Public Act 90-0006 of the 90th General Assembly
Public Act 90-0006
SB797 Enrolled LRB9001365NTsb
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
O'Hare IAP Air Reserve Station Retrocession Act.
Section 1.5. Authorization to accept retrocession.
(a) Under the provisions of Section 2683 of Title 10 of
the United States Code, the State of Illinois authorizes
acceptance of retrocession by the United States of America of
exclusive legislative jurisdiction, to the extent such
jurisdiction has not previously been retroceded to the State
of Illinois, the United States retaining a federal
proprietary interest only, over lands consisting of the
O'Hare IAP Air Reserve Station, located in Chicago, Cook
County, Illinois, more particularly described as follows:
THAT PART OF THE SOUTH 1/2 OF SECTION 32, TOWNSHIP
41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN
AND THAT PART OF SECTION 5, TOWNSHIP 40 NORTH, RANGE 12
EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTHERLY OF
HIGGINS ROAD AND EASTERLY AND NORTHERLY OF A LINE
BEGINNING AT A POINT IN THE SOUTHERLY LINE OF HIGGINS
ROAD 33.00 FEET WEST OF THE NORTH AND SOUTH CENTER LINE
OF SAID SECTION 32; THENCE SOUTH PARALLEL WITH THE CENTER
LINE OF SAID SECTION 32 A DISTANCE OF 938.00 FEET; THENCE
SOUTH 39 DEGREES 13 MINUTES WEST WITH REFERENCE TO THE
CENTER LINE OF SAID SECTION 32 (ASSUMED HEREIN A NORTH
AND SOUTH BASE LINE) A DISTANCE OF 1465.00 FEET; THENCE
SOUTH 40 DEGREES 5 MINUTES 15 SECONDS EAST WITH REFERENCE
TO SAID SECTION 32 CENTER LINE A DISTANCE OF 949.60 FEET;
THENCE SOUTH 0 DEGREES 16 MINUTES 30 SECONDS EAST WITH
REFERENCE TO SAID SECTION 32 CENTER LINE A DISTANCE OF
1945.20 FEET TO AN INTERSECTION WITH A FENCE LINE
EXTENDED WEST; THENCE NORTH 89 DEGREES 43 MINUTES 30
SECONDS EAST WITH REFERENCE TO SAID SECTION 32 CENTER
LINE AND ALONG THE AFORESAID FENCE LINE TO THE EAST LINE
OF SAID SECTION 5, ALL IN COOK COUNTY, ILLINOIS;
EXCEPTING THE FOLLOWING PARCELS FROM THE ABOVE
DESCRIBED TRACT OF LAND:
EXCEPTION PARCEL 1 THAT PART OF THE FOLLOWING
DESCRIBED PROPERTY LYING WITHIN THE SOUTHEAST 1/4 OF
SECTION 32 AFORESAID:
THAT PART OF THE SOUTHEAST 1/4 OF SECTION 32,
TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL
MERIDIAN AND THE NORTHWEST 1/4 OF SECTION 4, TOWNSHIP 40
NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF
THE EAST 33.00 FEET OF THE SOUTHEAST 1/4 OF SECTION 32
AFORESAID WITH THE SOUTH LINE OF SAID SOUTHEAST 1/4;
THENCE SOUTH 87 DEGREES 38 MINUTES 27 SECONDS WEST, ALONG
SAID SOUTH LINE, 20.44 FEET; THENCE SOUTH 11 DEGREES 16
MINUTES 33 SECONDS WEST 40.93 FEET; THENCE SOUTH 87
DEGREES 52 MINUTES 11 SECONDS WEST 218.83 FEET TO THE
POINT OF INTERSECTION WITH THE SOUTHERLY EXTENSION OF A
LINE DRAWN 280.00 FEET WEST OF AND PARALLEL WITH THE EAST
LINE OF THE SOUTHEAST 1/4 OF SECTION 32 AFORESAID; THENCE
NORTH 0 DEGREES 7 MINUTES 12 SECONDS EAST, ALONG SAID
SOUTHERLY EXTENSION, 38.94 FEET TO THE SOUTH LINE OF THE
SOUTHEAST 1/4 OF SAID SECTION 32; THENCE NORTH 0 DEGREES
07 MINUTES 12 SECONDS EAST, ALONG THE AFORESAID LINE
DRAWN 280.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE
OF THE SOUTHEAST 1/4 OF SECTION 32 AFORESAID, 840.04
FEET; THENCE NORTH 44 DEGREES 52 MINUTES 47 SECONDS WEST
127.28 FEET TO A POINT 370 FEET (MEASURED
PERPENDICULARLY) WEST OF THE EAST LINE OF SAID SOUTHEAST
1/4; THENCE NORTH 89 DEGREES 52 MINUTES 48 SECONDS WEST
730 FEET TO THE WEST LINE OF THE EAST 1100 FEET OF THE
SOUTHEAST 1/4 OF SECTION 32 AFORESAID; THENCE NORTH 0
DEGREES 07 MINUTES 12 SECONDS EAST ALONG SAID WEST LINE
545.10 FEET TO THE CENTER LINE OF HIGGINS ROAD; THENCE
SOUTHEASTERLY ALONG SAID CENTER LINE, 468.74 FEET ALONG
THE ARC OF A CIRCLE CONVEX NORTHEASTERLY, HAVING A RADIUS
OF 8105.00 FEET AND WHOSE CHORD BEARS SOUTH 74 DEGREES 23
MINUTES 42 SECONDS EAST 468.67 FEET; THENCE CONTINUING
ALONG THE CENTER LINE OF HIGGINS ROAD SOUTH 72 DEGREES 44
MINUTES 18 SECONDS EAST TANGENT TO THE ABOVE DESCRIBED
CURVED LINE 678.48 FEET TO THE EAST LINE OF SAID
SOUTHEAST 1/4; THENCE SOUTH 0 DEGREES 07 MINUTES 12
SECONDS WEST ALONG SAID EAST LINE 527.91 FEET; THENCE
SOUTH 87 DEGREES 38 MINUTES 27 SECONDS WEST, ALONG A LINE
DRAWN PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST 1/4,
33.03 FEET TO THE WEST LINE OF THE EAST 33 FEET OF SAID
SOUTHEAST 1/4; THENCE SOUTH 0 DEGREES 07 MINUTES 12
SECONDS WEST, ALONG SAID WEST LINE, 610 FEET TO THE
HEREINABOVE DESCRIBED POINT OF BEGINNING, IN COOK COUNTY,
ILLINOIS.
EXCEPTION PARCEL 2 THE SOUTH 610.00 FEET OF THE EAST
33.00 FEET OF THE SOUTHEAST 1/4 OF SECTION 32 AFORESAID,
IN COOK COUNTY, ILLINOIS.
EXCEPTION PARCEL 3 CONVEYED TO CITY OF CHICAGO BY
DEED DOCUMENT NO. 89499209, RECORDED OCTOBER 20, 1989
SITUATED IN THE STATE OF ILLINOIS, COUNTY OF COOK, PART
OF THE NORTHEAST 1/4 AND THE SOUTHEAST 1/4 OF SECTION 5,
TOWNSHIP 40 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL
MERIDIAN, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST
1/4 OF SAID SECTION 5; THENCE ALONG THE EAST LINE OF THE
SOUTHEAST 1/4 OF SAID SECTION 5, SOUTH 00 DEGREES 03
MINUTES 08 SECONDS EAST, 102.48 FEET; THENCE SOUTH 89
DEGREES 46 MINUTES 16 SECONDS WEST, 58.68 FEET; THENCE
NORTH 00 DEGREES 02 MINUTES 56 SECONDS EAST, 1904.65
FEET; THENCE NORTH 89 DEGREES 08 MINUTES 46 SECONDS EAST,
30.11 FEET, TO THE POINT OF INTERSECTION WITH THE EAST
LINE OF THE NORTHEAST 1/4 OF SECTION 5 AFORESAID; THENCE
ALONG THE EAST LINE OF SAID NORTHEAST 1/4, SOUTH 00
DEGREES 51 MINUTES 14 SECONDS EAST, 1802.58 FEET TO THE
POINT OF BEGINNING.
