Public Act 90-0232 of the 90th General Assembly
Public Act 90-0232
SB1019 Enrolled LRB9001319PTcw
AN ACT concerning land transfer.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The City of Galesburg owns the following
described real estate:
A PART OF THE SOUTHEAST QUARTER OF SECTION 8,
TOWNSHIP 11 NORTH, RANGE 1 EAST OF THE 4TH PRINCIPAL
MERIDIAN, KNOX COUNTY, ILLINOIS AND BEING MORE
PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST
QUARTER OF SAID SECTION 8; THENCE S 00° 08' 27" W, A
DISTANCE OF 914.44 FEET ALONG THE EAST LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 8 TO THE TRUE POINT OF
BEGINNING; THENCE S 00° 08' 27" W, A DISTANCE OF 399.19
FEET CONTINUING ALONG THE EAST LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 8; THENCE S 87° 55' 05" W, A
DISTANCE OF 1192.25 FEET TO THE EAST RIGHT-OF-WAY LINE OF
SAID F. A. ROUTE 29; THENCE N 26° 21' 00" E, A DISTANCE
OF 453.60 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SAID
F. A. ROUTE 29; THENCE N 87° 55' 05" E, A DISTANCE OF
991.77 FEET TO THE TRUE POINT OF BEGINNING.
THE DESCRIBED TRACT CONTAINS 10.000 ACRES.
Section 10. The State of Illinois owns the following
described real estate, which is under the control of the
Department of Military Affairs:
Lot 1 of the Armory Subdivision being a resubdivision of
all of Blocks 13, 14 and 15 in the Factory Addition to the
City of Galesburg.
Section 15. The Adjutant General, on behalf of the State
of Illinois and the Department of Military Affairs, is
authorized to convey by quit claim deed all right, title, and
interest of the State of Illinois and the Department of
Military Affairs in and to the real estate described in
Section 10 to the City of Galesburg upon the City of
Galesburg conveying by warranty deed to the State of Illinois
the fee simple title in and to the real estate described in
Section 5.
Section 20. The Adjutant General shall obtain a
certified copy of this Act from the Secretary of State within
60 days after its effective date and, upon the exchange of
real estate described in this Section being made, shall cause
the certified document to be recorded in the office of the
Recorder of Knox County, Illinois.
Section 105. Upon the payment of the sum of $1.00 to the
State of Illinois, the Director of Mental Health and
Developmental Disabilities (before July 1, 1997) or the
Secretary of Human Services (on and after July 1, 1997) is
authorized to convey to the County of Kankakee by quit claim
deed, all right, title, and interest of the State of Illinois
in and to the following described real property, to wit:
A part of the North Half of the South Half of the
Southwest Quarter of Section 8, Township 30 North, Range
13 West of the 2nd P.M. in Kankakee County, Illinois,
described as follows: Commencing at the intersection of
the East right-of-way line of Illinois Route 49 with the
North line of the South Half of the South Half of the
Southwest Quarter of said Section 8; thence North
00° 14'25" West along said East right-of-way line a
distance of 300.00 feet to a point; thence South
88° 38'15" East a distance of 1,452.57 feet to a point;
thence South 00° 14'25" East a distance of 300.00 feet to
a point; thence North 88° 38'15" West along the North line
of the South Half of the South Half of the Southwest
Quarter of said Section 8 a distance of 1,452.57 feet to
the point of beginning, SUBJECT TO rights-of-way for
roads, drainage, and easements apparent or of record, AND
SUBJECT TO survey.
Section 110. The conveyance of real property authorized
by Section 105 shall be made subject to the express condition
that the property be used for the construction of a county
jail facility, and that if the grantee fails to use the
property for this purpose the title to the property shall
revert to the State of Illinois.
Section 115. The Director of Mental Health and
Developmental Disabilities (before July 1, 1997) or the
Secretary of Human Services (on and after July 1, 1997) shall
obtain a certified copy of the portions of this Act
containing the title, the enacting clause, the effective
date, the appropriate Section or Sections containing the land
descriptions of property to be transferred or otherwise
affected, and this Section within 60 days after its effective
date, and, upon receipt of the payment required by the
Section or Sections, if any payment is required, shall record
the certified document in the Recorder's Office in the
appropriate county.
