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90_HB0024
735 ILCS 5/7-103 from Ch. 110, par. 7-103
Amends the Code of Civil Procedure to authorize Kane
County to use quick-take eminent domain power to acquire the
necessary right-of-way to complete the improvement of Kane
County Highway 34 (Randall Road) from its intersection with
Illinois Route 72 to the Kane-McHenry county line. Also
makes revisory changes. Effective immediately.
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1 AN ACT to amend the Code of Civil Procedure by changing
2 Section 7-103.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Civil Procedure is amended by
6 changing Section 7-103 as follows:
7 (735 ILCS 5/7-103) (from Ch. 110, par. 7-103)
8 Sec. 7-103. "Quick-take". This Section applies only to
9 proceedings under this Article:
10 (1) by the State of Illinois, the Illinois Toll
11 Highway Authority or the St. Louis Metropolitan Area
12 Airport Authority for the acquisition of land or
13 interests therein for highway purposes;
14 (2) (blank);
15 (3) by the Department of Commerce and Community
16 Affairs for the purpose specified in the Illinois Coal
17 Development Bond Act;
18 (4) (blank);
19 (5) for the purpose specified in the St. Louis
20 Metropolitan Area Airport Authority Act;
21 (6) for a period of 24 months after May 24, the
22 effective date of this amendatory Act of 1996, by the
23 Southwestern Illinois Development Authority pursuant to
24 the Southwestern Illinois Development Authority Act;
25 (7) for a period of 3 years after December 30,
26 1987, by the Quad Cities Regional Economic Development
27 Authority (except for the acquisition of land or
28 interests therein that is farmland, or upon which is
29 situated a farm dwelling and appurtenant structures, or
30 upon which is situated a residence, or which is wholly
31 within an area that is zoned for residential use)
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1 pursuant to the Quad Cities Regional Economic Development
2 Authority Act;
3 (8) by a sanitary district created under the
4 Metropolitan Water Reclamation District Act for the
5 acquisition of land or interests therein for purposes
6 specified in that Act;
7 (9) by a rail carrier within the time limitations
8 and subject to the terms and conditions set forth in
9 Section 18c-7501 of the Illinois Vehicle Code;
10 (10) for a period of 18 months after January 26,
11 1987, for the purpose specified in Division 135 of
12 Article 11 of the Illinois Municipal Code, by a
13 commission created under Section 2 of the Water
14 Commission Act of 1985;
15 (11) by a village containing a population of less
16 than 15,000 for the purpose of acquiring property to be
17 used for a refuse derived fuel system designed to
18 generate steam and electricity, and for industrial
19 development that will utilize such steam and electricity,
20 pursuant to Section 11-19-10 of the Illinois Municipal
21 Code;
22 (12) after receiving the prior approval of the City
23 Council, by a municipality having a population of more
24 than 500,000 for the purposes set forth in Section
25 11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
26 Illinois Municipal Code, and for the same purposes when
27 established pursuant to home rule powers;
28 (13) by a home rule municipality, after a public
29 hearing held by the corporate authorities or by a
30 committee of the corporate authorities and after approval
31 by a majority of the corporate authorities, within an
32 area designated as an enterprise zone by the municipality
33 under the Illinois Enterprise Zone Act;
34 (14) by the Illinois Sports Facilities Authority
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1 for the purpose specified in Section 12 of the Illinois
2 Sports Facilities Authority Act;
3 (15) by a municipality having a population of more
4 than 2,000,000 for the purpose of acquiring the property
5 described in Section 3 of the Sports Stadium Act;
6 (16) for a period of 18 months after July 29, 1986,
7 in any proceeding by the Board of Trustees of the
8 University of Illinois for the acquisition of land in
9 Champaign County or interests therein as a site for a
10 building or for any educational purpose;
11 (17) for a period of 2 years after July 1, 1990, by
12 a home rule municipality and a county board, upon
13 approval of a majority of the corporate authorities of
14 both the county board and the municipality, within an
15 area designated as an enterprise zone by the municipality
16 and the county board through an intergovernmental
17 agreement under the Illinois Enterprise Zone Act, when
18 the purpose of the condemnation proceeding is to acquire
19 land for the construction of an industrial harbor port,
20 and when the total amount of land to be acquired for that
21 purpose is less than 75 acres and is adjacent to the
22 Illinois River;
23 (18) by an airport authority located solely within
24 the boundaries of Madison County, Illinois, and which is
25 organized pursuant to the provisions of the Airport
26 Authorities Act, (i) for the acquisition of 160 acres, or
27 less, of land or interests therein for the purposes
28 specified in that Act which may be necessary to extend,
29 mark, and light runway 11/29 for a distance of 1600 feet
30 in length by 100 feet in width with parallel taxiway, to
31 relocate and mark County Highway 19, Madison County,
32 known as Moreland Road, to relocate the instrument