EXCEPTION PARCEL 4 THAT PART OF THE SOUTHWEST 1/4 OF
SECTION 32, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD
PRINCIPAL MERIDIAN AND THAT PART OF THE NORTH 1/2 OF
SECTION 5, TOWNSHIP 40 NORTH, RANGE 12 EAST OF THE THIRD
PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF A LINE
33.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE
SOUTHWEST 1/4 OF SAID SECTION 32 AND WITH THE
SOUTHWESTERLY LINE OF HIGGINS ROAD, BEING A LINE 33.00
FEET SOUTHWESTERLY OF AND PARALLEL WITH THE CENTER LINE
OF SAID HIGGINS ROAD; THENCE SOUTH 0 DEGREES 02 MINUTES
46 SECONDS WEST, 938.00 FEET ALONG SAID LINE 33.00 FEET
WEST OF AND PARALLEL WITH THE EAST LINE OF THE SOUTHWEST
1/4 OF SAID SECTION 32 TO THE POINT OF BEGINNING; THENCE
SOUTH 39 DEGREES 15 MINUTES 46 SECONDS WEST, 1465.00
FEET; THENCE SOUTH 40 DEGREES 02 MINUTES 29 SECONDS EAST,
97.19 FEET; THENCE NORTH 39 DEGREES 36 MINUTES 32 SECONDS
EAST, 1356.00 FEET TO SAID LINE 33.00 FEET WEST OF AND
PARALLEL WITH THE EAST LINE OF THE SOUTHWEST 1/4 OF
SECTION 32; THENCE NORTH 0 DEGREES 02 MINUTES 46 SECONDS
EAST, 164.00 FEET ALONG SAID PARALLEL LINE TO THE
HEREINABOVE DESIGNATED POINT OF BEGINNING, IN COOK
COUNTY, ILLINOIS.
LEASEHOLD PARCELS:
AIR FORCE LEASEHOLD:
THAT PART OF SECTION 5, TOWNSHIP 40 NORTH, RANGE 12
EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND
DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF
INTERSECTION OF A LINE 33.00 FEET WEST OF AND PARALLEL
WITH THE EAST LINE OF THE SOUTHWEST 1/4 OF SECTION 32,
TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL
MERIDIAN AND WITH THE SOUTHWESTERLY LINE OF HIGGINS ROAD,
BEING A LINE 33.00 FEET SOUTHWESTERLY OF AND PARALLEL
WITH THE CENTER LINE OF SAID HIGGINS ROAD; THENCE SOUTH 0
DEGREES 02 MINUTES 46 SECONDS WEST, 938.00 FEET ALONG
SAID LINE 33.00 FEET WEST OF AND PARALLEL WITH THE EAST
LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 32; THENCE
SOUTH 39 DEGREES 15 MINUTES 46 SECONDS WEST, 1465.00
FEET; THENCE SOUTH 40 DEGREES 02 MINUTES 29 SECONDS EAST,
97.19 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING
SOUTH 40 DEGREES 02 MINUTES 29 SECONDS EAST, 852.41 FEET;
THENCE SOUTH 0 DEGREES 13 MINUTES 44 SECONDS EAST,
1945.20 FEET TO THE POINT OF INTERSECTION WITH A LINE
DRAWN SOUTH 89 DEGREES 46 MINUTES 16 SECONDS WEST FROM A
POINT ON THE EAST LINE OF THE SOUTHEAST 1/4 OF THE
AFORESAID SECTION 5, SAID POINT BEING 102.48 FEET (AS
MEASURED ALONG SAID EAST LINE) SOUTH OF THE NORTHEAST
CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 5; THENCE
SOUTH 89 DEGREES 46 MINUTES 16 SECONDS WEST, ALONG THE
NORTHEASTERLY EXTENSION OF THE LAST DESCRIBED LINE, 2.60
FEET; THENCE NORTH 39 DEGREES 52 MINUTES 52 SECONDS WEST,
1301.94 FEET; THENCE NORTH 0 DEGREES 06 MINUTES 47
SECONDS EAST, 1261.87 FEET TO THE POINT OF INTERSECTION
WITH A LINE DRAWN SOUTH 39 DEGREES 36 MINUTES 32 SECONDS
WEST FROM THE AFORESAID POINT OF BEGINNING; THENCE NORTH
39 DEGREES 36 MINUTES 32 SECONDS EAST 437.23 FEET TO SAID
POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS.
AREA = 1,517,445 SQ. FT. OR 34.8357 ACRES
ACCESS ROAD LEASEHOLD:
SITUATED IN THE STATE OF ILLINOIS, COUNTY OF COOK,
BEING A STRIP OF LAND 60.00 FEET IN WIDTH IN THE
SOUTHWEST 1/4 OF SECTION 32, TOWNSHIP 41 NORTH, RANGE 12,
EAST OF THE THIRD PRINCIPAL MERIDIAN, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 32;
THENCE SOUTH 00 DEGREES 05 MINUTES 40 SECONDS EAST, 40.86
FEET ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID
SECTION 32; THENCE SOUTH 70 DEGREES 04 MINUTES 42 SECONDS
EAST, 184.24 FEET; THENCE SOUTH 00 DEGREES 04 MINUTES 23
SECONDS EAST, 51.63 FEET TO THE POINT OF BEGINNING OF THE
STRIP OF LAND HEREIN DESCRIBED AND BOUNDED AS FOLLOWS;
THENCE SOUTH 79 DEGREES 25 MINUTES 14 SECONDS EAST,
2272.59 FEET; THENCE SOUTHEASTERLY 255.55 FEET ALONG THE
ARC OF A CIRCLE CONVEX TO THE NORTHEAST AND TANGENT TO
THE LAST DESCRIBED LINE, HAVING A RADIUS OF 330.00 FEET
AND WHOSE CHORD BEARS SOUTH 57 DEGREES 14 MINUTES 08
SECONDS EAST, 249.21 FEET TO THE POINT OF INTERSECTION
WITH A LINE DRAWN 33.00 FEET WEST OF AND PARALLEL WITH
THE EAST LINE OF THE SOUTHWEST 1/4 OF SECTION 32
AFORESAID; THENCE SOUTH 00 DEGREES 02 MINUTES 46 SECONDS
WEST, 189.74 FEET ALONG SAID PARALLEL LINE; THENCE
NORTHWESTERLY 374.48 FEET ALONG THE ARC OF A CIRCLE
CONVEX TO THE NORTHEAST AND TANGENT TO THE LAST DESCRIBED
LINE, HAVING A RADIUS OF 270.00 FEET AND WHOSE CHORD
BEARS NORTH 39 DEGREES 41 MINUTES 14 SECONDS WEST, 345.18
FEET; THENCE NORTH 79 DEGREES 25 MINUTES 14 SECONDS WEST,
2261.30 FEET ALONG A LINE TANGENT TO THE LAST DESCRIBED
COURSE; THENCE NORTH 00 DEGREES 04 MINUTES 23 SECONDS
WEST, 61.05 FEET, TO THE POINT OF BEGINNING.
AREA = 153,243 SQ. FT. OR 3.5179 ACRES
ANTENNAE FARM LEASEHOLD:
SITUATED IN THE STATE OF ILLINOIS, COUNTY OF COOK,
PART OF THE EAST 1/2 OF SECTION 31 AND PART OF THE WEST
1/2 OF SECTION 32, ALL IN TOWNSHIP 41 NORTH, RANGE 12,
EAST OF THE THIRD PRINCIPAL MERIDIAN, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 32;
THENCE SOUTH 00 DEGREES 05 MINUTES 40 SECONDS EAST, 40.86
FEET ALONG THE WEST LINE OF SAID SOUTHWEST 1/4 TO THE
POINT OF BEGINNING OF THE LANDS HEREIN DESCRIBED AND
BOUNDED AS FOLLOWS; THENCE SOUTH 70 DEGREES 04 MINUTES 42
SECONDS EAST, 184.24 FEET; THENCE SOUTH 00 DEGREES 04
MINUTES 23 SECONDS EAST, 1218.27 FEET; THENCE NORTH 74
DEGREES 12 MINUTES 11 SECONDS WEST, 725.00 FEET; THENCE
NORTH 00 DEGREES 04 MINUTES 23 SECONDS WEST, 475.00 FEET;
THENCE NORTH 74 DEGREES 12 MINUTES 11 SECONDS WEST,
800.00 FEET TO A POINT 30.00 FEET EAST (AS MEASURED
PERPENDICULARLY) OF THE WEST LINE OF THE EAST 1/2 OF THE
SOUTHEAST 1/4 OF SECTION 31 AFORESAID; THENCE ALONG SAID
PARALLEL LINE, NORTH 00 DEGREES 04 MINUTES 23 SECONDS
WEST, 860.00 FEET; THENCE SOUTH 70 DEGREES 04 MINUTES 42
SECONDS EAST, 1376.73 FEET, TO THE POINT OF BEGINNING.
