HB2781eng 95TH GENERAL ASSEMBLY

HB2781 Engrossed LRB095 07602 AJO 32177 b

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Eminent Domain Act is amended by adding Section 10-5-63 as follows:

(735 ILCS 30/10-5-63 new)

Sec. 10-5-63. State acquisition of public property; relocation costs.

(a) This Section applies if (i) a State agency acquires property of a unit of local government, whether by condemnation, under threat of condemnation, or by negotiated agreement, (ii) the acquisition necessitates the relocation of infrastructure owned by the unit of local government, and (iii) the State agency and the unit of local government agree after 2004 to an amount to be paid by the State agency to the unit of local government for the relocation.

(b) Notwithstanding any other provision of law, in any acquisition to which this Section applies, if the actual cost of relocation of infrastructure owned by the unit of local government exceeds the agreed amount, the State agency must pay to the unit of local government, in addition to the agreed amount, the difference between the actual cost of relocation and the agreed amount, upon demand by the unit of local government accompanied by documentation of the actual cost.