94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0235

 

Introduced 2/2/2005, by Sen. James F. Clayborne, Jr.

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/7-103.70

    Amends the Code of Civil Procedure. Provides policies for quick-take proceedings by the Southwestern Illinois Development Authority and extends its quick-take authority until August 30, 2007.


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A BILL FOR

 

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1     AN ACT concerning quick-takes.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Code of Civil Procedure is amended by
5 changing Section 7-103.70 as follows:
 
6     (735 ILCS 5/7-103.70)
7     Sec. 7-103.70. Quick-take; Southwestern Illinois
8 Development Authority (SWIDA).
9     (a) Quick-take proceedings under Section 7-103 may be used
10 for a period from August 30, 2005 2003 to August 30, 2007,
11 subject to the written approval of the Secretary of the
12 Illinois Department of Transportation based upon the overall
13 economic development and fiscal plans and needs of the State of
14 Illinois, 2005 by the Southwestern Illinois Development
15 Authority pursuant to the Southwestern Illinois Development
16 Authority Act for a project as defined in Section 3 of that
17 Act.
18     (b) Any proposed project invoking the quick-take process
19 must comply with Section 7-103 of the Code of Civil Procedure
20 and the mission statement of SWIDA as adopted by the Board on
21 August 17, 1989. The project must meet stated and specific
22 economic development goals resulting in identifiable business
23 location, business retention, substantial job creation or
24 retention, or substantial capital development within the
25 jurisdictional boundaries of SWIDA.
26     (c) Quick-take shall be undertaken by SWIDA only as a last
27 resort and only after efforts to purchase property in
28 accordance with the Illinois Constitution and the Code of Civil
29 Procedure have been satisfied in a manner that conforms with
30 the referenced laws. At a minimum, any motion for taking of
31 property approved by the SWIDA Board shall include:
32         (1) an accurate description of the property to which

 

 

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1     the motion relates and the estate or interest sought to be
2     acquired therein;
3         (2) a formally adopted schedule or plan of operation
4     for the execution of the project;
5         (3) the situation of the property to which the motion
6     relates, with respect to the schedule or plan;
7         (4) the necessity for taking the property in the manner
8     requested in the motion; and
9         (5) if the property to be taken is owned, leased,
10     controlled or operated and used by, or necessary for the
11     actual operation of, any interstate common carrier or other
12     public utility subject to the jurisdiction of the Illinois
13     Commerce Commission, a statement to the effect that the
14     approval of the proposed taking has been secured from the
15     Commission, and shall attach a certified copy of the order
16     of the Commission granting the approval to the motion. If
17     the schedule or plan of operation is not set forth fully in
18     the motion, a copy of the schedule or plan shall be
19     attached to the motion.
20     (d) SWIDA may invoke quick-take directly or on behalf of
21 another unit of government or a private party. In all cases,
22 the legislative requirements and procedures referenced in
23 subsection (b) of this Section must be satisfied. If title may
24 be subsequently transferred to a private party by a unit of
25 government, the unit of government must submit to SWIDA a copy
26 of its agreement with the private party and must certify that
27 the agreement was entered into pursuant to all applicable
28 local, State, and federal laws. Additional requirements and
29 conditions that are deemed appropriate by the SWIDA Board of
30 Directors may be incorporated in an Intergovernmental
31 Agreement that must be executed between SWIDA and the unit of
32 government as a prerequisite to SWIDA's use of quick-take
33 powers to assist a unit of government.
34     (e) SWIDA shall:
35         (1) only utilize its quick-take powers to promote
36     development in Clinton, Madison, and St. Clair counties and

 

 