AREA = 1,507,150 SQ. FT. OR 34.5994 ACRES
Further, the State of Illinois accepts retrocession of and
authorizes acceptance of retrocession over all those lands
owned by the United States that may subsequently be
identified by the Department of the Air Force as part of the
O'Hare IAP Air Reserve Station, although not included within
the legal description contained in this subsection, to the
extent exclusive jurisdiction has not previously been
retroceded to the State of Illinois. Any additional land
over which the State accepts retrocession of jurisdiction
shall be identified in a notice filed by the Governor as
provided in subsection (d).
(b) By retaining in the subject lands a federal
proprietary interest only, there exists a right of the United
States to perform the functions delegated to it by the United
States Constitution and directed by statutory enactment of
the United States Congress without interference from any
source. The State of Illinois may not impose its regulatory
power directly upon the United States and may not tax the
land under the federal proprietary interest; however, the
State of Illinois may tax a lessee's interest in the land to
the extent State law permits.
(c) Subject to subsection (b), the State of Illinois
accepts cession of exclusive federal legislative jurisdiction
from the United States, and the State of Illinois retains all
the legislative jurisdiction over the area it would have if a
private individual rather than the United States owned the
land.
(d) The Governor of the State of Illinois is authorized
to accept the retrocession of exclusive legislative
jurisdiction over the subject lands by filing a notice of
acceptance with the Illinois Secretary of State.
(e) Upon transfer by deed of subject lands, or any
portion thereof, by the United States of America, the
proprietary interest retained by the United States shall
expire as to the particular property transferred.
Section 1.8. The Civil Administrative Code of Illinois
is amended by adding Section 49.34 as follows:
(20 ILCS 2705/49.34 new)
Sec. 49.34. The Meigs Users Advisory Committee.
(a) The Meigs Users Advisory Committee is hereby
created. The Meigs Users Advisory Committee shall be
composed of the following members: (i) 4 members appointed by
the Governor with the advice and consent of the Senate, 2 of
whom shall have extensive knowledge of business and corporate
aviation and 2 of whom shall have extensive knowledge of
general aviation; (ii) 4 members appointed by the Mayor of
the City of Chicago, all of whom shall have extensive
knowledge of general aviation; (iii) 4 members of the General
Assembly, one each appointed by the President of the Senate,
the Speaker of the House, the Minority Leader of the Senate,
and the Minority Leader of the House; and (iv) the Secretary
of Transportation or his or her designee, who shall serve as
Chairperson. The members appointed by the Governor and the
Mayor shall be users of Meigs Field.
(b) (1) The Secretary of Transportation or his or her
designee shall serve during the Secretary's term of
office.
(2) Members of the committee appointed under
subdivision (a)(iii) shall serve for their terms of
office, except that no such appointment shall be for a
term of more than 3 years. If a committee member who was
appointed under subdivision (a)(iii) ceases to be a
member of the chamber of the General Assembly from which
the member was appointed, he or she shall be replaced in
accordance with the method for filling vacancies.
(3) The initial members of the committee who are
appointed by the Mayor of the City of Chicago shall be
appointed as follows: one shall be appointed for a term
of one year, 2 shall be appointed for terms of 2 years,
and one shall be appointed for a term of 3 years. After
the expiration of the initial terms, all members of the
committee who are appointed by the Mayor of the City of
Chicago shall be appointed for terms of 3 years.
(4) The initial members of the committee who are
appointed by the Governor shall be appointed as follows:
one shall be appointed for a term of one year, one shall
be appointed for a term of 2 years, and 2 shall be
appointed for terms of 3 years. After the expiration of
the initial terms, all members of the committee who are
appointed by the Governor shall be appointed for terms of
3 years.
(5) Any member of the committee is eligible for
reappointment unless he or she no longer meets the
applicable qualifications. All members appointed to serve
on the committee shall serve until their respective
successors are appointed and confirmed. Vacancies shall
be filled in the same manner as original appointments.
(6) If a vacancy in membership under subdivision
(a)(i) occurs at a time when the Senate is not in
session, the Governor shall make a temporary appointment
until the next meeting of the Senate, when he or she
shall appoint, by and with the advice and consent of the
Senate, a person to fill that membership for the
unexpired term. If the Senate is not in session when the
initial appointments are made, those appointments shall
be made as in the case of vacancies.
(7) The committee shall be deemed established on
the date that a majority of the total number of members
has been appointed, regardless of whether any of those
initial members are then serving pursuant to appointment
and confirmation or pursuant to temporary appointments
that are made by the Governor as in the case of
vacancies.
(c) The Committee shall have the power to inspect all
books, records, contracts, financial data, agreements, and
documents relating to the operation and maintenance of Meigs
Field, including, without limitation, as-built plans for all
buildings, runways, taxiways, and aprons, the control tower,
terminal, and all related facilities, all security
agreements, fire protection agreements, airline agreements,
FOB agreements, concessionaire agreements, rental/lease
agreements, service agreements, financial data and budget
reports including revenues and expenditures, and any and all
studies or plans regarding the land use of Meigs Field.
(d) The chairperson shall give notice to the members of
the time and place for every meeting. The members of the
committee shall receive no compensation or reimbursement of
expenses in the performance of their duties. The Committee
shall review and hold public hearings on any proposals or
actions affecting the operation of Meigs Field. The
Committee shall issue recommendations to the Governor, the
Mayor of the City of Chicago, and the General Assembly with
regard to these proposals or actions and any other matters
concerning the operation of Meigs Field.
Section 2. The Illinois Highway Code is amended by
changing Section 4-203 as follows:
(605 ILCS 5/4-203) (from Ch. 121, par. 4-203)
Sec. 4-203. The Department may, in its discretion and as
funds become available for construction and maintenance, add
additional highways to the State highway system by (i) laying
out new highways, or (ii) taking over highways from the
county highway system, the township and district road system
or the municipal street system, or (iii) in order to ensure
access to Meigs Field (as defined in the Meigs Field Airport
Act) from the State highway system, taking over highways
from the county highway system, the township and district
road system, or the municipal street system or any necessary
park district highways, roads, or streets; but such highways,
roads, or streets so taken over into the State highway system
shall be highways, roads, or streets which form a logical
part of the State highway system for traffic purposes. Before
any such highway, road, or street is taken over the
Department shall notify the proper local officials in writing
of its intention to do so and the date when it will assume
the maintenance and care of such highway, road, or street.
Whenever any part or portion of any such highway, road, or
street which is situated within the corporate limits of any
municipality is hereafter or has heretofore been taken over,
the Department shall have exclusive jurisdiction and control
over only that part of such highway, road, or street which
the Department has constructed, or which the local authority
has constructed and which has been taken over by the
Department, and for the maintenance of which the Department
is responsible, including the hard-surfaced slab, shoulders
and drainage ditches. Whenever any municipality shall
construct with a durable hard surface the remaining portion
of a street, a part of which has been improved with a durable
hard surface by the Department, or taken over by it, then in
that case the Department shall have jurisdiction and control
over only that portion of the street over which it did
construct the durable hard surface or that part which it took
over from the municipality.
(Source: Laws 1959, p. 196; P.A. 89-683, eff. 6-1-97.)
