PETKA-O'MALLEY-GEO-KARIS. (O'BRIEN) 735 ILCS 5/7-122 from Ch. 110, par. 7-122 Amends the Eminent Domain Article of the Code of Civil Procedure. Makes a stylistic change in provisions regarding reimbursement by the State, its political subdivisions, or a municipality for a property owner's expenses in a court-ordered taking. SENATE AMENDMENT NO. 1. Deletes reference to: 735 ILCS 5/7-122 Adds reference to: 70 ILCS 805/6 from Ch. 96 1/2, par. 6309 735 ILCS 5/7-101 from Ch. 110, par. 7-101 735 ILCS 5/7-101.1 new 735 ILCS 5/7-101.2 new 735 ILCS 5/7-109 from Ch. 110, par. 7-109 735 ILCS 5/7-110 from Ch. 110, par. 7-110 735 ILCS 5/7-111.1 new 735 ILCS 5/7-111.2 new 735 ILCS 5/7-119.1 new 735 ILCS 5/7-121 from Ch. 110, par. 7-121 735 ILCS 5/7-123 from Ch. 110, par. 7-123 735 ILCS 5/7-130 new 735 ILCS 5/7-131 new 735 ILCS 5/7-132 new Deletes everything. Amends the Eminent Domain Article of the Code of Civil Procedure. Provides that part of the just compensation paid to a landowner for a taking shall include expenses and reasonable attorney fees. Makes other changes regarding the evidence admissible to place a value on the subject property, attorney fees and costs assessed, the purpose for which land may be condemned, the application of amendments to the Article, time limits within which a condemnation must be initiated after the intent to condemn is made known, the freedom of a condemning authority to act with regard to the condemned property and other governmental entities, and interest on payments owed. Amends the Downstate Forest Preserve District Act. In a provision regarding acquisition of land in a municipality by a forest preserve district, removes language limiting the scope of the provision by population and changes the description of the land that can be acquired without concurrence of the municipality from land contiguous to an existing park or forest preserve to land contiguous to the district doing the acquiring. Effective January 1, 2000. SENATE AMENDMENT NO. 2. Deletes reference to: 735 ILCS 5/7-101.2 new 735 ILCS 5/7-111.2 new 735 ILCS 5/7-123 735 ILCS 5/7-132 new Deletes everything. Amends the Eminent Domain Article of the Code of Civil Procedure. Provides that part of the just compensation paid to a landowner for a taking shall include expenses and reasonable attorney fees. Makes other changes regarding attorney fees and costs assessed, time limits within which a condemnation must be initiated after the intent to condemn is made known, interest on payments owed, the evidence admissible to place a value on the subject property, and the freedom of a condemning authority to act with regard to the condemned property and other governmental entities. Amends the Downstate Forest Preserve District Act. In a provision regarding acquisition of land in a municipality by a forest preserve district, removes language limiting the scope of the provision by population and changes the description of the land that can be acquired without concurrence of the municipality from land contiguous to an existing park or forest preserve to land contiguous to the district doing the acquiring. Effective immediately. SENATE AMENDMENT NO. 3. Deletes the title and everything after the enacting clause. Amends the Downstate Forest Preserve District Act. Provides that a forest preserve district with a population of at least 600,000, as well as under 600,000, must have the concurrence of the governing body of the municipality to purchase, condemn, lease, or acquire an easement in property in that municipality. Provides that a district with a population of at least 500,000, as well as less than 500,000, may condemn property for a linear park or trail within a municipality