Rep. Barbara Flynn Currie

Filed: 6/30/2016

 

 


 

 


 
09900SB2562ham005LRB099 17003 HEP 49769 a

1
AMENDMENT TO SENATE BILL 2562

2    AMENDMENT NO. ______. Amend Senate Bill 2562, AS AMENDED,
3with reference to page and line numbers of House Amendment No.
42, on page 115, by inserting immediately below line 15 the
5following:
 
6    "Section 10. The Eminent Domain Act is amended by changing
7Section 10-5-65 as follows:
 
8    (735 ILCS 30/10-5-65)  (was 735 ILCS 5/7-122)
9    Sec. 10-5-65. Reimbursement; inverse condemnation.
10    (a) Except as provided in subsection (b), when When the
11condemning authority is required by a court to initiate
12condemnation proceedings for the actual physical taking of real
13property, the court rendering judgment for the property owner
14and awarding just compensation for the taking shall determine
15and award or allow to the property owner, as part of that
16judgment or award, further sums as will, in the opinion of the

 

 

09900SB2562ham005- 2 -LRB099 17003 HEP 49769 a

1court, reimburse the property owner for the owner's reasonable
2costs, disbursements, and expenses, including reasonable
3attorney, appraisal, and engineering fees actually incurred by
4the property owner in those proceedings.
5    (b) When the condemning authority is required to initiate
6condemnation proceedings of property impacted directly or
7indirectly by the Chicago Transit Authority Red-Purple
8Modernization Project, the court rendering judgment for the
9property owner and awarding just compensation for the taking
10shall determine and award or allow to the property owner, as
11part of that judgment or award, further sums as will, in the
12opinion of the court, reimburse the property owner for the
13owner's reasonable costs, disbursements, diminution, and
14expenses, including reasonable attorney, appraisal, and
15engineering fees actually incurred by the property owner in
16those proceedings.
17(Source: P.A. 94-1055, eff. 1-1-07.)".