(50 ILCS 20/14.2) (from Ch. 85, par. 1044.2)
Sec. 14.2. Relocation assistance payment.
In addition to all other powers authorized under this Act, a public
building commission shall have the power to make the following relocation
assistance payments where such relocation assistance payments are not
available from Federal funds or otherwise:
(a) A public building commission is authorized to pay, as part of the
cost of acquisition of any site, to a person displaced by a public building
commission project, the actual reasonable expenses in moving said person,
his family, his business, or his farm operation, including the moving of
personal property. The allowable expenses for transportation shall not
exceed the cost of moving 50 miles from the point from which such person,
family, business or farm is being displaced.
A public building commission is authorized to adopt rules and
regulations as may be determined necessary to implement the payments as
authorized by this section.
(b) In lieu of the actual moving expenses heretofore authorized to be
paid, a public building commission may pay any person displaced from a
dwelling, who elects to accept such payment, a moving expense allowance
determined according to a schedule to be established by a public building
commission, not to exceed $1,000, and a further dislocation allowance of
$500.
(c) In lieu of the actual moving expenses heretofore authorized to be
paid, a public building commission may pay any person who moves or
discontinues his business or farm operation, who elects to accept such
payment, a fixed relocation payment in an amount equal to the average
annual net earnings of the business or the farm operation, or $10,000,
whichever is the lesser. In the case of a business, no payment shall be
made unless the public building commission is satisfied that the business
(1) cannot be relocated without a substantial loss of its existing
patronage, and (2) is not part of a commercial enterprise having at least
one other establishment not being acquired for a project by a public
building commission which is engaged in the same or similar business. The
term "average annual net earnings" means one-half of any net earnings of
the business or farm operation before Federal, State and local income
taxes, during the two taxable years immediately preceding the taxable year
in which such business or farm operation moves from the real property being
acquired for such project, and includes any compensation paid by the
business or farm operation to the owner, his spouse or his dependents
during such two-year period.
(d) In addition to the amounts heretofore authorized to be paid by a
public building commission, a public building commission may, as part of
the cost of acquisition of any site, make a payment to the owner of real
property acquired for a public building commission project which is
improved by a single, two or three-family dwelling actually owned and
occupied by the owner for not less than one year prior to the initiation of
negotiations for the acquisition of such property, an amount which, when
added to the acquisition payment, equals the average price required for a
comparable dwelling determined in accordance with standards established by
the city, village or town in which the dwelling is located, to be a decent,
safe and sanitary dwelling adequate to accommodate the displaced owner,
reasonably accessible to public services and places of employment and
available on the private market. Such payment shall not exceed the sum of
$25,000, and shall be made only to a displaced owner who purchases and
occupies a dwelling that meets the standards established by the city,
village or town in which the dwelling is located, within one year
subsequent to the date on which he is required to move from the dwelling
acquired for the public building commission project. Any individual or
family not eligible to receive such payment, who is displaced from any
dwelling, which dwelling was actually and lawfully occupied by such
individual and family for not less than ninety days prior to the initiation
of negotiations for acquisition of such property, may be paid by a public
building commission an amount necessary to enable such individual or family
to lease or rent for a period not to exceed two years, or to make the down
payment on the purchase of a decent, safe and sanitary dwelling of
standards adequate to accommodate such individual or family in areas not
generally less desirable in regard to public utilities and public and
commercial facilities. Such payment shall not exceed the sum of $2,000.
(e) In addition to the amounts heretofore authorized to be paid, a
public building commission may reimburse the owner of real property
acquired for a public building commission project the reasonable and
necessary expenses incurred for (1) recording fees, transfer taxes, and
similar expenses incidental to conveying such property; and (2) penalty
costs for prepayment of any mortgages entered into in good faith
encumbering such real property, if such mortgage is on record or has been
filed for record under applicable State law on the date of the selection,
location and designation of the site by a public building commission for
such project.
(f) Nothing contained in this amendatory Act creates in any proceedings
brought under the power of eminent domain any element of damages not in
existence as of the date of enactment of this amendatory Act.
(Source: P.A. 95-614, eff. 9-11-07.)
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