only with the concurrence of the governing body of the municipality or in an unincorporated area with only the concurrence of the township board or to dismiss or abandon a condemnation proceeding only with the consent of the property owners. Provides that all acquisitions of land by a forest preserve district (now only a district with a popu- lation less than 600,000) within 1 1/2 miles of a municipality shall be preceded by a conference with the mayor or president of the muni- cipality or his designated agent. Amends the Code of Civil Procedure. Provides that an owner-occupied residence that qualifies as homestead property may not be taken for recreational purposes unless the con- demning authority establishes by clear and convincing evidence that the taking is for the public purpose or removing blighted areas for redevelopment and is indispensable to the implementation of a long-- range comprehensive plan. Not applicable to takings by a public utility. Makes other changes. Effective immediately. HOUSE AMENDMENT NO. 1. Deletes reference to: 70 ILCS 805/6 735 ILCS 5/7-101.1 new 735 ILCS 5/7-109 735 ILCS 5/7-110 735 ILCS 5/7-111.1 new 735 ILCS 5/7-119.1 new 735 ILCS 5/7-121 735 ILCS 5/7-130 new 735 ILCS 5/7-131 new Deletes everything. Amends the Eminent Domain Article of the Code of Civil Procedure. Provides that, in counties with an executive form of government or with a population of less than 180,000 (except for the counties of Tazewell, DeKalb, and Kendall), an owner-occupied residence that qualifies as homestead property under the Property Tax Code or a farm as defined in the Property Tax Code may not be taken for recreational purposes by a forest preserve district except with the consent of the owner. Provides that the restriction does not apply to takings of property by a public utility authorized by a grant of authority issued under Article VIII of the Public Utilities Act. STATE MANDATES NOTE, H-AM 1 (Department of Commerce and Community Affairs) Creates a due process mandate for which no reimbursement is required. HOME RULE NOTE, H-AM 1 (Department of Commerce and Community Affairs) Does not preempt home rule authority. FISCAL NOTE, H-AM 1 (Department of Natural Resources) There would be no fiscal impact. FISCAL NOTE, H-AM 1,2 (Department of Natural Resources) There would be no fiscal impact. HOUSING AFFORDABILITY NOTE, H-AM 1 (Housing Development Auth.) There will be no fiscal effect on the cost of constructing, purchasing, owning, or selling a single-family residence. HOUSE AMENDMENT NO. 2. Deletes the amendatory language in the bill, as amended. Amends the Eminent Domain Article of the Code of Civil Procedure. Provides that, in counties with an executive form of government or a forest preserve district established after July 1, 1999, an owner-occupied residence that qualifies as homestead property under the Property Tax Code or a farm as defined in the Property Tax Code may not be taken for recreational purposes by a forest preserve district except with the consent of the owner. Provides that the restriction does not apply if the owner is a willing seller nor to takings of property by a public utility authorized by a grant of authority issued under Article VIII of the Public Utilities Act. STATE MANDATES NOTE, H-AM 2 (Department of Commerce and Community Affairs) Same as previous State mandate note. HOME RULE NOTE, H-AM 2 (Department of Commerce and Community Affairs) Same as previous home rule note. LAND CONVEYANCE NOTE, H-AM 2 (Department of Transportation) This legislation contains no land conveyances for the State. 