Section 3. The Illinois Aeronautics Act is amended by
changing Sections 12 and 57 as follows:
(620 ILCS 5/12) (from Ch. 15 1/2, par. 22.12)
Sec. 12. "Airman" means any individual who operates or is
licensed to operate an aircraft in flight engaged, as the
person in command, or as pilot, mechanic, or member of the
crew, in the navigation of aircraft while under way and
(excepting individuals employed outside the United States,
any individual employed by a manufacturer of aircraft,
aircraft engines, propellers, or appliances to perform duties
as inspector or mechanic in connection therewith, and any
individual performing inspection or mechanical duties in
connection with aircraft owned or operated by him) any
individual who is directly in charge of the inspection,
maintenance, overhauling, or repair of aircraft engines,
propellers, or appliances; and any individual who serves in
the capacity of aircraft dispatcher or air traffic
controltower operator.
(Source: Laws 1945, p. 335.)
(620 ILCS 5/57) (from Ch. 15 1/2, par. 22.57)
Sec. 57. Findings; orders; record.
At the conclusion of such hearing, the Department shall
make and render findings concerning the subject matter and
facts inquired into and enter its order based thereon. A copy
of such order, certified under the seal of the Department,
shall be served upon all parties thereto, or their attorneys,
which order shall of its own force take effect and become
operative twenty days after the service thereof, except as
otherwise provided therein, and shall continue in force
either for a period which may be designated therein or until
changed or abrogated by the Department. Where an order
cannot, in the judgment of the Department, be complied with
within twenty days, the Department may prescribe such
additional time as in its judgment is reasonably necessary to
comply with the order, and may upon application and for good
cause shown extend the time for compliance fixed in its
order. A full and complete record shall be preserved
according to rule of all proceedings had before the
Department or any officer thereof, or any employee thereof
designated by it for the purpose of conducting any hearing,
on any formal hearing had and all testimony shall be recorded
taken down by a stenographer appointed by the Department in a
manner determined to be reliable and appropriate, and the
parties shall be entitled to be heard in person or by
attorney.
(Source: Laws 1945, p. 335.)
Section 4. The Code of Civil Procedure is amended by
changing Sections 7-102 and 7-103 as follows:
(735 ILCS 5/7-102) (from Ch. 110, par. 7-102)
Sec. 7-102. Parties. Where the right to take private
property for public use, without the owner's consent or the
right to construct or maintain any public road, railroad,
plankroad, turnpike road, canal or other public work or
improvement, or which may damage property not actually taken
has been heretofore or shall hereafter be conferred by
general law or special charter upon any corporate or
municipal authority, public body, officer or agent, person,
commissioner or corporation and the compensation to be paid
for or in respect of the property sought to be appropriated
or damaged for the purposes mentioned cannot be agreed upon
by the parties interested, or in case the owner of the
property is incapable of consenting, or the owner's name or
residence is unknown, or the owner is a nonresident of the
state, the party authorized to take or damage the property so
required, or to construct, operate and maintain any public
road, railroad, plankroad, turnpike road, canal or other
public work or improvement, may apply to the circuit court of
the county where the property or any part thereof is
situated, by filing with the clerk a complaint, setting
forth, by reference, his, her or their authority in the
premises, the purpose for which the property is sought to be
taken or damaged, a description of the property, the names of
all persons interested therein as owners or otherwise as
appearing of record, if known, or if not known stating that
fact and praying such court to cause the compensation to be
paid to the owner to be assessed. If it appears that any
person not in being, upon coming into being, is, or may
become or may claim to be, entitled to any interest in the
property sought to be appropriated or damaged the court shall
appoint some competent and disinterested person as guardian
ad litem, to appear for and represent such interest in the
proceeding and to defend the proceeding on behalf of the
person not in being, and any judgment entered in the
proceeding shall be as effectual for all purposes as though
the person was in being and was a party to the proceeding. If
the proceeding seeks to affect the property of persons under
guardianship, the guardians shall be made parties defendant.
Persons interested, whose names are unknown, may be made
parties defendant by the same descriptions and in the same
manner as provided in other civil cases. Where the property
to be taken or damaged is a common element of property
subject to a declaration of condominium ownership pursuant to
the Condominium Property Act or of a common interest
community, the complaint shall name the unit owners'
association in lieu of naming the individual unit owners and
lienholders on individual units. Unit owners, mortgagees and
other lienholders may intervene as parties defendant. For the
purposes of this Section "common interest community" shall
have the same meaning as set forth in subsection (c) of
Section 9-102 of the Code of Civil Procedure. "Unit owners'
association" or "association" shall refer to both the
definition contained in Section 2 of the Condominium Property
Act and subsection (c) of Section 9-102 of the Code of Civil
Procedure. Where the property is sought to be taken or
damaged by the state for the purposes of establishing,
operating or maintaining any state house or state charitable
or other institutions or improvements, the complaint shall be
signed by the governor or such other person as he or she
shall direct, or as is provided by law. No property, except
property described in either Section 3 of the Sports Stadium
Act or Article 11, Division 139, of the Illinois Municipal
Code, and property described as Site B in Section 2 of the
Metropolitan Pier and Exposition Authority Act, and property
that may be taken as provided in the Meigs Field Airport Act,
belonging to a railroad or other public utility subject to
the jurisdiction of the Illinois Commerce Commission may be
taken or damaged, pursuant to the provisions of Article VII
of this Act, without the prior approval of the Illinois
Commerce Commission. This amendatory Act of 1991 (Public Act
87-760) is declaratory of existing law and is intended to
remove possible ambiguities, thereby confirming the existing
meaning of the Code of Civil Procedure and of the Illinois
Municipal Code in effect before January 1, 1992 (the
effective date of Public Act 87-760).
(Source: P.A. 86-110; 86-826; 86-1028; 87-733; 87-760;
87-895; 89-683, eff. 6-1-97.)
(735 ILCS 5/7-103) (from Ch. 110, par. 7-103)
(Text of Section before amendment by P.A. 89-683)
Sec. 7-103. "Quick-take". This Section applies only to
proceedings under this Article:
(1) by the State of Illinois, the Illinois Toll
Highway Authority or the St. Louis Metropolitan Area
Airport Authority for the acquisition of land or
interests therein for highway purposes;
(2) (blank);
(3) by the Department of Commerce and Community
Affairs for the purpose specified in the Illinois Coal
Development Bond Act;
(4) (blank);
(5) for the purpose specified in the St. Louis
Metropolitan Area Airport Authority Act;
(6) for a period of 24 months after May 24, 1996,
by the Southwestern Illinois Development Authority
pursuant to the Southwestern Illinois Development
Authority Act;
(7) for a period of 3 years after December 30,
1987, by the Quad Cities Regional Economic Development
Authority (except for the acquisition of land or
interests therein that is farmland, or upon which is
situated a farm dwelling and appurtenant structures, or
upon which is situated a residence, or which is wholly
within an area that is zoned for residential use)
pursuant to the Quad Cities Regional Economic Development
Authority Act;
(8) by a sanitary district created under the
Metropolitan Water Reclamation District Act for the
acquisition of land or interests therein for purposes
specified in that Act;
(9) by a rail carrier within the time limitations
and subject to the terms and conditions set forth in
Section 18c-7501 of the Illinois Vehicle Code;
(10) for a period of 18 months after January 26,
1987, for the purpose specified in Division 135 of
Article 11 of the Illinois Municipal Code, by a
commission created under Section 2 of the Water
Commission Act of 1985;
(11) by a village containing a population of less
than 15,000 for the purpose of acquiring property to be
used for a refuse derived fuel system designed to
generate steam and electricity, and for industrial
development that will utilize such steam and electricity,
