Illinois General Assembly - Illinois Compiled Statutes

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65 ILCS 5/11-74.2-9

(65 ILCS 5/11-74.2-9) (from Ch. 24, par. 11-74.2-9)

Sec. 11-74.2-9.

In exercising the power to acquire real estate as provided
in this Division, the corporate authorities may proceed by gift, purchase
or condemnation to acquire the fee simple title to all real property lying
within a redevelopment area, including easements and reversionary interests
in the streets, alleys and other public places lying within such area; if
the property is to be obtained by condemnation, such power of condemnation
may be exercised only when at least 85% of the land located within the
boundaries of each plan has been acquired previously by the corporate
authorities or private organization pursuant to the implementation of the
plan through good faith negotiations and such negotiations are unsuccessful
in acquiring the remaining land. If any such real property is subject to an
easement the corporate authorities in their discretion, may acquire the fee
simple title to such real property subject to such easement if they
determine that such easement will not interfere with carrying out the
redevelopment plan. If any such real property is already devoted to a
public use it may nevertheless be acquired, provided that no property
belonging to the United States of America, the State of Illinois or any
municipality may be acquired without the consent of such governmental unit
and that no property devoted to a public use belonging to a corporation
subject to the jurisdiction of the Illinois Commerce Commission may be
acquired without the approval of the Illinois Commerce Commission. In
carrying out the provisions of this Division, the corporate authorities are
vested with the power to exercise the right of eminent domain. Condemnation
proceedings instituted by the corporate authorities shall be in the manner
provided for the exercise of the right of eminent domain
under the Eminent Domain Act. No power of
condemnation shall be used to acquire a site for a commercial project as
defined in paragraph (c) of Section 11-74.2-2.

Nothing in this Section shall be construed to exclude property in a
final redevelopment plan from taxation.

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