|
Local Government Committee
Filed: 5/25/2004
|
|
09300SB0728ham001 |
|
LRB093 02916 LCB 51530 a |
|
|
1 |
| AMENDMENT TO SENATE BILL 728
|
2 |
| AMENDMENT NO. ______. Amend Senate Bill 728 by replacing |
3 |
| everything after the enacting clause with the following:
|
4 |
| "Section 5. The Code of Civil Procedure is amended by |
5 |
| changing Section 7-101 as follows:.
|
6 |
| (735 ILCS 5/7-101) (from Ch. 110, par. 7-101)
|
7 |
| Sec. 7-101. Compensation - Jury. Private property shall not |
8 |
| be taken
or damaged for public use without just compensation, |
9 |
| and in all cases in which
compensation is not made by the state |
10 |
| in its corporate capacity, or a political
subdivision of the |
11 |
| state, or municipality in its respective corporate capacity,
|
12 |
| such compensation shall be ascertained by a jury, as |
13 |
| hereinafter prescribed.
Where compensation is so made by the |
14 |
| state, a political subdivision of the
state, or municipality, |
15 |
| any party upon application may have a trial by jury to
|
16 |
| ascertain the just compensation to be paid. Such demand on the |
17 |
| part of the
state, a political subdivision of the state, or |
18 |
| municipality, shall be filed
with the complaint for |
19 |
| condemnation of the state, a political subdivision of
the |
20 |
| state, or municipality. Where the state, a political |
21 |
| subdivision of the
state, or municipality is plaintiff, a |
22 |
| defendant desirous of a trial by
jury must file a demand |
23 |
| therefor on or before the return date of the
summons served on |