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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2683
Introduced 1/20/2006, by Sen. Steven J. Rauschenberger - William E. Peterson - Chris Lauzen SYNOPSIS AS INTRODUCED:
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Amends the Statute on Statutes. Prohibits the exercise of eminent domain powers for economic development purposes. Provides that the State, units of local government, and school districts may exercise eminent domain powers only for public purposes. Preempts home rule. Effective immediately.
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| HOME RULE NOTE ACT MAY APPLY | |
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A BILL FOR
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SB2683 |
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LRB094 18979 JAM 54447 b |
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| AN ACT concerning government.
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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 Statute on Statutes is amended by adding |
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| Section 10 as follows:
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| (5 ILCS 70/10 new) |
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| Sec. 10. Property Owners' Defense Law. This Section may be |
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| cited as the Property Owners' Defense Law. Notwithstanding any |
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| other statute or law to the contrary, neither the State, a unit |
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| of local government, nor a school district may take or damage |
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| property by the exercise of the power of eminent domain for |
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| economic development purposes. The power of eminent domain |
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| shall be used by the State, units of local government, or |
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| school districts only for public purposes. The authorization of |
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| the use of eminent domain proceedings to take or damage |
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| property is an exclusive power and function of the State. |
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| Neither the State, a unit of local government, including a home |
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| rule unit, nor a school district may exercise the power of |
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| eminent domain otherwise than as provided in this Section. This |
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| Section is a denial and limitation of home rule powers and |
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| functions under subsection (h) of Section 6 of Article VII of |
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| the Illinois Constitution.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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