94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1905


 
Introduced 2/14/2005, by Rep. Michael J. Madigan - Barbara Flynn Currie - Daniel J. Burke
 
SYNOPSIS AS INTRODUCED:
 		













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







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
















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A BILL FOR









 











HB1905

LRB094 02897 LCB 32898 b






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    AN ACT concerning civil law.

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


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



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



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    Sec. 7-103. "Quick-take". 

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    (a) This Section applies only to proceedings under this 
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Article that
that are
authorized in the Sections following this 
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Section and preceding Section 7-104.
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    (b) In a proceeding subject to this Section,
the plaintiff, 
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at any time after the complaint has been filed and before

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

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


 






HB1905
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such Commission.

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    Except as hereinafter stated, the motion for taking shall

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state: (1) an accurate description of the property to which the 
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motion
relates and the estate or interest sought to be acquired 
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therein; (2)
the formally adopted schedule or plan of operation 
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for the execution of
the plaintiff's project; (3) the situation 
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of the property to which the
motion relates, with respect to 
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the schedule or plan; (4) the necessity
for taking such 
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property in the manner requested in the motion; and (5)
if the 
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property (except property described in Section 3 of the Sports

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Stadium Act, or property described as Site B in Section 2 of 
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the
Metropolitan Pier and Exposition Authority Act) to be taken 
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is owned,
leased, controlled or operated and used by, or 
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necessary for the actual
operation of, any interstate common 
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carrier or other public utility subject
to the jurisdiction of 
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the Illinois Commerce Commission, a statement to the
effect 
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that the approval of such proposed taking has been secured from 
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such
Commission, and attaching to such motion a certified copy 
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of the order of
such Commission granting such approval.  If the 
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schedule or plan of
operation is not set forth fully in the 
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motion, a copy of such schedule or
plan shall be attached to 
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the motion.

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