pursuant to Section 11-19-10 of the Illinois Municipal
Code;
(12) after receiving the prior approval of the City
Council, by a municipality having a population of more
than 500,000 for the purposes set forth in Section
11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
Illinois Municipal Code, and for the same purposes when
established pursuant to home rule powers;
(13) by a home rule municipality, after a public
hearing held by the corporate authorities or by a
committee of the corporate authorities and after approval
by a majority of the corporate authorities, within an
area designated as an enterprise zone by the municipality
under the Illinois Enterprise Zone Act;
(14) by the Illinois Sports Facilities Authority
for the purpose specified in Section 12 of the Illinois
Sports Facilities Authority Act;
(15) by a municipality having a population of more
than 2,000,000 for the purpose of acquiring the property
described in Section 3 of the Sports Stadium Act;
(16) for a period of 18 months after July 29, 1986,
in any proceeding by the Board of Trustees of the
University of Illinois for the acquisition of land in
Champaign County or interests therein as a site for a
building or for any educational purpose;
(17) for a period of 2 years after July 1, 1990, by
a home rule municipality and a county board, upon
approval of a majority of the corporate authorities of
both the county board and the municipality, within an
area designated as an enterprise zone by the municipality
and the county board through an intergovernmental
agreement under the Illinois Enterprise Zone Act, when
the purpose of the condemnation proceeding is to acquire
land for the construction of an industrial harbor port,
and when the total amount of land to be acquired for that
purpose is less than 75 acres and is adjacent to the
Illinois River;
(18) by an airport authority located solely within
the boundaries of Madison County, Illinois, and which is
organized pursuant to the provisions of the Airport
Authorities Act, (i) for the acquisition of 160 acres, or
less, of land or interests therein for the purposes
specified in that Act which may be necessary to extend,
mark, and light runway 11/29 for a distance of 1600 feet
in length by 100 feet in width with parallel taxiway, to
relocate and mark County Highway 19, Madison County,
known as Moreland Road, to relocate the instrument
landing system including the approach lighting system and
to construct associated drainage, fencing and seeding
required for the foregoing project and (ii) for a period
of 6 months after December 28, 1989, for the acquisition
of 75 acres, or less, of land or interests therein for
the purposes specified in that Act which may be necessary
to extend, mark and light the south end of runway 17/35
at such airport;
(19) by any unit of local government for a
permanent easement for the purpose of maintaining,
dredging or cleaning the Little Calumet River;
(20) by any unit of local government for a
permanent easement for the purpose of maintaining,
dredging or cleaning the Salt Creek in DuPage County;
(21) by St. Clair County, Illinois, for the
development of a joint use facility at Scott Air Force
Base;
(22) by the Village of Summit, Illinois, to acquire
land for a waste to energy plant;
(23) for a period of 15 months after September 7,
1990, by the Department of Transportation or by any unit
of local government under the terms of an
intergovernmental cooperation agreement between the
Department of Transportation and the unit of local
government for the purpose of developing aviation
facilities in and around Chanute Air Force Base in
Champaign County, Illinois;
(24) for a period of 1 year after December 12,
1990, by the City of Morris for the development of the
Morris Municipal Airport;
(25) for a period of 1 year after June 19, 1991, by
the Greater Rockford Airport Authority for airport
expansion purposes;
(26) for a period of 24 months after June 30, 1991,
by the City of Aurora for completion of an instrument
landing system and construction of an east-west runway at
the Aurora Municipal Airport;
(27) for the acquisition by the Metropolitan Pier
and Exposition Authority of property described in
subsection (f) of Section 5 of the Metropolitan Pier and
Exposition Authority Act for the purposes of providing
additional grounds, buildings, and facilities related to
the purposes of the Metropolitan Pier and Exposition
Authority;
(28) for a period of 24 months after March 1, 1992,
by the Village of Wheeling and the City of Prospect
Heights, owners of the Palwaukee Municipal Airport, to
allow for the acquisition of right of way to complete the
realignment of Hintz Road and Wolf Road;
(29) for a period of one year from the effective
date of this amendatory Act of 1992, by the
Bloomington-Normal Airport Authority for airport
expansion purposes;
(30) for a period of 24 months after September 10,
1993, by the Cook County Highway Department and Lake
County Department of Transportation to allow for the
acquisition of necessary right-of-way for construction of
underpasses for Lake-Cook Road at the Chicago
Northwestern Railroad crossing, west of Skokie Boulevard,
and the Chicago, Milwaukee, St. Paul and Pacific Railroad
crossing, west of Waukegan Road;
(31) for a period of one year after December 23,
1993, by the City of Arcola and the City of Tuscola for
the development of the Arcola/Tuscola Water Transmission
Pipeline Project pursuant to the intergovernmental
agreement between the City of Arcola and the City of
Tuscola;
(32) for a period of 24 months from December 23,
1993, by the Village of Bensenville for the acquisition
of property bounded by Illinois Route 83 to the west and
O'Hare International Airport to the east to complete a
flood control project known as the Bensenville Ditch;
(33) for a period of 9 months after November 1,
1993, by the Medical Center Commission for the purpose of
acquiring a site for the Illinois State Police Forensic
Science Laboratory at Chicago, on the block bounded by
Roosevelt Road on the north, Wolcott Street on the east,
Washburn Street on the south, and Damen Avenue on the
west in Chicago, Illinois;
(34) for a period of 36 months after July 14, 1995,
by White County for the acquisition of a 3 1/2 mile
section of Bellaire Road, which is described as follows:
Commencing at the Northwest Corner of the Southeast 1/4
of Section 28, Township 6 South, Range 10 East of the 3rd
Principal Meridian; thence South to a point at the
Southwest Corner of the Southeast 1/4 of Section 9,
Township 7 South, Range 10 East of the 3rd Principal
Meridian;
(35) for a period of one year after July 14, 1995,
by the City of Aurora for permanent and temporary
easements except over land adjacent to Indian Creek and
west of Selmarten Creek located within the City of Aurora
for the construction of Phase II of the Indian Creek
Flood Control Project;
(35.1) for a period beginning June 24, 1995 (the
day following the effective date of Public Act 89-29) and
ending on July 13, 1995 (the day preceding the effective
date of Public Act 89-134), by the City of Aurora for
permanent and temporary easements for the construction of
Phase II of the Indian Creek Flood Control Project;
(36) for a period of 3 years from July 14, 1995, by
the Grand Avenue Railroad Relocation Authority for the
Grand Avenue Railroad Grade Separation Project within the
Village of Franklin Park, Illinois;
(37) for a period of 3 years after July 14, 1995,
by the Village of Romeoville for the acquisition of
rights-of-way for the 135th Street Bridge Project, lying
within the South 1/2 of Section 34, Township 37 North,
Range 10 East and the South 1/2 of Section 35, Township
37 North, Range 10 East of the Third Principal Meridian,
and the North 1/2 of Section 2, Township 36 North, Range
10 East and the North 1/2 of Section 3, Township 36
North, Range 10 East of the 3rd Principal Meridian, in
Will County, Illinois;
(37.1) for a period of 3 years after June 23, 1995,
by the Illinois Department of Transportation for the
acquisition of rights-of-way for the 135th Street Bridge
Project between the Des Plaines River and New Avenue
lying within the South 1/2 of Section 35, Township 37
North, Range 10 East of the Third Principal Meridian and
the North 1/2 of Section 2, Township 36 North, Range 10
East of the 3rd Principal Meridian, in Will County,
Illinois;
(38) for a period beginning June 24, 1995 (the day
after the effective date of Public Act 89-29) and ending
18 months after July 14, 1995 (the effective date of
Public Act 89-134), by the Anna-Jonesboro Water
Commission for the acquisition of land and easements for
improvements to its water treatment and storage
facilities and water transmission pipes;
(39) for a period of 36 months after July 14, 1995,
by the City of Effingham for the acquisition of property
which is described as follows:
Tract 1:
Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
thereof recorded in Book "K", Page 769, in the Recorder's
Office of Effingham County), situated in the City of
Effingham, County of Effingham and State of Illinois.