Section 155. The Director of Agriculture is authorized
to convey by warranty deed the following 0.21 acre parcel of
land for the sum of $1,677.00 to Jeffrey Keith Myers of Du
Quoin:
Commencing at the southwest corner of the southwest
quarter of the southeast quarter of Section 17. Township
6 South. Range 1 west of the third principal meridian:
Thence easterly on the south line of the said southwest
quarter of the southeast quarter of section 17 on an
azimuth of 92 degrees 15' 02". A distance of 830.92 feet
to the point of beginning for this description: thence
northerly on an azimuth of 359 degrees 38' 56". A
distance of 61.66 feet: thence easterly on an azimuth of
92 degrees 15' 02". A distance of 134.28 feet: thence
southeasterly on an azimuth of 151 degrees 20' 09". A
distance of 47.25 feet: thence southeasterly on an
azimuth of 161 degrees 17' 44". A distance of 22.55 feet
to the said south line of the said southwest quarter of
the southeast quarter of section 17: thence westerly on
the said south line on an azimuth of 272 degrees 15' 02".
A distance of 163.82 feet to the point of beginning.
The Director of Agriculture is authorized to convey by
warranty deed the following 0.30 acre parcel of land for the
sum of $2,910.00 to Charles Jeffrey Robinson and Roseann
Marie Robinson of Du Quoin:
Commencing at the southwest corner of the southwest
quarter of the southeast quarter of section 17. Township
6 south. Range 1 west of the third principal meridian:
Thence easterly on the south line of the said southwest
quarter of the southeast quarter of section 17 on an
azimuth of 92 degrees 15' 02". A distance of 830.92
feet: thence northerly on an azimuth of 359 degrees
38'56". A distance of 61.66 feet to the point of
beginning for this description: thence northerly on an
azimuth of 359 degrees 38'56". A distance of 142.87 feet
to the south line of fair acres addition to the city of
Du Quoin, Illinois: thence easterly on the said south
line of fair acres addition on an azimuth of 92 degrees
15'02". A distance of 45.11 feet: thence southeasterly
on an azimuth of 146 degrees 57'13". A distance of
114.38 feet: thence southeasterly on an azimuth of 151
degrees 20'09". A distance of 57.55 feet: thence
westerly on an azimuth of 272 degrees 15' 02". A
distance of 134.28 feet to the point of beginning.
In addition, the Director of Agriculture may purchase the
following approximately 10 acre parcel of land from Coastal
Mart, Inc., of Houston, Texas, for the amount of $23,000.00:
Part of the Northwest Quarter of the Northeast Quarter of
Section 20, Township 6 South, Range 1 West of the Third
Principal Meridian, Perry County, Illinois, described as
follows: beginning at a point on the easterly right of
way line of U.S. Highway 51, which point is 75 feet north
of the south line of said northwest quarter of the
northeast quarter; thence northerly along said right of
way line a distance of 166 feet to a point; thence east
on a line parallel with the south line of said northwest
quarter of the northeast quarter a distance of 200 feet
to a point, thence southerly on a line parallel with the
easterly right of way line of said U.S. Highway 51 a
distance of 166 feet to a point, thence west parallel
with the south line of said northwest quarter of the
northeast quarter 200 feet to the place of beginning; and
The south one-fifth of the northwest quarter of the
northeast quarter, and the east one-half of three acres
of even width immediately north of and adjoining said
south one-fifth of the northwest quarter of the northeast
quarter of section 20, township 6 south, range 1 west of
the third Principal Meridian, Perry County, Illinois,
EXCEPTING therefrom the following described tracts:
EXCEPTION A: The west 150 feet of the south 75 feet of
said south one-fifth of said northwest quarter of the
northeast quarter; and,
EXCEPTION B: Beginning at a point on the easterly right
of way line of U.S. Highway 51, which point is 75 feet
north of the south line of said northwest quarter of the
northeast quarter, thence northerly along said right of
way line a distance of 166 feet to a point, then east on
a line parallel with the south line of said northwest
quarter of the northeast quarter a distance of 200 feet
to a point, thence southerly on a line parallel with the
easterly right of way line of said U.S. Highway 51 a
distance of 166 feet to a point, thence west parallel
with the south line of said northwest quarter of the
northeast quarter 200 feet to the place of beginning; and
EXCEPTION C: Beginning at a point 150 feet east of the
southwest corner of the northwest quarter of the
northeast quarter of section 20 and then running north a
distance of 75 feet parallel with the west line of the
northwest quarter of the northeast quarter of section 20
and then running east a distance of 25 feet parallel
with the northern line of the northwest quarter of the
northeast quarter of section 20 and then running south a
distance of 75 feet parallel with the west line of the
northwest quarter of the northeast quarter of section 20
and then running west a distance of 25 feet to the place
of beginning.
