98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1696
 
Introduced , by Rep. Tom Cross
 
SYNOPSIS AS INTRODUCED:
 

 



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

     Amends the Eminent Domain Act. Makes a technical change in a Section concerning compensation for private property taken or damaged for public use.
  


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A BILL FOR
 

  
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1    AN ACT concerning civil law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Eminent Domain Act is amended  by changing 
5Section 10-5-5 as follows:
 


6    (735 ILCS 30/10-5-5)  (was 735 ILCS 5/7-101)


7    Sec. 10-5-5. Compensation; jury. 
8    (a) Private property shall not not be taken
or damaged for 
9public use without just compensation and, in all cases in which

10compensation is not made by the condemning authority, 
11compensation shall be ascertained by a jury, as provided in 
12this Act.
When

compensation is so made by the condemning 
13authority, any party,
upon application, may have a trial by 
14jury to
ascertain the just compensation to be paid. A  demand on 
15the part of the
condemning authority for a trial by jury shall 
16be filed
with the complaint for condemnation of the condemning 
17authority. When the condemning authority is plaintiff, a 
18defendant desirous of a trial by
jury must file a demand for a 
19trial by jury on or before the return date of the
summons 
20served on him or her or on or before the date fixed in the 
21publication in case of defendants
served by publication. If no 
22party in the condemnation action
demands a trial by jury, as 
23provided for by this Section, then the trial
shall be before 
 
 
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1the court without a jury.
2    (b) The right to just compensation, as
provided in this 
3Act, applies to the owner or owners of any lawfully erected

4off-premises outdoor advertising sign that is compelled to be 
5altered or
removed under this Act or any other statute, or 
6under any ordinance or
regulation of any municipality or other 
7unit of local government, and also
applies to the owner or 
8owners of the property on which that sign is erected.
The right 
9to just compensation, as provided in this Act, applies to

10property subject to a conservation right under the Real 
11Property Conservation
Rights Act. The amount of compensation 
12for the taking of the property shall not
be diminished or 
13reduced
by virtue of the existence of the conservation right. 
14The holder of the
conservation right shall be entitled to just 
15compensation for the value of the
conservation right.
16(Source: P.A. 94-1055, eff. 1-1-07.)