093_HB1114eng

 
HB1114 Engrossed                     LRB093 07285 DRJ 07444 b

 1        AN ACT concerning civil procedure.

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

 4        Section 5.  The Code of Civil  Procedure  is  amended  by
 5    changing Section 7-103 as follows:

 6        (735 ILCS 5/7-103) (from Ch. 110, par. 7-103)
 7        Sec. 7-103.  "Quick-take".
 8        (a)  This  Section applies only to proceedings under this
 9    Article that are authorized in the  Sections  following  this
10    Section and preceding Section 7-104.
11        (b)  In   a  proceeding  subject  to  this  Section,  the
12    plaintiff, at any time after the complaint has been filed and
13    before judgment is entered in  the  proceeding,  may  file  a
14    written  motion  requesting  that,  immediately  or  at  some
15    specified later date, the plaintiff either be vested with the
16    fee   simple  title  (or  such  lesser  estate,  interest  or
17    easement, as may  be  required)  to  the  real  property,  or
18    specified  portion  thereof,  which  is  the  subject  of the
19    proceeding, and be authorized to take possession of  and  use
20    the  such  property; or only be authorized to take possession
21    of and to use such property,  if  such  possession  and  use,
22    without  the  vesting  of title, are sufficient to permit the
23    plaintiff  to  proceed  with  the  project  until  the  final
24    ascertainment of compensation; however, no land or  interests
25    therein   now  or  hereafter  owned,  leased,  controlled  or
26    operated and used by, or necessary for the  actual  operation
27    of, any common carrier engaged in interstate commerce, or any
28    other  public  utility  subject  to  the  jurisdiction of the
29    Illinois Commerce Commission, shall be taken or  appropriated
30    hereunder by the State of Illinois, the Illinois Toll Highway
31    Authority,  the sanitary district, the St. Louis Metropolitan
 
HB1114 Engrossed            -2-      LRB093 07285 DRJ 07444 b
 1    Area Airport Authority  or  the  Board  of  Trustees  of  the
 2    University of Illinois without first securing the approval of
 3    such Commission.
 4        Except as hereinafter stated, the motion for taking shall
 5    state:  (1)  an accurate description of the property to which
 6    the motion relates and the estate or interest  sought  to  be
 7    acquired  therein;  (2) the formally adopted schedule or plan
 8    of operation for the execution of  the  plaintiff's  project;
 9    (3)  the  situation  of  the  property  to  which  the motion
10    relates, with respect  to  the  schedule  or  plan;  (4)  the
11    necessity for taking such property in the manner requested in
12    the   motion;  and  (5)  if  the  property  (except  property
13    described in Section 3 of the Sports Stadium Act, or property
14    described as Site B in Section 2 of the Metropolitan Pier and
15    Exposition Authority Act)  to  be  taken  is  owned,  leased,
16    controlled  or  operated  and  used  by, or necessary for the
17    actual operation of, any interstate common carrier  or  other
18    public  utility  subject  to the jurisdiction of the Illinois
19    Commerce Commission, a  statement  to  the  effect  that  the
20    approval  of  such proposed taking has been secured from such
21    Commission, and attaching to such motion a certified copy  of
22    the  order of such Commission granting such approval.  If the
23    schedule or plan of operation is not set forth fully  in  the
24    motion,  a copy of such schedule or plan shall be attached to
25    the motion.
26    (Source: P.A. 91-357, eff.  7-29-99;  91-367,  eff.  7-30-99;
27    92-16, eff. 6-28-01.)