Tract 2:
The alley lying South and adjoining Tract 1, as
vacated by Ordinance recorded on July 28, 1937 in Book
183, Page 465, and all right, title and interest in and
to said alley as established by the Contract for Easement
recorded on August 4, 1937 in Book 183, Page 472;
(40) for a period of one year after July 14, 1995,
by the Village of Palatine for the acquisition of
property located along the south side of Dundee Road
between Rand Road and Hicks Road for redevelopment
purposes;
(41) for a period of 6 years after July 1, 1995,
for the acquisition by the Medical Center District of
property described in Section 3 of the Illinois Medical
District Act within the District Development Area as
described in Section 4 of that Act for the purposes set
forth in that Act;
(41.5) for a period of 24 months after June 21,
1996 by the City of Effingham, Illinois for acquisition
of property for the South Raney Street Improvement
Project Phase I;
(42) for a period of 3 years after June 21, 1996,
by the Village of Deerfield for the acquisition of
territory within the Deerfield Village Center, as
designated as of that date by the Deerfield Comprehensive
Plan, with the exception of that area north of Jewett
Park Drive (extended) between Waukegan Road and the
Milwaukee Railroad Tracks, for redevelopment purposes;
(43) for a period of 12 months after June 21, 1996,
by the City of Harvard for the acquisition of property
lying west of Harvard Hills Road of sufficient size to
widen the Harvard Hills Road right of way and to install
and maintain city utility services not more than 200 feet
west of the center line of Harvard Hills Road;
(44) for a period of 5 years after June 21, 1996,
by the Village of River Forest, Illinois, within the area
designated as a tax increment financing district when the
purpose of the condemnation proceeding is to acquire land
for any of the purposes contained in the River Forest Tax
Increment Financing Plan or authorized by the Tax
Increment Allocation Redevelopment Act, provided that
condemnation of any property zoned and used exclusively
for residential purposes shall be prohibited;
(45) for a period of 18 months after June 28, 1996,
by the Village of Schaumburg for the acquisition of land,
easements, and aviation easements for the purpose of a
public airport in Cook and DuPage Counties; provided that
if any proceedings under the provisions of this Article
are pending on that date, "quick-take" may be utilized by
the Village of Schaumburg;
(46) for a period of one year after June 28, 1996,
by the City of Pinckneyville for the acquisition of land
and easements to provide for improvements to its water
treatment and storage facilities and water transmission
pipes, and for the construction of a sewerage treatment
facility and sewerage transmission pipes to serve the
Illinois Department of Corrections Pinckneyville
Correctional Facility;
(47) for a period of 6 months after June 28, 1996,
by the City of Streator for the acquisition of property
described as follows for a first flush basin sanitary
sewer system:
Tract 5: That part of lots 20 and 21 in Block
6 in Moore and Plumb's addition to the city of
Streator, Illinois, lying south of the right of way
of the switch track of the Norfolk and Western
Railroad (now abandoned) in the county of LaSalle,
state of Illinois.
Tract 6: That part of lots 30, 31 and 32 in
Block 7 in Moore and Plumb's Addition to the city of
Streator, Illinois, lying north of the centerline of
Coal Run Creek and south of the right of way of the
switch track of the Norfolk and Western Railroad
(now abandoned) in the county of LaSalle, state of
Illinois;
(48) for a period of 36 months after January 16,
1997 the effective date of this amendatory Act of 1996,
by the Bi-State Development Agency of the
Missouri-Illinois Metropolitan District for the
acquisition of rights of way and related property
necessary for the construction and operation of the
MetroLink Light Rail System, beginning in East St. Louis,
Illinois, and terminating at Mid America Airport, St.
Clair County, Illinois;
(49) for a period of 2 years after January 16, 1997
the effective date of this amendatory Act of 1996, by the
Village of Schaumburg for the acquisition of
rights-of-way, permanent easements, and temporary
easements for the purpose of improving the Roselle
Road/Illinois Route 58/Illinois Route 72 corridor,
including rights-of-way along Roselle Road, Remington
Road, Valley Lake Drive, State Parkway, Commerce Drive,
Kristin Circle, and Hillcrest Boulevard, a permanent
easement along Roselle Road, and temporary easements
along Roselle Road, State Parkway, Valley Lake Drive,
Commerce Drive, Kristin Circle, and Hillcrest Boulevard,
in Cook County.
In a proceeding subject to this Section, the plaintiff,
at any time after the complaint has been filed and before
judgment is entered in the proceeding, may file a written
motion requesting that, immediately or at some specified
later date, the plaintiff either be vested with the fee
simple title (or such lesser estate, interest or easement, as
may be required) to the real property, or specified portion
thereof, which is the subject of the proceeding, and be
authorized to take possession of and use such property; or
only be authorized to take possession of and to use such
property, if such possession and use, without the vesting of
title, are sufficient to permit the plaintiff to proceed with
the project until the final ascertainment of compensation;
however, no land or interests therein now or hereafter owned,
leased, controlled or operated and used by, or necessary for
the actual operation of, any common carrier engaged in
interstate commerce, or any other public utility subject to
the jurisdiction of the Illinois Commerce Commission, shall
be taken or appropriated hereunder by the State of Illinois,
the Illinois Toll Highway Authority, the sanitary district,
the St. Louis Metropolitan Area Airport Authority or the
Board of Trustees of the University of Illinois without first
securing the approval of such Commission.
Except as hereinafter stated, the motion for taking shall
state: (1) an accurate description of the property to which
the motion relates and the estate or interest sought to be
acquired therein; (2) the formally adopted schedule or plan
of operation for the execution of the plaintiff's project;
(3) the situation of the property to which the motion
relates, with respect to the schedule or plan; (4) the
necessity for taking such property in the manner requested in
the motion; and (5) if the property (except property
described in Section 3 of the Sports Stadium Act or property
described as Site B in Section 2 of the Metropolitan Pier and
Exposition Authority Act) to be taken is owned, leased,
controlled or operated and used by, or necessary for the
actual operation of, any interstate common carrier or other
public utility subject to the jurisdiction of the Illinois
Commerce Commission, a statement to the effect that the
approval of such proposed taking has been secured from such
Commission, and attaching to such motion a certified copy of
the order of such Commission granting such approval. If the
schedule or plan of operation is not set forth fully in the
motion, a copy of such schedule or plan shall be attached to
the motion.
(Source: P.A. 88-486; 88-526; 88-670, eff. 12-2-94; 89-29,
eff. 6-23-95; 89-134, eff. 7-14-95; 89-343, eff. 8-17-95;
89-356, eff. 8-17-95; 89-445, eff. 2-7-96; 89-460, eff.
5-24-96; 89-494, eff. 6-21-96; 89-502, eff. 6-28-96; 89-504,
eff. 6-28-96; 89-592, eff. 8-1-96; 89-626, eff. 8-9-96;
89-699, eff. 1-16-97.)
