093_HR0454enr HR0454 Enrolled LRB093 10616 WGH 10905 r 1 HOUSE RESOLUTION 454 2 WHEREAS, The Constitution of the State of Illinois, 3 Article 1, Section 15 states that "Private property shall not 4 be taken or damaged for public use without just compensation 5 as provided by law. Such compensation shall be determined by 6 a jury as provided by law"; and 7 WHEREAS, Quick-take powers were originally intended for 8 the acquisition of property to be used for public purposes, 9 not private purposes; therefore be it 10 RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE 11 NINETY-THIRD GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that 12 before the State or a unit of local government may request 13 House approval of legislation authorizing the State or the 14 unit of local government to acquire property by eminent 15 domain using "quick-take" powers under Section 7-103 of the 16 Code of Civil Procedure, the State or the unit of local 17 government must comply with all of the following procedures: 18 (1) The State or the unit of local government must 19 notify each owner of an interest in the property, by 20 certified mail, of the intention of the State or the unit 21 of local government to request approval of legislation by 22 the General Assembly authorizing the State or the unit of 23 local government to acquire the property by eminent 24 domain using "quick-take" powers under Section 7-103 of 25 the Code of Civil Procedure. 26 (2) The State or the unit of local government must 27 cause notice of its intention to request authorization to 28 acquire the property by eminent domain using "quick-take" 29 powers to be published in a newspaper of general 30 circulation in the territory sought to be acquired by the 31 State or the unit of local government. 32 (3) Following the notices required under paragraphs 33 (1) and (2), the State or the unit of local government HR0454 Enrolled -2- LRB093 10616 WGH 10905 r 1 must hold at least one public hearing, at the place where 2 the unit of local government normally holds its business 3 meetings (or, in the case of property sought to be 4 acquired by the State: (i) at a location in the county in 5 which the property sought to be acquired by the State is 6 located, or (ii) if the property is located in Cook 7 County, at a location in the township in which the 8 property is located, or (iii) if the property is located 9 in 2 adjacent counties other than Cook County or in 2 10 adjacent townships in Cook County, at a location in the 11 county or in the township in Cook County in which the 12 majority of the property is located, or (iv) if the 13 property is located in Cook County and an adjacent 14 county, at a location in the other county or in the 15 township in Cook County in which the majority of the 16 property is located), on the question of the acquisition 17 of the property by the State or the unit of local 18 government by eminent domain using "quick-take" powers. 19 (4) In the case of property sought to be acquired 20 by a unit of local government, following the public 21 hearing or hearings held under paragraph (3), the unit of 22 local government must adopt, by recorded vote, a 23 resolution to request approval of legislation by the 24 General Assembly authorizing the unit of local government 25 to acquire the property by eminent domain using 26 "quick-take" powers under Section 7-103 of the Code of 27 Civil Procedure. The resolution must include a statement 28 of the time period within which the unit of local 29 government requests authority to exercise "quick-take" 30 powers, which may not exceed one year. 31 (5) Following the public hearing or hearings held 32 under paragraph (3), and not less than 30 days following 33 the notice to the property owner or owners required under 34 paragraph (1), the head of the appropriate State office, HR0454 Enrolled -3- LRB093 10616 WGH 10905 r 1 department, or agency or the chief elected official of 2 the unit of local government must submit to the Chairman 3 and Minority Spokesperson of the House Executive 4 Committee a sworn, notarized affidavit that states all of 5 the following: 6 (A) The legal description of the property. 7 (B) The street address of the property. 8 (C) The name of each State Senator and State 9 Representative who represents the territory that is 10 the subject of the proposed taking. 11 (D) The date or dates on which the State or 12 the unit of local government contacted each such 13 State Senator and State Representative concerning 14 the intention of the State or the unit of local 15 government to request approval of legislation by the 16 General Assembly authorizing the State or the unit 17 of local government to acquire the property by 18 eminent domain using "quick-take" powers. 19 (E) The current name, address, and telephone 20 number of each owner of an interest in the property. 21 (F) A summary of all negotiations between the 22 State or the unit of local government and the owner 23 or owners of the property concerning the sale of the 24 property to the State or the unit of local 25 government. 26 (G) A statement of the date and location of 27 each public hearing held under paragraph (3). 28 (H) A statement of the public purpose for 29 which the State or the unit of local government 30 seeks to acquire the property. 31 The affidavit must also contain the certification of 32 the head of the appropriate State office, department, or 33 agency or the chief elected official of the unit of local 34 government that (i) the property is located within the HR0454 Enrolled -4- LRB093 10616 WGH 10905 r 1 territory under the jurisdiction of the State or the unit 2 of local government and (ii) the State or the unit of 3 local government seeks to acquire the property for a 4 public purpose. 5 (6) Together with the affidavit submitted under 6 paragraph (5), the head of the appropriate State office, 7 department, or agency or the chief elected official of 8 the unit of local government must submit the following 9 items to the Chairman and Minority Spokesperson of the 10 House Executive Committee: 11 (A) A map of the area in which the property to 12 be acquired is located, showing the location of the 13 property. 14 (B) Photographs of the property. 15 (C) An appraisal of the property by a real 16 estate appraiser who is certified or licensed under 17 the Real Estate Appraiser Licensing Act of 2002. 18 (D) In the case of property sought to be 19 acquired by a unit of local government, a copy of 20 the resolution adopted by the unit of local 21 government under paragraph (4). 22 (E) Documentation of the public purpose for 23 which the State or the unit of local government 24 seeks to acquire the property. 25 (F) A copy of each notice sent to an owner of 26 an interest in the property under paragraph (1); and 27 be it further 28 RESOLVED, That every affidavit submitted by the State or 29 a unit of local government pursuant to this Resolution, 30 together with all documents and other items submitted with 31 the affidavit, must be made available to any person upon 32 request for inspection and copying.