SB2562ham005 99TH GENERAL ASSEMBLY

Rep. Barbara Flynn Currie

Filed: 6/30/2016

09900SB2562ham005 LRB099 17003 HEP 49769 a

AMENDMENT TO SENATE BILL 2562

AMENDMENT NO. ______. Amend Senate Bill 2562, AS AMENDED, with reference to page and line numbers of House Amendment No. 2, on page 115, by inserting immediately below line 15 the following:

"Section 10. The Eminent Domain Act is amended by changing Section 10-5-65 as follows:

(735 ILCS 30/10-5-65) (was 735 ILCS 5/7-122)

Sec. 10-5-65. Reimbursement; inverse condemnation.

(a) Except as provided in subsection (b), when When the condemning authority is required by a court to initiate condemnation proceedings for the actual physical taking of real property, the court rendering judgment for the property owner and awarding just compensation for the taking shall determine and award or allow to the property owner, as part of that judgment or award, further sums as will, in the opinion of the court, reimburse the property owner for the owner's reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees actually incurred by the property owner in those proceedings.

(b) When the condemning authority is required to initiate condemnation proceedings of property impacted directly or indirectly by the Chicago Transit Authority Red-Purple Modernization Project, the court rendering judgment for the property owner and awarding just compensation for the taking shall determine and award or allow to the property owner, as part of that judgment or award, further sums as will, in the opinion of the court, reimburse the property owner for the owner's reasonable costs, disbursements, diminution, and expenses, including reasonable attorney, appraisal, and engineering fees actually incurred by the property owner in those proceedings.

(Source: P.A. 94-1055, eff. 1-1-07.)".