Full Text of HB5645 093rd General Assembly
HB5645 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB5645
Introduced 2/6/2004, by Michael J. Madigan SYNOPSIS AS INTRODUCED: |
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735 ILCS 5/7-103 |
from Ch. 110, par. 7-103 |
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Amends the Code of Civil Procedure. Makes technical changes in a Section
concerning "quick-take" eminent domain powers.
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A BILL FOR
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HB5645 |
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LRB093 16854 RCE 42508 b |
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| AN ACT in relation to quick take.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Code of Civil Procedure is amended by | 5 |
| changing Section 7-103
as
follows:
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| (735 ILCS 5/7-103) (from Ch. 110, par. 7-103)
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| Sec. 7-103. "Quick-take".
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| (a) This Section applies only to proceedings under this | 9 |
| Article that are
authorized in the Sections following this | 10 |
| Section and preceding Section 7-104.
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| (b) In a proceeding subject to this Section,
the plaintiff, | 12 |
| at any time after the complaint has been filed and before
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| judgment is entered in the proceeding, may file a written | 14 |
| motion requesting
that, immediately or at some specified later | 15 |
| date, the plaintiff either be
vested with the fee simple title | 16 |
| (or such lesser estate, interest or
easement, as may be | 17 |
| required) to the real property, or specified portion
thereof, | 18 |
| which is the subject of the proceeding, and be authorized to | 19 |
| take
possession of and use such property; or only be authorized | 20 |
| to take
possession of and to use such property, if such | 21 |
| possession and use, without
the vesting of title, are | 22 |
| sufficient to permit the plaintiff to proceed
with the project | 23 |
| until the final ascertainment of compensation; however, no
land | 24 |
| or interests therein now or hereafter owned, leased, controlled | 25 |
| or
operated and used by, or necessary for the actual operation | 26 |
| of, any common
carrier engaged in interstate commerce, or any | 27 |
| other public utility subject
to the jurisdiction of the | 28 |
| Illinois Commerce Commission, shall be taken or
appropriated | 29 |
| hereunder by the State of Illinois, the Illinois Toll Highway
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| Authority, the sanitary district, the St. Louis Metropolitan | 31 |
| Area Airport
Authority or the Board of Trustees of the | 32 |
| University of Illinois without
first securing the approval of |
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HB5645 |
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LRB093 16854 RCE 42508 b |
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| such Commission.
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| Except as otherwise
hereinafter stated in this Section , the
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| motion for taking shall
state: (1) an accurate description of | 4 |
| the property to which the motion
relates and the estate or | 5 |
| interest sought to be acquired therein; (2)
the formally | 6 |
| adopted schedule or plan of operation for the execution of
the | 7 |
| plaintiff's project; (3) the situation of the property to which | 8 |
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motion relates, with respect to the schedule or plan; (4) | 9 |
| the necessity
for taking such property in the manner requested | 10 |
| in the motion; and (5)
if the property (except property | 11 |
| described in Section 3 of the Sports
Stadium Act, or property | 12 |
| described as Site B in Section 2 of the
Metropolitan Pier and | 13 |
| Exposition Authority Act) to be taken is owned,
leased, | 14 |
| controlled or operated and used by, or necessary for the actual
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| operation of, any interstate common carrier or other public | 16 |
| utility subject
to the jurisdiction of the Illinois Commerce | 17 |
| Commission, a statement to the
effect that the approval of such | 18 |
| proposed taking has been secured from such
Commission, and | 19 |
| attaching to such motion a certified copy of the order of
such | 20 |
| Commission granting such approval. If the schedule or plan of
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| operation is not set forth fully in the motion, a copy of such | 22 |
| schedule or
plan shall be attached to the motion.
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| (Source: P.A. 91-357, eff. 7-29-99; 91-367, eff. 7-30-99; | 24 |
| 92-16, eff.
6-28-01.)
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