33 landing system including the approach lighting system and
34 to construct associated drainage, fencing and seeding
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1 required for the foregoing project and (ii) for a period
2 of 6 months after December 28, 1989, for the acquisition
3 of 75 acres, or less, of land or interests therein for
4 the purposes specified in that Act which may be necessary
5 to extend, mark and light the south end of runway 17/35
6 at such airport;
7 (19) by any unit of local government for a
8 permanent easement for the purpose of maintaining,
9 dredging or cleaning the Little Calumet River;
10 (20) by any unit of local government for a
11 permanent easement for the purpose of maintaining,
12 dredging or cleaning the Salt Creek in DuPage County;
13 (21) by St. Clair County, Illinois, for the
14 development of a joint use facility at Scott Air Force
15 Base;
16 (22) by the Village of Summit, Illinois, to acquire
17 land for a waste to energy plant;
18 (23) for a period of 15 months after September 7,
19 1990, by the Department of Transportation or by any unit
20 of local government under the terms of an
21 intergovernmental cooperation agreement between the
22 Department of Transportation and the unit of local
23 government for the purpose of developing aviation
24 facilities in and around Chanute Air Force Base in
25 Champaign County, Illinois;
26 (24) for a period of 1 year after December 12,
27 1990, by the City of Morris for the development of the
28 Morris Municipal Airport;
29 (25) for a period of 1 year after June 19, 1991, by
30 the Greater Rockford Airport Authority for airport
31 expansion purposes;
32 (26) for a period of 24 months after June 30, 1991,
33 by the City of Aurora for completion of an instrument
34 landing system and construction of an east-west runway at
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1 the Aurora Municipal Airport;
2 (27) for the acquisition by the Metropolitan Pier
3 and Exposition Authority of property described in
4 subsection (f) of Section 5 of the Metropolitan Pier and
5 Exposition Authority Act for the purposes of providing
6 additional grounds, buildings, and facilities related to
7 the purposes of the Metropolitan Pier and Exposition
8 Authority;
9 (28) for a period of 24 months after March 1, 1992,
10 by the Village of Wheeling and the City of Prospect
11 Heights, owners of the Palwaukee Municipal Airport, to
12 allow for the acquisition of right of way to complete the
13 realignment of Hintz Road and Wolf Road;
14 (29) for a period of one year from the effective
15 date of this amendatory Act of 1992, by the
16 Bloomington-Normal Airport Authority for airport
17 expansion purposes;
18 (30) for a period of 24 months after September 10,
19 1993, by the Cook County Highway Department and Lake
20 County Department of Transportation to allow for the
21 acquisition of necessary right-of-way for construction of
22 underpasses for Lake-Cook Road at the Chicago
23 Northwestern Railroad crossing, west of Skokie Boulevard,
24 and the Chicago, Milwaukee, St. Paul and Pacific Railroad
25 crossing, west of Waukegan Road;
26 (31) for a period of one year after December 23,
27 1993, by the City of Arcola and the City of Tuscola for
28 the development of the Arcola/Tuscola Water Transmission
29 Pipeline Project pursuant to the intergovernmental
30 agreement between the City of Arcola and the City of
31 Tuscola;
32 (32) for a period of 24 months from December 23,
33 1993, by the Village of Bensenville for the acquisition
34 of property bounded by Illinois Route 83 to the west and
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1 O'Hare International Airport to the east to complete a
2 flood control project known as the Bensenville Ditch;
3 (33) for a period of 9 months after November 1,
4 1993, by the Medical Center Commission for the purpose of
5 acquiring a site for the Illinois State Police Forensic
6 Science Laboratory at Chicago, on the block bounded by
7 Roosevelt Road on the north, Wolcott Street on the east,
8 Washburn Street on the south, and Damen Avenue on the
9 west in Chicago, Illinois;
10 (34) for a period of 36 months after July 14, 1995,
11 by White County for the acquisition of a 3 1/2 mile
12 section of Bellaire Road, which is described as follows:
13 Commencing at the Northwest Corner of the Southeast 1/4
14 of Section 28, Township 6 South, Range 10 East of the 3rd
15 Principal Meridian; thence South to a point at the
16 Southwest Corner of the Southeast 1/4 of Section 9,
17 Township 7 South, Range 10 East of the 3rd Principal
18 Meridian;
19 (35) for a period of one year after July 14, 1995,
20 by the City of Aurora for permanent and temporary
21 easements except over land adjacent to Indian Creek and
22 west of Selmarten Creek located within the City of Aurora
23 for the construction of Phase II of the Indian Creek
24 Flood Control Project;
25 (35.1) for a period beginning June 24, 1995 (the
26 day following the effective date of Public Act 89-29) and
27 ending on July 13, 1995 (the day preceding the effective
28 date of Public Act 89-134), by the City of Aurora for
29 permanent and temporary easements for the construction of
30 Phase II of the Indian Creek Flood Control Project;
31 (36) for a period of 3 years from July 14, 1995, by
32 the Grand Avenue Railroad Relocation Authority for the
33 Grand Avenue Railroad Grade Separation Project within the
