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Rep. George Scully Jr.
Filed: 4/6/2006
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09400SB2664ham003 |
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LRB094 19033 HLH 58153 a |
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| AMENDMENT TO SENATE BILL 2664
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| AMENDMENT NO. ______. Amend Senate Bill 2664 by replacing |
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| line 6 on page 1 through line 21 on page 2 with the following:
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| "(70 ILCS 2405/8) (from Ch. 42, par. 307)
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| Sec. 8. |
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| (a) The sanitary district may acquire by purchase, |
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| condemnation, or
otherwise all real and personal property, |
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| right of way and privilege,
either within or without its |
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| corporate limits that may be required for its
corporate |
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| purposes. If real property is acquired by condemnation, the
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| sanitary district may not sell or lease any
portion of the |
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| property
for a
period of 10
years after acquisition by |
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| condemnation is completed. If, after such 10-year
period, the |
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| sanitary district decides to sell or lease the property, it |
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| must
first offer the property for sale or lease to the previous |
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| owner of the land
from whom the sanitary district acquired the |
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| property. If the sanitary
district and such previous owner do |
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| not execute a contract for purchase or
lease of the property |
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| within 60 days from the initial offer, the sanitary
district |
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| then may offer the property for sale or lease to any other |
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| person.
If any district formed under this Act is unable to
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| agree with any other sanitary district upon the terms whereby |
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| it shall be
permitted to use the drains, channels or ditches of |
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| such other sanitary
district, the right to such use may be |
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| acquired by condemnation in any
circuit court by proceedings as |
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LRB094 19033 HLH 58153 a |
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| provided in Section 4-17 of the Illinois
Drainage Code. The |
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| compensation to be paid for such use may be a gross sum,
or it |
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| may be in the form of an annual rental, to be paid in yearly
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| installments as provided by the judgment of the court wherein
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| such proceedings may be had. However, when such compensation is |
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| fixed at a
gross sum all moneys for the purchase and |
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| condemnation of any property
shall be paid before possession is |
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| taken or any work done on the premises
damaged by the |
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| construction of such channel or outlet, and in case of an
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| appeal from the circuit court taken by either party whereby the |
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| amount of
damages is not finally determined, then possession |
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| may be taken, if the
amount of judgment in such court is |
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| deposited at some bank or savings
and loan association to be |
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| designated by the court, subject to the payment
of such damages |
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| on orders signed by the circuit court, whenever the amount
of |
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| damages is finally determined. The sanitary district may sell, |
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| convey,
vacate and release the real or personal property, right |
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| of way and privileges
acquired by it when no longer required |
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| for the purposes of the district.
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| (b) A sanitary district may exercise its powers of eminent |
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| domain to acquire a public utility only if the Illinois |
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| Commerce Commission, following petition by the sanitary |
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| district, has granted approval for the sanitary district to |
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| proceed in accordance with Article VII of the Code of Civil |
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| Procedure. The following procedures must be followed when a |
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| sanitary district exercises its power of eminent domain to |
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| acquire a public utility. |
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| (1) The sanitary district shall petition the |
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| Commission for approval of the acquisition of a public |
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| utility by the exercise of eminent domain powers. The |
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| petition filed by the sanitary district shall state the |
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| following:
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| (A) the caption of the case;
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| (B) the date of the filing of the application;
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| (C) the name and address of the condemnee;
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| (D) the name and address of the condemnor;
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| (E) a specific reference to the statute under which |
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| the condemnation action is authorized;
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| (F) a specific reference to the action, whether by |
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| ordinance, resolution, or otherwise, by which the |
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| declaration of taking was authorized, including the |
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| date when such action was taken, and the place where |
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| the record may be examined;
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| (G) a description of the purpose of the |
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| condemnation;
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| (H) a reasonable description of the property to be |
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| condemned;
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| (I) a statement of how just compensation will be |
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| made;
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| (J) a statement that, if the condemnee wishes to |
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| challenge the proceeding, the condemnee shall file |
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| objections within 45 days after its receipt of the |
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| notice. |
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| (2) Within 30 days after the filing of a petition by |
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| the sanitary district of its intent to acquire by eminent |
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| domain all real and personal property, rights of way, and |
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| privileges of a public utility, the sanitary district shall |
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| serve a copy of the petition on the public utility and |
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| shall publish a notice of the filing of the petition in a |
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| newspaper of general circulation in the area served by the |
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| sanitary district. The sanitary district shall file a |
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| certificate of publication with the Commission as proof of |
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| publication.
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| (3) Within 45 days after being served with the notice |
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| required by this Section, the condemnee may file objections |
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| to the petition with the Commission. All objections shall |
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| state specifically the grounds relied upon. All objections |
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| shall be raised at one time and in one document. The |
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| condemnee shall serve a copy of the objections upon the |
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| condemnor within 72 hours after the objections are filed |
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| with the Commission.
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| (4) The Commission shall make a determination |
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| regarding the petition and any objections to the petition |
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| and shall make such orders and decrees as justice and law |
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| shall require. The Commission may take evidence by |
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| deposition or otherwise and shall entertain oral argument |
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| on all objections. The Commission shall make its |
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| determination within 105 days after its receipt of the |
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| objections of the condemnee, unless the Commission, in its |
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| discretion, extends the determination period for a further |
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| period not exceeding 6 months.
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| (c) The Illinois Commerce Commission shall approve
the |
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| taking of any property by a sanitary district under subsection |
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| (b), within or outside its boundaries, if it is in the public |
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| interest. The taking shall be considered to be in the public |
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| interest if the sanitary district establishes by a |
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| preponderance of the evidence: |
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| (1) that the sanitary district has been in existence as |
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| the operator of a wastewater system for at least 20 years; |
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| (2) that it will provide wastewater treatment service |
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| within the proposed area subject to
condemnation at the |
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| same level of wastewater treatment service provided |
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| throughout
the district; |
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| (3) that it will provide the wastewater collection, |
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| treatment, and disposal
at the same or less operational and |
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| maintenance volumetric or bulk rate as the public utility |
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| whose property
is subject to condemnation; and |
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| (4) that it is not financially impractical for the |
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| public utility to serve its remaining customers who are not |
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| in the area subject to condemnation.
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| (Source: P.A. 90-558, eff. 12-12-97.)"; and
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