(Text of Section after amendment by P.A. 89-683)
Sec. 7-103. "Quick-take". This Section applies only to
proceedings under this Article:
(1) by the State of Illinois, the Illinois Toll
Highway Authority or the St. Louis Metropolitan Area
Airport Authority for the acquisition of land or
interests therein for highway purposes;
(2) (blank);
(3) by the Department of Commerce and Community
Affairs for the purpose specified in the Illinois Coal
Development Bond Act;
(4) (blank);
(5) for the purpose specified in the St. Louis
Metropolitan Area Airport Authority Act;
(6) for a period of 24 months after May 24, 1996,
by the Southwestern Illinois Development Authority
pursuant to the Southwestern Illinois Development
Authority Act;
(7) for a period of 3 years after December 30,
1987, by the Quad Cities Regional Economic Development
Authority (except for the acquisition of land or
interests therein that is farmland, or upon which is
situated a farm dwelling and appurtenant structures, or
upon which is situated a residence, or which is wholly
within an area that is zoned for residential use)
pursuant to the Quad Cities Regional Economic Development
Authority Act;
(8) by a sanitary district created under the
Metropolitan Water Reclamation District Act for the
acquisition of land or interests therein for purposes
specified in that Act;
(9) by a rail carrier within the time limitations
and subject to the terms and conditions set forth in
Section 18c-7501 of the Illinois Vehicle Code;
(10) for a period of 18 months after January 26,
1987, for the purpose specified in Division 135 of
Article 11 of the Illinois Municipal Code, by a
commission created under Section 2 of the Water
Commission Act of 1985;
(11) by a village containing a population of less
than 15,000 for the purpose of acquiring property to be
used for a refuse derived fuel system designed to
generate steam and electricity, and for industrial
development that will utilize such steam and electricity,
pursuant to Section 11-19-10 of the Illinois Municipal
Code;
(12) after receiving the prior approval of the City
Council, by a municipality having a population of more
than 500,000 for the purposes set forth in Section
11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
Illinois Municipal Code, and for the same purposes when
established pursuant to home rule powers;
(13) by a home rule municipality, after a public
hearing held by the corporate authorities or by a
committee of the corporate authorities and after approval
by a majority of the corporate authorities, within an
area designated as an enterprise zone by the municipality
under the Illinois Enterprise Zone Act;
(14) by the Illinois Sports Facilities Authority
for the purpose specified in Section 12 of the Illinois
Sports Facilities Authority Act;
(15) by a municipality having a population of more
than 2,000,000 for the purpose of acquiring the property
described in Section 3 of the Sports Stadium Act;
(16) for a period of 18 months after July 29, 1986,
in any proceeding by the Board of Trustees of the
University of Illinois for the acquisition of land in
Champaign County or interests therein as a site for a
building or for any educational purpose;
(17) for a period of 2 years after July 1, 1990, by
a home rule municipality and a county board, upon
approval of a majority of the corporate authorities of
both the county board and the municipality, within an
area designated as an enterprise zone by the municipality
and the county board through an intergovernmental
agreement under the Illinois Enterprise Zone Act, when
the purpose of the condemnation proceeding is to acquire
land for the construction of an industrial harbor port,
and when the total amount of land to be acquired for that
purpose is less than 75 acres and is adjacent to the
Illinois River;
(18) by an airport authority located solely within
the boundaries of Madison County, Illinois, and which is
organized pursuant to the provisions of the Airport
Authorities Act, (i) for the acquisition of 160 acres, or
less, of land or interests therein for the purposes
specified in that Act which may be necessary to extend,
mark, and light runway 11/29 for a distance of 1600 feet
in length by 100 feet in width with parallel taxiway, to
relocate and mark County Highway 19, Madison County,
known as Moreland Road, to relocate the instrument
landing system including the approach lighting system and
to construct associated drainage, fencing and seeding
required for the foregoing project and (ii) for a period
of 6 months after December 28, 1989, for the acquisition
of 75 acres, or less, of land or interests therein for
the purposes specified in that Act which may be necessary
to extend, mark and light the south end of runway 17/35
at such airport;
(19) by any unit of local government for a
permanent easement for the purpose of maintaining,
dredging or cleaning the Little Calumet River;
(20) by any unit of local government for a
permanent easement for the purpose of maintaining,
dredging or cleaning the Salt Creek in DuPage County;
(21) by St. Clair County, Illinois, for the
development of a joint use facility at Scott Air Force
Base;
(22) by the Village of Summit, Illinois, to acquire
land for a waste to energy plant;
(23) for a period of 15 months after September 7,
1990, by the Department of Transportation or by any unit
of local government under the terms of an
intergovernmental cooperation agreement between the
Department of Transportation and the unit of local
government for the purpose of developing aviation
facilities in and around Chanute Air Force Base in
Champaign County, Illinois;
(24) for a period of 1 year after December 12,
1990, by the City of Morris for the development of the
Morris Municipal Airport;
(25) for a period of 1 year after June 19, 1991, by
the Greater Rockford Airport Authority for airport
expansion purposes;
(26) for a period of 24 months after June 30, 1991,
by the City of Aurora for completion of an instrument
landing system and construction of an east-west runway at
the Aurora Municipal Airport;
(27) for the acquisition by the Metropolitan Pier
and Exposition Authority of property described in
subsection (f) of Section 5 of the Metropolitan Pier and
Exposition Authority Act for the purposes of providing
additional grounds, buildings, and facilities related to
the purposes of the Metropolitan Pier and Exposition
Authority;
(28) for a period of 24 months after March 1, 1992,
by the Village of Wheeling and the City of Prospect
Heights, owners of the Palwaukee Municipal Airport, to
allow for the acquisition of right of way to complete the
realignment of Hintz Road and Wolf Road;
(29) for a period of one year from the effective
date of this amendatory Act of 1992, by the
Bloomington-Normal Airport Authority for airport
expansion purposes;
(30) for a period of 24 months after September 10,
1993, by the Cook County Highway Department and Lake
County Department of Transportation to allow for the
acquisition of necessary right-of-way for construction of
underpasses for Lake-Cook Road at the Chicago
Northwestern Railroad crossing, west of Skokie Boulevard,
and the Chicago, Milwaukee, St. Paul and Pacific Railroad
crossing, west of Waukegan Road;
(31) for a period of one year after December 23,
1993, by the City of Arcola and the City of Tuscola for
the development of the Arcola/Tuscola Water Transmission
Pipeline Project pursuant to the intergovernmental
agreement between the City of Arcola and the City of
Tuscola;
(32) for a period of 24 months from December 23,
1993, by the Village of Bensenville for the acquisition
of property bounded by Illinois Route 83 to the west and
O'Hare International Airport to the east to complete a
flood control project known as the Bensenville Ditch;
(33) for a period of 9 months after November 1,
1993, by the Medical Center Commission for the purpose of
acquiring a site for the Illinois State Police Forensic
Science Laboratory at Chicago, on the block bounded by
Roosevelt Road on the north, Wolcott Street on the east,
Washburn Street on the south, and Damen Avenue on the
west in Chicago, Illinois;
(34) for a period of 36 months after July 14, 1995,
by White County for the acquisition of a 3 1/2 mile
section of Bellaire Road, which is described as follows:
Commencing at the Northwest Corner of the Southeast 1/4
of Section 28, Township 6 South, Range 10 East of the 3rd
Principal Meridian; thence South to a point at the
Southwest Corner of the Southeast 1/4 of Section 9,
Township 7 South, Range 10 East of the 3rd Principal
Meridian;
(35) for a period of one year after July 14, 1995,
by the City of Aurora for permanent and temporary
easements except over land adjacent to Indian Creek and
west of Selmarten Creek located within the City of Aurora
for the construction of Phase II of the Indian Creek
Flood Control Project;
(35.1) for a period beginning June 24, 1995 (the
day following the effective date of Public Act 89-29) and
ending on July 13, 1995 (the day preceding the effective
date of Public Act 89-134), by the City of Aurora for
permanent and temporary easements for the construction of
Phase II of the Indian Creek Flood Control Project;
(36) for a period of 3 years from July 14, 1995, by
the Grand Avenue Railroad Relocation Authority for the
Grand Avenue Railroad Grade Separation Project within the
Village of Franklin Park, Illinois;
(37) for a period of 3 years after July 14, 1995,
by the Village of Romeoville for the acquisition of
rights-of-way for the 135th Street Bridge Project, lying
within the South 1/2 of Section 34, Township 37 North,
Range 10 East and the South 1/2 of Section 35, Township
37 North, Range 10 East of the Third Principal Meridian,
and the North 1/2 of Section 2, Township 36 North, Range
10 East and the North 1/2 of Section 3, Township 36
North, Range 10 East of the 3rd Principal Meridian, in
Will County, Illinois;
(37.1) for a period of 3 years after June 23, 1995,
by the Illinois Department of Transportation for the
acquisition of rights-of-way for the 135th Street Bridge
Project between the Des Plaines River and New Avenue
lying within the South 1/2 of Section 35, Township 37
North, Range 10 East of the Third Principal Meridian and
the North 1/2 of Section 2, Township 36 North, Range 10
East of the 3rd Principal Meridian, in Will County,
Illinois;
(38) for a period beginning June 24, 1995 (the day
after the effective date of Public Act 89-29) and ending
18 months after July 14, 1995 (the effective date of
Public Act 89-134), by the Anna-Jonesboro Water
Commission for the acquisition of land and easements for
improvements to its water treatment and storage
facilities and water transmission pipes;
(39) for a period of 36 months after July 14, 1995,
by the City of Effingham for the acquisition of property
which is described as follows:
Tract 1:
Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
thereof recorded in Book "K", Page 769, in the Recorder's
Office of Effingham County), situated in the City of
Effingham, County of Effingham and State of Illinois.
