HB0874 95TH GENERAL ASSEMBLY

LRB095 00159 AJO 20159 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0874

Introduced 2/7/2007, by Rep. Edward J. Acevedo

SYNOPSIS AS INTRODUCED:

735 ILCS 30/10-5-5

was 735 ILCS 5/7-101

Amends the Eminent Domain Act. Provides that if a governmental entity requires the removal of a building or structure as a condition of the governmental entity granting a permit, license, or other approval, the removal requirement constitutes a compelled removal requiring compensation under the Act, unless the permit, license, or approval is requested for the construction of a building or structure that cannot be built without physically removing the building or structure. Effective immediately.

A BILL FOR

AN ACT concerning civil law.

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

Section 5. The Eminent Domain Act is amended by changing Section 10-5-5 as follows:

(735 ILCS 30/10-5-5) (was 735 ILCS 5/7-101)

Sec. 10-5-5. Compensation; jury.

(a) Private property shall not be taken or damaged for public use without just compensation and, in all cases in which compensation is not made by the condemning authority, compensation shall be ascertained by a jury, as provided in this Act. When compensation is so made by the condemning authority, any party, upon application, may have a trial by jury to ascertain the just compensation to be paid. A demand on the part of the condemning authority for a trial by jury shall be filed with the complaint for condemnation of the condemning authority. When the condemning authority is plaintiff, a defendant desirous of a trial by jury must file a demand for a trial by jury on or before the return date of the summons served on him or her or on or before the date fixed in the publication in case of defendants served by publication. If no party in the condemnation action demands a trial by jury, as provided for by this Section, then the trial shall be before the court without a jury.

(b) The right to just compensation, as provided in this Act, applies to the owner or owners of any lawfully erected off-premises outdoor advertising sign that is compelled to be altered or removed under this Act or any other statute, or under any ordinance or regulation of any municipality or other unit of local government, and also applies to the owner or owners of the property on which that sign is erected. The right to just compensation, as provided in this Act, applies to property subject to a conservation right under the Real Property Conservation Rights Act. The amount of compensation for the taking of the property shall not be diminished or reduced by virtue of the existence of the conservation right. The holder of the conservation right shall be entitled to just compensation for the value of the conservation right.

(c) Notwithstanding any other provision of law, the requirement by a governmental entity that a lawfully erected building or structure be removed as a condition or prerequisite for the issuance or continued effectiveness of a permit, license, or other approval for any use, structure, or development constitutes a compelled removal requiring compensation under this Act, unless the permit, license, or approval is requested for the construction of a building or structure that cannot be built without physically removing the building or structure.

(Source: P.A. 94-1055, eff. 1-1-07.)

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