State of Illinois
92nd General Assembly
Legislation

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92_HB0471

 
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 1        AN   ACT   concerning   acquisition  of  real  estate  by
 2    railroads.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.  The Railroad Incorporation Act is amended by
 6    changing Section 17 as follows:

 7        (610 ILCS 5/17) (from Ch. 114, par. 18)
 8        Sec. 17. (a) If any railroad such corporation is shall be
 9    unable to agree with the owner for the purchase of  any  real
10    estate required for the purposes of its incorporation, or the
11    transaction  of  its  business,  or  for  its depots, station
12    buildings, machine and repair shops, or for mainline right of
13    way, the or  any  other  lawful  purpose  connected  with  or
14    necessary to the building, operating or running of said road,
15    such  corporation  may acquire such title to that real estate
16    in the manner that may be now or hereafter  provided  for  by
17    any law of eminent domain. Before commencing any such action,
18    the  railroad corporation must obtain a certificate of public
19    convenience and necessity after a public hearing  before  the
20    Illinois Commerce Commission.
21        (b)  The  Commission,  after  a  hearing,  shall grant an
22    application for a certificate  authorizing  the  exercise  of
23    eminent  domain  by  a  railroad, in whole or in part, to the
24    extent that it finds that (i) the  application  was  properly
25    filed,  (ii)  a public need for the service exists, and (iii)
26    the public convenience and necessity requires issuance of the
27    certificate.
28        (c)  In  its  determination  of  public  convenience  and
29    necessity  for  a  proposed  railroad   or   railroad-related
30    facility,  including  any  facility  designed  or intended to
31    transport goods  and  materials  by  rail  or  to  facilitate
 
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 1    transport,  and  any  alternate  locations  for  the proposed
 2    railroad or facility,  the  Commission  shall  consider,  but
 3    shall not be limited to considering, the  following:
 4             (1)  any   evidence   presented   by   the  Illinois
 5        Environmental    Protection    Agency    regarding    the
 6        environmental  impact  of  the   proposed   railroad   or
 7        facility;
 8             (2)  any   evidence   presented   by   the  Illinois
 9        Department of Transportation regarding the impact of  the
10        proposed  railroad  or  facility  on  regional  and local
11        traffic, safety, road construction, road maintenance,  or
12        other transportation;
13             (3)  any  evidence  presented  by  the Department of
14        Natural Resources regarding the impact  of  the  proposed
15        railroad  or  facility  on any conservation areas, forest
16        preserves, wildlife preserves,  wetlands,  or  any  other
17        natural resource;
18             (4)  any  evidence  of the effect of the railroad or
19        facility upon  the  economy,  infrastructure,  or  public
20        safety presented by local governmental units that will be
21        affected by the proposed railroad or facility, including,
22        but not limited to, evidence presented by county planning
23        departments,   cities,  towns,  zoning  commissions,  and
24        school districts;
25             (5)  any evidence of the effect of the  railroad  or
26        facility  upon  property  values  presented  by  property
27        owners  who  will be affected by the proposed railroad or
28        facility;
29             (6)  any evidence presented  by  the  Department  of
30        Commerce  and Community Affairs regarding the current and
31        future  economic  effect  of  the  proposed  railroad  or
32        facility, including, but not limited to, property values,
33        employment rates, residential development,  and  business
34        development; and
 
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 1             (7)  any  evidence  presented  by  any  other  State
 2        agency that participates in the proceeding.
 3        (d)  In  its  written order, the Commission shall address
 4    all of the evidence presented.  If the order is  contrary  to
 5    any  of  the evidence, the Commission shall state the reasons
 6    for its determination with regard to that evidence.
 7        (e)  If any Section, subsection,  portion,  sentence,  or
 8    phrase of this amendatory Act of the 92nd General Assembly is
 9    found   to   be   unenforceable  or  otherwise  invalid,  its
10    invalidity shall not affect the enforcement  or  validity  of
11    any  remaining Sections, subsections, portions, sentences, or
12    phrases of this amendatory Act.
13    (Source: Laws 1871, p. 625.)

14        Section 10.  The Illinois  Vehicle  Code  is  amended  by
15    changing Section 18c-7501 as follows:

16        (625 ILCS 5/18c-7501) (from Ch. 95 1/2, par. 18c-7501)
17        Sec.  18c-7501.   Eminent  Domain. If any rail carrier is
18    shall be unable to agree with the owner for the  purchase  of
19    any   real   estate   required   for   the  purposes  of  its
20    incorporation, or the transaction of its business, or for its
21    depots, station buildings, machine and repair shops,  or  for
22    mainline  right  of way, the rail carrier or any other lawful
23    purpose  connected  with  or  necessary  to   the   building,
24    operating  or  running of such rail carrier, such may acquire
25    such title to that real estate in the manner that may be  now
26    or  hereafter  provided  for  by  the  law of eminent domain.
27    Before commencing any such  action,  the  rail  carrier  must
28    obtain  a  certificate  of  public  convenience and necessity
29    after  a  public  hearing  before   the   Illinois   Commerce
30    Commission.
31        A  rail carrier may exercise quick take powers of eminent
32    domain as provided in  Article  VII  of  the  Code  of  Civil
 
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 1    Procedure,  as  now  or  hereafter  amended,  when all of the
 2    following  conditions  are  met:  (1)   the   complaint   for
 3    condemnation  is  filed within one year of the effective date
 4    of this amendatory Act  of  1988;  (2)  the  purpose  of  the
 5    condemnation   proceeding   is   to   acquire  land  for  the
 6    construction of an industrial harbor railroad port;  and  (3)
 7    the  total  amount of land to be acquired for that purpose is
 8    less than 75 acres and is adjacent to the Illinois River.
 9    (Source: P.A. 85-1159.)

10        Section 99.  Effective date.  This Act takes effect  upon
11    becoming law.

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