99-01-27 S FIRST READING 99-01-27 S REFERRED TO SENATE RULES COMMITTEE RULES 99-01-27 S ASSIGNED TO COMMITTEE JUDICIARY 99-02-03 S POSTPONED 99-02-03 S AMENDMENT NO. 01-JUDICIARY S 99-02-03 S ADOPTED 99-02-16 S ADDED AS A CHIEF CO-SPONSOR O'MALLEY 99-02-17 S ADDED AS A CHIEF CO-SPONSOR GEO-KARIS 99-02-18 S HELD IN COMMITTEE 99-02-25 S HELD IN COMMITTEE 99-03-03 S AMENDMENT NO. 02-JUDICIARY S 99-03-03 S ADOPTED 99-03-03 S DO PASS AS AMENDED 006-000-004 SJUD 99-03-03 S PLACED ON CALENDAR ORDER OF 2ND READING 99-03-04 99-03-23 S FILED WITH SECRETARY 99-03-23 S AMENDMENT NO. 03-PETKA 99-03-23 S AMENDMENT REFERRED TO SRUL 99-03-23 S AMENDMENT NO. 03-PETKA 99-03-23 S RULES REFERS TO SJUD 99-03-24 S AMENDMENT NO. 03-PETKA 99-03-24 S BE ADOPTED SJUD/008-001-001 99-03-24 S SECOND READING 99-03-24 S AMENDMENT NO. 03-PETKA 99-03-24 S ADOPTED 99-03-24 S PLACED ON CALENDAR ORDER OF 3RD READING 99-03-25 99-03-25 S THIRD READING - PASSED 031-025-003 99-03-25 H ARRIVE IN HOUSE 99-03-25 H HOUSE SPONSOR HOLBROOK 99-03-25 H FIRST READING 99-03-25 H REFERRED TO HOUSE RULES COMMITTEE RULES 99-04-14 H ASSIGNED TO COMMITTEE EXECUTIVE 99-04-27 H ALTERNATE PRIMARY SPONSOR CHANGED TO O'BRIEN 99-04-29 H AMENDMENT NO. 01-EXECUTIVE H 99-04-29 H ADOPTED 99-04-29 H DO PASS AS AMENDED/STANDARD DEBATE 008-005-000 HEXC 99-04-29 H PLACED CAL 2ND READING-STANDARD DEBATE 99-04-29 H FISCAL NOTE REQUESTED AS AMENDED POE 99-04-29 H STATE MNDT FISCAL NOTE RQSTD AS AMENDED POE 99-04-29 H HOME RULE NOTE REQUESTED AS AMENDED POE 99-04-29 H CALENDAR ORDER 2ND READING-STANDARD DBT 99-05-05 H STATE MNDT FISCAL NOTE FILED AS AMENDED BY HOUSE AMEND #1 99-05-05 H HOME RULE NOTE FILED AS AMENDED BY HOUSE AMEND #1 99-05-05 H CALENDAR ORDER 2ND READING-STANDARD DBT 99-05-07 H AMENDMENT NO. 02-O'BRIEN 99-05-07 H AMENDMENT REFERRED TO HRUL 99-05-07 H CALENDAR ORDER 2ND READING-STANDARD DBT 99-05-10 H FISCAL NOTE FILED AS AMENDED BY HOUSE AMEND #1 99-05-10 H CALENDAR ORDER 2ND READING-STANDARD DBT 99-05-11 H AMENDMENT NO. 02-O'BRIEN 99-05-11 H RULES REFERS TO HEXC 99-05-11 H CALENDAR ORDER 2ND READING-STANDARD DBT 99-05-12 H SECOND READING-STANDARD DEBATE 99-05-12 H HELD CAL ORDER 2ND READING-STANDARD DBT 99-05-14 H AMENDMENT NO. 02-O'BRIEN 99-05-14 H RECOMMENDS BE ADOPTED HEXC/008-007-000 99-05-14 H HELD CAL ORDER 2ND READING-STANDARD DBT 99-05-14 H 3RD RDING DEADLINE 99-05-14 H EXTENDED - 5/21/99 99-05-14 H HELD CAL ORDER 2ND READING-STANDARD DBT 99-05-18 H AMENDMENT NO. 02-O'BRIEN 99-05-18 H LOST 050-065-002 99-05-18 H HELD CAL ORDER 2ND READING-STANDARD DBT 99-05-19 H FISCAL NOTE FILED AS AMENDED BY HA #1 & 2 99-05-19 H MOTION FILED TO RECONSIDER VOTE BY WHICH HOUSE 99-05-19 H AMENDMENT 2 FAILED 99-05-19 H -SCHOENBERG 99-05-19 H HELD CAL ORDER 2ND READING-STANDARD DBT 99-05-20 H HOUS AFFORD IMPCT NOTE FLD AS AMENDED HOUSE AMEND #1 99-05-20 H HELD CAL ORDER 2ND READING-STANDARD DBT 99-05-21 H 3RD RDING DEADLINE 99-05-21 H EXTENDED - 5/31/99 99-05-21 H HELD CAL ORDER 2ND READING-STANDARD DBT 99-05-26 H MOTION TO RECONSIDER VOTE - PREVAILS 99-05-26 H AMENDMENT NO. 02-O'BRIEN 99-05-26 H ADOPTED 061-053-001 99-05-26 H STATE MNDT FISCAL NOTE RQSTD AS AMENDED BY HA #2/HASSERT 99-05-26 H HOME RULE NOTE REQUESTED AS AMENDED BY HA #2/HASSERT 99-05-26 H LAND CONV APPRAISAL REQUESTED AS AMENDED BY HA #2/HASSERT 99-05-26 H STATE MNDT FISCAL NOTE FILED AS AMENDED BY HOUSE AMEND #2 99-05-26 H HOME RULE NOTE FILED AS AMENDED BY HOUSE AMEND #2 99-05-26 H LAND CONV APPRAISAL FILED AS AMENDED BY HOUSE AMEND #2 99-05-27 H PLCD CAL ORDER 3RD READING-STNDRD DEBATE 99-05-27 H VERIFIED 99-05-27 H THIRD READING/STANDARD DEBATE/PASS 061-053-001 99-05-27 S SECRETARYS DESK - CONCURRENCE 01,02 99-06-27 S REFER TO RULES/PURSUANT SEN RULE 3-9 (B) RULES SRUL 01-01-09 S SESSION SINE DIE END OF INQUIRY Full Text Bill Summary