93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5638


 
Introduced 2/6/2004, by Michael J. Madigan
 
SYNOPSIS AS INTRODUCED:
 		












735 ILCS 5/7-103
  from Ch. 110, par. 7-103









    Amends the Code of Civil Procedure. Makes technical changes in a Section
concerning "quick-take" eminent domain powers.
















LRB093 16859 RCE 42513 b

















 


 


A BILL FOR









 











HB5638

LRB093 16859 RCE 42513 b






1
    AN ACT in relation to quick take. 

 
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 plaintiff, 
12
at any time after the complaint has been filed and before

13
judgment is entered in the proceeding, may file a written 
14
motion requesting
that, immediately or at some specified later 
15
date, the plaintiff either be
vested with the fee simple title 
16
(or such lesser estate, interest or
easement, as may be 
17
required) to the real property, or specified portion
thereof, 
18
which is the subject of the proceeding, and be authorized to 
19
take
possession of and use such property; or only be authorized 
20
to take
possession of and to use such property, if such 
21
possession and use, without
the vesting of title, are 
22
sufficient to permit the plaintiff to proceed
with the project 
23
until the final ascertainment of compensation; however, no
land 
24
or interests therein now or hereafter owned, leased, controlled 
25
or
operated and used by, or necessary for the actual operation 
26
of, any common
carrier engaged in interstate commerce, or any 
27
other public utility subject
to the jurisdiction of the 
28
Illinois Commerce Commission, shall be taken or
appropriated 
29
hereunder by the State of Illinois, the Illinois Toll Highway

30
Authority, the sanitary district, the St. Louis Metropolitan 
31
Area Airport
Authority or the Board of Trustees of the 
32
University of Illinois without
first securing the approval of 
 


 






HB5638
- 2 -
LRB093 16859 RCE 42513 b




1
such Commission.


2
    Except as otherwise
hereinafter stated in this Section, the

3
motion for taking shall
state: (1) an accurate description of 
4
the property to which the motion
relates and the estate or 
5
interest sought to be acquired therein; (2)
the formally 
6
adopted schedule or plan of operation for the execution of
the 
7
plaintiff's project; (3) the situation of the property to which 
8
the
motion relates, with respect to the schedule or plan; (4) 
9
the necessity
for taking such property in the manner requested 
10
in the motion; and (5)
if the property (except property 
11
described in Section 3 of the Sports
Stadium Act, or property 
12
described as Site B in Section 2 of the
Metropolitan Pier and 
13
Exposition Authority Act) to be taken is owned,
leased, 
14
controlled or operated and used by, or necessary for the actual

15
operation of, any interstate common carrier or other public 
16
utility subject
to the jurisdiction of the Illinois Commerce 
17
Commission, a statement to the
effect that the approval of such 
18
proposed taking has been secured from such
Commission, and 
19
attaching to such motion a certified copy of the order of
such 
20
Commission granting such approval.  If the schedule or plan of

21
operation is not set forth fully in the motion, a copy of such 
22
schedule or
plan shall be attached to the motion.


23
(Source: P.A. 91-357, eff. 7-29-99; 91-367, eff. 7-30-99; 
24
92-16, eff.
6-28-01.)