Tract 2:
The alley lying South and adjoining Tract 1, as
vacated by Ordinance recorded on July 28, 1937 in Book
183, Page 465, and all right, title and interest in and
to said alley as established by the Contract for Easement
recorded on August 4, 1937 in Book 183, Page 472;
(40) for a period of one year after July 14, 1995,
by the Village of Palatine for the acquisition of
property located along the south side of Dundee Road
between Rand Road and Hicks Road for redevelopment
purposes;
(41) for a period of 6 years after July 1, 1995,
for the acquisition by the Medical Center District of
property described in Section 3 of the Illinois Medical
District Act within the District Development Area as
described in Section 4 of that Act for the purposes set
forth in that Act;
(41.5) for a period of 24 months after June 21,
1996 by the City of Effingham, Illinois for acquisition
of property for the South Raney Street Improvement
Project Phase I;
(42) for a period of 3 years after June 21, 1996,
by the Village of Deerfield for the acquisition of
territory within the Deerfield Village Center, as
designated as of that date by the Deerfield Comprehensive
Plan, with the exception of that area north of Jewett
Park Drive (extended) between Waukegan Road and the
Milwaukee Railroad Tracks, for redevelopment purposes;
(43) for a period of 12 months after June 21, 1996,
by the City of Harvard for the acquisition of property
lying west of Harvard Hills Road of sufficient size to
widen the Harvard Hills Road right of way and to install
and maintain city utility services not more than 200 feet
west of the center line of Harvard Hills Road;
(44) for a period of 5 years after June 21, 1996,
by the Village of River Forest, Illinois, within the area
designated as a tax increment financing district when the
purpose of the condemnation proceeding is to acquire land
for any of the purposes contained in the River Forest Tax
Increment Financing Plan or authorized by the Tax
Increment Allocation Redevelopment Act, provided that
condemnation of any property zoned and used exclusively
for residential purposes shall be prohibited;
(45) for a period of 18 months after June 28, 1996,
by the Village of Schaumburg for the acquisition of land,
easements, and aviation easements for the purpose of a
public airport in Cook and DuPage Counties; provided that
if any proceedings under the provisions of this Article
are pending on that date, "quick-take" may be utilized by
the Village of Schaumburg;
(46) for a period of one year after June 28, 1996,
by the City of Pinckneyville for the acquisition of land
and easements to provide for improvements to its water
treatment and storage facilities and water transmission
pipes, and for the construction of a sewerage treatment
facility and sewerage transmission pipes to serve the
Illinois Department of Corrections Pinckneyville
Correctional Facility;
(47) for a period of 6 months after June 28, 1996,
by the City of Streator for the acquisition of property
described as follows for a first flush basin sanitary
sewer system:
Tract 5: That part of lots 20 and 21 in Block
6 in Moore and Plumb's addition to the city of
Streator, Illinois, lying south of the right of way
of the switch track of the Norfolk and Western
Railroad (now abandoned) in the county of LaSalle,
state of Illinois.
Tract 6: That part of lots 30, 31 and 32 in
Block 7 in Moore and Plumb's Addition to the city of
Streator, Illinois, lying north of the centerline of
Coal Run Creek and south of the right of way of the
switch track of the Norfolk and Western Railroad
(now abandoned) in the county of LaSalle, state of
Illinois;
(48) for a period of 36 months after January 16,
1997 the effective date of this amendatory Act of 1996,
by the Bi-State Development Agency of the
Missouri-Illinois Metropolitan District for the
acquisition of rights of way and related property
necessary for the construction and operation of the
MetroLink Light Rail System, beginning in East St. Louis,
Illinois, and terminating at Mid America Airport, St.
Clair County, Illinois;
(49) for a period of 2 years after January 16, 1997
the effective date of this amendatory Act of 1996, by the
Village of Schaumburg for the acquisition of
rights-of-way, permanent easements, and temporary
easements for the purpose of improving the Roselle
Road/Illinois Route 58/Illinois Route 72 corridor,
including rights-of-way along Roselle Road, Remington
Road, Valley Lake Drive, State Parkway, Commerce Drive,
Kristin Circle, and Hillcrest Boulevard, a permanent
easement along Roselle Road, and temporary easements
along Roselle Road, State Parkway, Valley Lake Drive,
Commerce Drive, Kristin Circle, and Hillcrest Boulevard,
in Cook County.
(48) by the Department of Transportation for
purposes of acquiring private property as specified in
the Meigs Field Airport Act.
In a proceeding subject to this Section, the plaintiff,
at any time after the complaint has been filed and before
judgment is entered in the proceeding, may file a written
motion requesting that, immediately or at some specified
later date, the plaintiff either be vested with the fee
simple title (or such lesser estate, interest or easement, as
may be required) to the real property, or specified portion
thereof, which is the subject of the proceeding, and be
authorized to take possession of and use such property; or
only be authorized to take possession of and to use such
property, if such possession and use, without the vesting of
title, are sufficient to permit the plaintiff to proceed with
the project until the final ascertainment of compensation;
however, no land or interests therein now or hereafter owned,
leased, controlled or operated and used by, or necessary for
the actual operation of, any common carrier engaged in
interstate commerce, or any other public utility subject to
the jurisdiction of the Illinois Commerce Commission, shall
be taken or appropriated hereunder by the State of Illinois,
the Illinois Toll Highway Authority, the sanitary district,
the St. Louis Metropolitan Area Airport Authority or the
Board of Trustees of the University of Illinois without first
securing the approval of such Commission.
Except as hereinafter stated, the motion for taking shall
state: (1) an accurate description of the property to which
the motion relates and the estate or interest sought to be
acquired therein; (2) the formally adopted schedule or plan
of operation for the execution of the plaintiff's project;
(3) the situation of the property to which the motion
relates, with respect to the schedule or plan; (4) the
necessity for taking such property in the manner requested in
the motion; and (5) if the property (except property
described in Section 3 of the Sports Stadium Act, or property
described as Site B in Section 2 of the Metropolitan Pier and
Exposition Authority Act, or property that is taken as
provided in the Meigs Field Airport Act) to be taken is
owned, leased, controlled or operated and used by, or
necessary for the actual operation of, any interstate common
carrier or other public utility subject to the jurisdiction
of the Illinois Commerce Commission, a statement to the
effect that the approval of such proposed taking has been
secured from such Commission, and attaching to such motion a
certified copy of the order of such Commission granting such
approval. If the schedule or plan of operation is not set
forth fully in the motion, a copy of such schedule or plan
shall be attached to the motion.
(Source: P.A. 88-486; 88-526; 88-670, eff. 12-2-94; 89-29,
eff. 6-23-95; 89-134, eff. 7-14-95; 89-343, eff. 8-17-95;
89-356, eff. 8-17-95; 89-445, eff. 2-7-96; 89-460, eff.
5-24-96; 89-494, eff. 6-21-96; 89-502, eff. 6-28-96; 89-504,
eff. 6-28-96; 89-592, eff. 8-1-96; 89-626, eff. 8-9-96;
89-683, eff. 6-1-97; 89-699, eff. 1-16-97; revised 1-28-97.)
(30 ILCS 805/8.21 rep.)
Section 4.5. The State Mandates Act is amended by
repealing Section 8.21 as added by Public Act 89-683.
(620 ILCS 5/42-a rep.)
(620 ILCS 5/42-b rep.)
(620 ILCS 5/42-c rep.)
(620 ILCS 5/42-d rep.)
(620 ILCS 5/42-e rep.)
(620 ILCS 5/42-f rep.)
(620 ILCS 5/42-g rep.)
(620 ILCS 5/42-h rep.)
(620 ILCS 5/42-i rep.)
(620 ILCS 5/42-j rep.)
(620 ILCS 5/42-k rep.)
(620 ILCS 5/42-l rep.)
(620 ILCS 5/42-m rep.)
(620 ILCS 5/42-n rep.)
(620 ILCS 5/42-o rep.)
(620 ILCS 5/44a rep.)
Section 5. The Illinois Aeronautics Act is amended by
repealing Sections 42-a, 42-b, 42-c, 42-d, 42-e, 42-f, 42-g,
42-h, 42-i, 42-j, 42-k, 42-l, 42-m, 42-n, 42-o, and 44a.
(620 ILCS 60/Act rep.)
Section 10. The Meigs Field Airport Act, enacted as
Public Act 89-683 (Senate Bill 1186, enrolled, of the 89th
General Assembly), is repealed.
Section 95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.