Sen. Randall M. Hultgren
Filed: 6/28/2007
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1 | AMENDMENT TO HOUSE BILL 1926
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2 | AMENDMENT NO. ______. Amend House Bill 1926 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The School Code is amended by adding Section | ||||||
5 | 16-6.5 as follows: | ||||||
6 | (105 ILCS 5/16-6.5 new) | ||||||
7 | Sec. 16-6.5. Immediate possession of lands for school | ||||||
8 | purposes. Notwithstanding any other provision of this Article | ||||||
9 | or the provisions of any other law, a unit school district | ||||||
10 | shall, upon written motion, be vested with the fee simple title | ||||||
11 | to the real property that is the subject of an eminent domain | ||||||
12 | proceeding filed pursuant to Section 10-22.35A and Section 16-6 | ||||||
13 | of this Code and be authorized to take possession of and use | ||||||
14 | such property immediately for the construction of a high school | ||||||
15 | building and facilities ancillary thereto if all of the | ||||||
16 | following conditions are met: |
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1 | (1) The school district has an equalized assessed | ||||||
2 | valuation for calendar year 2006 of at least $4,500,000,000 | ||||||
3 | and an enrollment for the 2006-2007 school year of at least | ||||||
4 | 28,000. | ||||||
5 | (2) At least 58% of those voting in a general primary | ||||||
6 | election held prior to November 2006 approved a proposition | ||||||
7 | for the construction of the high school building and the | ||||||
8 | issuance of $124,660,000 general obligation bonds for the | ||||||
9 | purpose of paying the costs thereof. | ||||||
10 | (3) The eminent domain proceeding was filed on or | ||||||
11 | before December 23, 2005 for the acquisition of a vacant | ||||||
12 | parcel of land containing approximately 55 acres in a | ||||||
13 | county contiguous to a county with 3,000,000 or more | ||||||
14 | inhabitants. | ||||||
15 | (4) The circuit court in which such proceeding is | ||||||
16 | pending entered its order, on or before November 17, 2006, | ||||||
17 | denying defendants' traverse motion and motion to dismiss. | ||||||
18 | (5) The school district waives its right to dismiss the | ||||||
19 | complaint or to abandon the proceeding as to all or any | ||||||
20 | part of the property so taken. | ||||||
21 | (6) The school district deposits the sum of $600,000 | ||||||
22 | per acre with the county treasurer, who shall invest the | ||||||
23 | deposit in an interest-bearing account for the benefit of | ||||||
24 | the parties to the action. | ||||||
25 | (7) The school district shall have filed a stipulation | ||||||
26 | in the pending eminent domain action binding itself to |
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1 | cooperate with the owners and any developers of the | ||||||
2 | remainder property to (i) cause a water main and sanitary | ||||||
3 | sewer line to be brought to the western boundary of the | ||||||
4 | remainder property, subject to the developers of the | ||||||
5 | remainder property bearing the additional cost for any | ||||||
6 | oversizing of the sanitary sewer line required by the | ||||||
7 | developers' use of the remainder property, (ii) design and | ||||||
8 | construct its stormwater management facilities to accept | ||||||
9 | up to 12 acre feet of stormwater from the northern portion | ||||||
10 | of the remainder property, (iii) design, permit, and | ||||||
11 | construct a full-access intersection providing shared | ||||||
12 | access to the school district property and the remainder | ||||||
13 | property on the north side of the properties, provided that | ||||||
14 | the owners grant the school district easement rights over | ||||||
15 | the remainder property for that purpose and subject to | ||||||
16 | recapture from any developers of the remainder parcel for | ||||||
17 | 50% of the cost of off-site intersection improvements and | ||||||
18 | 100% of the cost of improvements on the remainder property, | ||||||
19 | and (iv) grant such cross-access easement rights as | ||||||
20 | required by local development authorities to permit access | ||||||
21 | to the remainder property. | ||||||
22 | In the order of the circuit court vesting the fee simple | ||||||
23 | title to the real property with the school district, the owners | ||||||
24 | shall be given the authority to immediately withdraw the sum of | ||||||
25 | $300,000 per acre for the 55 acres of land being acquired. The | ||||||
26 | amount withdrawn by the owners shall be credited against any |
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1 | future award of just compensation in the eminent domain | ||||||
2 | proceeding. The balance of the deposit and accrued interest | ||||||
3 | shall be held by the treasurer until entry of a final judgment | ||||||
4 | by the circuit court determining the just compensation to be | ||||||
5 | paid for the property. Upon entry of the final and appealable | ||||||
6 | judgment order, the circuit court shall hear and determine all | ||||||
7 | rights in and to such just compensation and shall order the | ||||||
8 | treasurer to disburse the just compensation, after credit for | ||||||
9 | the amount previously withdrawn, to the owners and any excess | ||||||
10 | deposit to the school district and direct the refund of any | ||||||
11 | excess amount withdrawn from the deposit by any of the | ||||||
12 | interested parties, as the case may be. Interest accrued on the | ||||||
13 | balance of the deposit shall be disbursed to the owners and the | ||||||
14 | school district in the same proportion as the principal balance | ||||||
15 | is disbursed to the owners and the school district. In the | ||||||
16 | event the deposit and all accrued interest are insufficient to | ||||||
17 | satisfy the award of just compensation determined in the final | ||||||
18 | and appealable order, then the school district shall pay such | ||||||
19 | deficiency, together with judgment interest accruing from the | ||||||
20 | date of the final and appealable order within 30 days. In no | ||||||
21 | event shall the amount of the deposit be admissible as evidence | ||||||
22 | in the eminent domain proceeding. Appeals may be taken from any | ||||||
23 | findings or judgment by the court as in other civil cases. The | ||||||
24 | school district shall not require an appeal bond in the event | ||||||
25 | of an appeal by the owners.
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.".
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