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(735 ILCS 30/10-5-5) (was 735 ILCS 5/7-101)
Sec. 10-5-5. Compensation; jury. (a) Private property shall not be taken
or damaged for public use without just compensation and, in all cases in which
compensation is not made by the condemning authority, compensation shall be ascertained by a jury, as provided in this Act.
When
compensation is so made by the condemning authority, any party,
upon application, may have a trial by jury to
ascertain the just compensation to be paid. A demand on the part of the
condemning authority for a trial by jury shall be filed
with the complaint for condemnation of the condemning authority. When the condemning authority is plaintiff, a defendant desirous of a trial by
jury must file a demand for a trial by jury on or before the return date of the
summons served on him or her or on or before the date fixed in the publication in case of defendants
served by publication. If no party in the condemnation action
demands a trial by jury, as provided for by this Section, then the trial
shall be before the court without a jury. (b) The right to just compensation, as
provided in this Act, applies to the owner or owners of any lawfully erected
off-premises outdoor advertising sign that is compelled to be altered or
removed under this Act or any other statute, or under any ordinance or
regulation of any municipality or other unit of local government, and also
applies to the owner or owners of the property on which that sign is erected.
The right to just compensation, as provided in this Act, applies to
property subject to a conservation right under the Real Property Conservation
Rights Act. The amount of compensation for the taking of the property shall not
be diminished or reduced
by virtue of the existence of the conservation right. The holder of the
conservation right shall be entitled to just compensation for the value of the
conservation right.(Source: P.A. 94-1055, eff. 1-1-07.) |
