged in 33 interstate commerce, or any other public utility subject to 34 the jurisdiction of the Illinois Commerce Commission, shall -27- LRB9001319PTcwam04 1 be taken or appropriated hereunder by the State of Illinois, 2 the Illinois Toll Highway Authority, the sanitary district, 3 the St. Louis Metropolitan Area Airport Authority or the 4 Board of Trustees of the University of Illinois without first 5 securing the approval of such Commission. 6 Except as hereinafter stated, the motion for taking shall 7 state: (1) an accurate description of the property to which 8 the motion relates and the estate or interest sought to be 9 acquired therein; (2) the formally adopted schedule or plan 10 of operation for the execution of the plaintiff's project; 11 (3) the situation of the property to which the motion 12 relates, with respect to the schedule or plan; (4) the 13 necessity for taking such property in the manner requested in 14 the motion; and (5) if the property (except property 15 described in Section 3 of the Sports Stadium Act, or property 16 described as Site B in Section 2 of the Metropolitan Pier and 17 Exposition Authority Act, or property that is taken as 18 provided in the Meigs Field Airport Act) to be taken is 19 owned, leased, controlled or operated and used by, or 20 necessary for the actual operation of, any interstate common 21 carrier or other public utility subject to the jurisdiction 22 of the Illinois Commerce Commission, a statement to the 23 effect that the approval of such proposed taking has been 24 secured from such Commission, and attaching to such motion a 25 certified copy of the order of such Commission granting such 26 approval. If the schedule or plan of operation is not set 27 forth fully in the motion, a copy of such schedule or plan 28 shall be attached to the motion. 29 (Source: P.A. 88-486; 88-526; 88-670, eff. 12-2-94; 89-29, 30 eff. 6-23-95; 89-134, eff. 7-14-95; 89-343, eff. 8-17-95; 31 89-356, eff. 8-17-95; 89-445, eff. 2-7-96; 89-460, eff. 32 5-24-96; 89-494, eff. 6-21-96; 89-502, eff. 6-28-96; 89-504, 33 eff. 6-28-96; 89-592, eff. 8-1-96; 89-626, eff. 8-9-96; 34 89-683, eff. 6-1-97; 89-699, eff. 1-16-97; revised 1-28-97.) -28- LRB9001319PTcwam04 1 Section 95. No acceleration or delay. Where this Act 2 makes changes in a statute that is represented in this Act by 3 text that is not yet or no longer in effect (for example, a 4 Section represented by multiple versions), the use of that 5 text does not accelerate or delay the taking effect of (i) 6 the changes made by this Act or (ii) provisions derived from 7 any other Public Act.".