94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1759


 
Introduced 2/25/2005, by Sen. Christine Radogno
 
SYNOPSIS AS INTRODUCED:
 		














735 ILCS 5/7-101
  from Ch. 110, par. 7-101







    Amends the Code of Civil Procedure.  Provides that gradual elimination of nonconforming off-premises outdoor advertising signs over time, as permitted under Section 11-13-1 of the Illinois Municipal Code, shall be deemed just compensation for the signs under the Article concerning eminent domain. Provides that the right to compensation for an eminent domain taking applies to the owner or owners of any lawfully erected off-premises outdoor advertising sign that is compelled to be removed (instead of altered or removed). Effective immediately.
















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A BILL FOR









 











SB1759

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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 7-101 as follows:
 



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    (735 ILCS 5/7-101)  (from Ch. 110, par. 7-101)



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    Sec. 7-101. Compensation - Jury. Private property shall not 
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be taken
or damaged for public use without just compensation, 
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and in all cases in which
compensation is not made by the state 
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in its corporate capacity, or a political
subdivision of the 
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state, or municipality in its respective corporate capacity,

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such compensation shall be ascertained by a jury, as 
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hereinafter prescribed.
Where compensation is so made by the 
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state, a political subdivision of the
state, or municipality, 
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any party upon application may have a trial by jury to

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ascertain the just compensation to be paid. Such demand on the 
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part of the
state, a political subdivision of the state, or 
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municipality, shall be filed
with the complaint for 
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condemnation of the state, a political subdivision of
the 
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state, or municipality. Where the state, a political 
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subdivision of the
state, or municipality is plaintiff, a 
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defendant desirous of a trial by
jury must file a demand 
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therefor on or before the return date of the
summons served on 
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him or her or fixed in the publication in case of defendants

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served by publication. In the event no party in the 
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condemnation action
demands a trial by jury as provided for by 
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this Section, then the trial
shall be before the court without 
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a jury. The right to just compensation as
provided in this 
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Article applies to the owner or owners of any lawfully erected

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off-premises outdoor advertising sign that is compelled to be 
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altered or
removed under this Article or any other statute, or 
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under any ordinance or
regulation of any municipality or other 
 


 






SB1759
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unit of local government, and also
applies to the owner or 
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owners of the property on which that sign is erected.
Gradual 
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elimination of nonconforming off-premises outdoor advertising 
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signs over time, as permitted in Section 11-13-1 of the 
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Illinois Municipal Code, shall be deemed just compensation for 
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such signs under this Article. The right to just compensation 
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as provided in this Article applies to
property subject to a 
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conservation right under the Real Property Conservation
Rights 
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Act. The amount of compensation for the taking of the property 
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shall not
be diminished or reduced
by virtue of the existence 
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of the conservation right. The holder of the
conservation right 
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shall be entitled to just compensation for the value of the

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conservation right.

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(Source: P.A. 91-497, eff. 1-1-00.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.