(735 ILCS 30/20-5-45) (was 735 ILCS 5/7-111)
Sec. 20-5-45. Payment of costs. If, on an appeal taken under the provisions
of Section 20-5-10 of this Act, the plaintiff is determined not to have the
authority to maintain the proceeding as to any property
that is the
subject of that appeal or if, with the consent of all parties to the
proceeding whose interests are affected, the plaintiff dismisses
the complaint or abandons the proceedings as to any property that is the subject of the appeal, the
trial court then shall enter an order: (i) revesting the title to the
property in the parties entitled thereto, if the order of taking vested
title in the plaintiff; (ii) requiring the plaintiff to deliver possession
of the property to the parties entitled to possession; and
(iii) making such provision as is just for the payment of damages
arising out of the plaintiff's taking and use of the property and
also for costs, expenses, and attorney fees, as provided in Section 10-5-70 of this Act. The court may order the clerk of the court to pay those
sums to the parties entitled thereto out of the money deposited by the
plaintiff in accordance with the provisions of subsection (a) of Section 20-5-15 of this
Act.(Source: P.A. 94-1055, eff. 1-1-07.) |