State of Illinois
90th General Assembly
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90_SB1511

      735 ILCS 5/7-119          from Ch. 110, par. 7-119
          Amends   the   Code   of   Civil   Procedure    regarding
      admissibility  of evidence in eminent domain cases.  Provides
      that, if a court makes a determination that actual  sales  of
      property  have  been  completed  which constitute "comparable
      sales", then offers to purchase either the  subject  property
      or  a  comparable  property  are  inadmissible  in  evidence.
      Effective immediately.
                                                     LRB9009434SMdv
                                               LRB9009434SMdv
 1        AN  ACT  to amend the Code of Civil Procedure by changing
 2    Section 7-119.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Code  of Civil Procedure is amended by
 6    changing Section 7-119 as follows:
 7        (735 ILCS 5/7-119) (from Ch. 110, par. 7-119)
 8        Sec.  7-119.  Admissibility  of  evidence.   Evidence  is
 9    admissible as to (1) any benefit to the landowner  that  will
10    result  from  the  public  improvement  for which the eminent
11    domain  proceedings  were   instituted;   (2)   any   unsafe,
12    unsanitary,  substandard  or  other illegal condition, use or
13    occupancy of the property, including  any  violation  of  any
14    environmental  law  or  regulation;  (3)  the  effect of such
15    condition on income from or the  fair  market  value  of  the
16    property; and (4) the reasonable cost of causing the property
17    to  be  placed  in  a  legal  condition,  use  or  occupancy,
18    including compliance with environmental laws and regulations.
19    Such  evidence  is  admissible notwithstanding the absence of
20    any official  action  taken  to  require  the  correction  or
21    abatement of such illegal condition, use or occupancy.
22        If  the  court makes a determination that actual sales of
23    property have been  completed  which  constitute  "comparable
24    sales",  then  offers to purchase either the subject property
25    or a comparable property are inadmissible in evidence.
26    (Source: P.A. 90-393, eff. 1-1-98.)
27        Section 99.  Effective date.  This Act takes effect  upon
28    becoming law.

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