Section 160. The Director of Agriculture shall obtain a
certified copy of the portions of this Act containing the
title, the enacting clause, the effective date, the
appropriate Section or Sections containing the land
descriptions of property to be transferred or otherwise
affected, and this Section within 60 days after its effective
date and, upon receipt of payment required by the Section or
Sections, if any payment is required, shall record the
certified document in the Recorder's Office in the county in
which the land is located.
Section 205. The Code of Civil Procedure is amended by
changing Section 7-103 as follows:
(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;.
(51) for a period of 12 months after the effective
date of this amendatory Act of 1997, by the Village of
Bloomingdale for utility relocations necessitated by the
Lake Street Improvement Project on Lake Street between
Glen Ellyn Road and Springfield Drive in the Village of
Bloomingdale;
(52) for a period of 36 months after the effective
date of this amendatory Act of 1997, by the City of
Freeport, owners of the Freeport Albertus Municipal
Airport, to allow for acquisition of any land, rights, or
other property lying between East Lamm Road and East
Borchers Road to complete realignment of South Hollywood
Road and to establish the necessary runway safety zone in
accordance with Federal Aviation Administration and
Illinois Department of Transportation design criteria;
(53) for a period of 3 years after July 1, 1997, by
the Village of Elmwood Park to be used only for the
acquisition of commercially zoned property within the
area designated as the Tax Increment Redevelopment
Project Area by ordinance passed and approved on December
15, 1986, as well as to be used only for the acquisition
of commercially zoned property located at the northwest
corner of North Avenue and Harlem Avenue and commercially
zoned property located at the southwest corner of Harlem
Avenue and Armitage Avenue for redevelopment purposes, as
set forth in Division 74.3 of Article 11 of the Illinois
Municipal Code;
(54) for a period of 3 years after the effective
date of this amendatory Act of 1997, by the Village of
Oak Park for the acquisition of property located along
the south side of North Avenue between Austin Boulevard
and Harlem Avenue or along the north and south side of
Harrison Street between Austin Boulevard and Elmwood
Avenue, not including residentially zoned properties
within these areas, for commercial redevelopment goals.
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;.
(50) (48) by the Department of Transportation for
purposes of acquiring private property as specified in
the Meigs Field Airport Act;.
(51) for a period of 12 months after the effective
date of this amendatory Act of 1997, by the Village of
Bloomingdale for utility relocations necessitated by the
Lake Street Improvement Project on Lake Street between
Glen Ellyn Road and Springfield Drive in the Village of
Bloomingdale;
(52) for a period of 36 months after the effective
date of this amendatory Act of 1997, by the City of
Freeport, owners of the Freeport Albertus Municipal
Airport, to allow for acquisition of any land, rights, or
other property lying between East Lamm Road and East
Borchers Road to complete realignment of South Hollywood
Road and to establish the necessary runway safety zone in
accordance with Federal Aviation Administration and
Illinois Department of Transportation design criteria;
(53) for a period of 3 years after July 1, 1997, by
the Village of Elmwood Park to be used only for the
acquisition of commercially zoned property within the
area designated as the Tax Increment Redevelopment
Project Area by ordinance passed and approved on December
15, 1986, as well as to be used only for the acquisition
of commercially zoned property located at the northwest
corner of North Avenue and Harlem Avenue and commercially
zoned property located at the southwest corner of Harlem
Avenue and Armitage Avenue for redevelopment purposes, as
set forth in Division 74.3 of Article 11 of the Illinois
Municipal Code;
(54) for a period of 3 years after the effective
date of this amendatory Act of 1997, by the Village of
Oak Park for the acquisition of property located along
the south side of North Avenue between Austin Boulevard
and Harlem Avenue or along the north and south side of
Harrison Street between Austin Boulevard and Elmwood
Avenue, not including residentially zoned properties
within these areas, for commercial redevelopment goals.
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.)
Section 995. 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 999. Effective date. This Act takes effect upon
becoming law.