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1     to assist in the development, construction, and
2     acquisition of industrial, commercial, housing,
3     residential, or local government "projects" as that term is
4     used in subsection (n) of Section 3 of the Southwestern
5     Illinois Development Authority Act;
6         (2) require verification that the project depends upon
7     the successful land acquisition proposed and that the
8     exercise of quick-take authority is necessary for the
9     successful completion of the project;
10         (3) require that a Board-approved intergovernmental
11     agreement be entered into between the unit or units of
12     government and SWIDA prior to the exercise of any
13     quick-take powers by SWIDA to assist any other unit of
14     government. The intergovernmental agreement shall provide,
15     among other things, (i) the obligation by the unit of
16     government to pay all the costs and expenses incurred by
17     SWIDA in acquiring title to the property through the use of
18     its eminent domain and quick-take authority and (ii) the
19     indemnification of SWIDA by the unit of government in
20     connection with the acquisition. The intergovernmental
21     agreement must also provide for the payment by the unit of
22     government of an administrative fee in accordance with the
23     established fee schedule;
24         (4) hold a public hearing prior to Board action on any
25     quick-take application;
26         (5) identify any and all sources for the statutory
27     authority for the taking;
28         (6) identify the specific benefits of the proposed
29     project to the public, such as elimination of blight or
30     deterioration, revitalization of the economy, creation of
31     jobs, or increase in tax base, and be certain to back up
32     these goals with studies, data, and the dissemination to
33     the public of the supporting information;
34         (7) verify that the developer has engaged in good faith
35     negotiations with the property owner for the purchase of
36     the land;

 

 

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1         (8) be prepared to show and make relevant findings to
2     the effect that the development project could not proceed
3     without the governmental body's intervention and
4     assistance in property acquisition or assembly;
5         (9) consider conducting a public hearing on the project
6     even if one is not required by law, but be certain that the
7     project's proponents are well-equipped with demonstrable
8     specifics about the need for the project, the need for a
9     public incentive, and the public benefit to be derived;
10         (10) verify that the developer is creditworthy but
11     still in need of some public incentive;
12         (11) be prepared to respond to an objector's claim that
13     the developer has the independent means both financially
14     and strategically to achieve its goal through
15     implementation of a feasible and economic alternative
16     plan;
17         (12) if the project is an expansion of an existing use
18     or addition to an existing facility, be able to support the
19     contentions of the detractors of the plan that the
20     expansion or addition is solely for the benefit of the
21     developer and that the original project cured the problems
22     it was intended to solve;
23         (13) consider whether it can be shown, or if it is
24     necessary or advisable, that the existing uses of the
25     property proposed for taking are not consistent with the
26     development plans for the area and that the property is not
27     contributing any benefit or any significant benefit to the
28     community; and
29         (14) notify each State Senator and State
30     Representative whose district is impacted by the intention
31     to acquire property by quick-take process. The
32     notification shall include:
33             (A) a map of the area in which the property to be
34         acquired is located, showing the location of the
35         property;
36             (B) photographs of the property;

 

 

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1             (C) an appraisal of the property by a real estate
2         appraiser who is certified or licensed under the Real
3         Estate Appraiser Licensing Act of 2002;
4             (D) a copy of the resolution adopted by the unit of
5         local government;
6             (E) documentation of the public purpose for which
7         quick-take is sought to acquire the property; and
8             (F) a copy of each notice sent to an owner of an
9         interest in the property.
10     (f) SWIDA shall not enter into an agreement with either a
11 private party or a unit of government unless and until the
12 governmental authority of the municipality within which SWIDA
13 would exercise its quick-take powers has authorized SWIDA to
14 use this power or unless and until the county board of the
15 county within which SWIDA would exercise the powers has so
16 authorized SWIDA.
17     (g) The Board of SWIDA shall require a project developer,
18 if a private party, to enter into an agreement with SWIDA in
19 writing in advance of SWIDA's commencement of quick-take
20 proceedings. This agreement shall set forth the respective
21 obligations of SWIDA and the private party with respect to the
22 use by SWIDA of its quick-take powers and shall provide, among
23 other things, for (i) the obligation by the project developer
24 to pay all the costs and expenses incurred by SWIDA in
25 acquiring title to the property through the use of its eminent
26 domain and quick-take authority and (ii) the indemnification of
27 SWIDA by the project developer in connection with the
28 acquisition. The agreement must also provide for the payment by
29 the project developer of an administrative fee in accordance
30 with the established fee schedule.
31     (h) SWIDA may exercise its quick-take authority through an
32 agent who shall be selected based upon knowledge and expertise
33 in land acquisition procedures or relocation procedures. The
34 agent may be a firm, a person, or another governmental agency.
35 It shall be the responsibility of the project developer or unit
36 of government to pay the cost for the agent who will be charged

 

 

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1 with fulfilling the requirements of all applicable laws as they
2 apply to the project. The cost of the agent and any additional
3 costs incurred by SWIDA, its Board, its employees, or its
4 attorney shall be the responsibility of the project developer
5 or unit of government to which SWIDA is lending its assistance.
6 (Source: P.A. 93-602, eff. 11-18-03.)