95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1886


 
Introduced 2/23/2007, by Rep. Sandra M. Pihos
 
SYNOPSIS AS INTRODUCED:
 		














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







    Amends the Eminent Domain Act.  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 Eminent Domain Act. 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.
















LRB095 08145 AJO 28310 b

















 


 


A BILL FOR









 











HB1886

LRB095 08145 AJO 28310 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 Eminent Domain Act is amended  by changing 
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Section 10-5-5 as follows:
 


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


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    Sec. 10-5-5. Compensation; jury. 
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    (a) Private property shall not be taken
or damaged for 
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public use without just compensation and, in all cases in which

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compensation is not made by the condemning authority, 
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compensation shall be ascertained by a jury, as provided in 
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this Act.
When

compensation is so made by the condemning 
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authority, any party,
upon application, may have a trial by 
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jury to
ascertain the just compensation to be paid. A  demand on 
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the part of the
condemning authority for a trial by jury shall 
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be filed
with the complaint for condemnation of the condemning 
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authority. When the condemning authority is plaintiff, a 
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defendant desirous of a trial by
jury must file a demand for a 
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trial by jury on or before the return date of the
summons 
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served on him or her or on or before the date fixed in the 
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publication in case of defendants
served by publication. If no 
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party in the condemnation action
demands a trial by jury, as 
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provided for by this Section, then the trial
shall be before 
 


 






HB1886
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LRB095 08145 AJO 28310 b




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the court without a jury.
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    (b) The right to just compensation, as
provided in this 
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Act, 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 Act or any other statute, or 
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under any ordinance or
regulation of any municipality or other 
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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 Act, 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. 94-1055, eff. 1-1-07.)
 

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