34 Village of Franklin Park, Illinois;
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1 (37) for a period of 3 years after July 14, 1995,
2 by the Village of Romeoville for the acquisition of
3 rights-of-way for the 135th Street Bridge Project, lying
4 within the South 1/2 of Section 34, Township 37 North,
5 Range 10 East and the South 1/2 of Section 35, Township
6 37 North, Range 10 East of the Third Principal Meridian,
7 and the North 1/2 of Section 2, Township 36 North, Range
8 10 East and the North 1/2 of Section 3, Township 36
9 North, Range 10 East of the 3rd Principal Meridian, in
10 Will County, Illinois;
11 (37.1) for a period of 3 years after June 23, 1995,
12 by the Illinois Department of Transportation for the
13 acquisition of rights-of-way for the 135th Street Bridge
14 Project between the Des Plaines River and New Avenue
15 lying within the South 1/2 of Section 35, Township 37
16 North, Range 10 East of the Third Principal Meridian and
17 the North 1/2 of Section 2, Township 36 North, Range 10
18 East of the 3rd Principal Meridian, in Will County,
19 Illinois;
20 (38) for a period beginning June 24, 1995 (the day
21 after the effective date of Public Act 89-29) and ending
22 18 months after July 14, 1995 (the effective date of
23 Public Act 89-134), by the Anna-Jonesboro Water
24 Commission for the acquisition of land and easements for
25 improvements to its water treatment and storage
26 facilities and water transmission pipes;
27 (39) for a period of 36 months after July 14, 1995,
28 by the City of Effingham for the acquisition of property
29 which is described as follows:
30 Tract 1:
31 Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
32 THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
33 thereof recorded in Book "K", Page 769, in the Recorder's
34 Office of Effingham County), situated in the City of
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1 Effingham, County of Effingham and State of Illinois.
2 Tract 2:
3 The alley lying South and adjoining Tract 1, as
4 vacated by Ordinance recorded on July 28, 1937 in Book
5 183, Page 465, and all right, title and interest in and
6 to said alley as established by the Contract for Easement
7 recorded on August 4, 1937 in Book 183, Page 472;
8 (40) for a period of one year after July 14, 1995,
9 by the Village of Palatine for the acquisition of
10 property located along the south side of Dundee Road
11 between Rand Road and Hicks Road for redevelopment
12 purposes;
13 (41) for a period of 6 years after July 1, 1995,
14 for the acquisition by the Medical Center District of
15 property described in Section 3 of the Illinois Medical
16 District Act within the District Development Area as
17 described in Section 4 of that Act for the purposes set
18 forth in that Act;.
19 (41.5) for a period of 24 months after June 21, the
20 effective date of this amendatory Act of 1996 by the City
21 of Effingham, Illinois for acquisition of property for
22 the South Raney Street Improvement Project Phase I;
23 (42) for a period of 3 years after June 21, the
24 effective date of this amendatory Act of 1996, by the
25 Village of Deerfield for the acquisition of territory
26 within the Deerfield Village Center, as designated as of
27 that the effective date of this amendatory Act of 1996 by
28 the Deerfield Comprehensive Plan, with the exception of
29 that area north of Jewett Park Drive (extended) between
30 Waukegan Road and the Milwaukee Railroad Tracks, for
31 redevelopment purposes;
32 (43) for a period of 12 months after June 21, the
33 effective date of this amendatory Act of 1996, by the
34 City of Harvard for the acquisition of property lying
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1 west of Harvard Hills Road of sufficient size to widen
2 the Harvard Hills Road right of way and to install and
3 maintain city utility services not more than 200 feet
4 west of the center line of Harvard Hills Road;
5 (44) (42) for a period of 5 years after June 21,
6 the effective date of this amendatory Act of 1996, by the
7 Village of River Forest, Illinois, within the area
8 designated as a tax increment financing district when the
9 purpose of the condemnation proceeding is to acquire land
10 for any of the purposes contained in the River Forest Tax
11 Increment Financing Plan or authorized by the Tax
12 Increment Allocation Redevelopment Act, provided that
13 condemnation of any property zoned and used exclusively
14 for residential purposes shall be prohibited;.
15 (45) (42) for a period of 18 months after June 28,
16 the effective date of this amendatory Act of 1996, by the
17 Village of Schaumburg for the acquisition of land,
18 easements, and aviation easements for the purpose of a
19 public airport in Cook and DuPage Counties; provided that
20 if any proceedings under the provisions of this Article
21 are pending on that the effective date of this amendatory
22 Act of 1996, "quick-take" may be utilized by the Village
23 of Schaumburg;
24 (46) (43) for a period of one year after June 28,
25 the effective date of this amendatory Act of 1996, by the
26 City of Pinckneyville for the acquisition of land and
27 easements to provide for improvements to its water
28 treatment and storage facilities and water transmission
29 pipes, and for the construction of a sewerage treatment
30 facility and sewerage transmission pipes to serve the
31 Illinois Department of Corrections Pinckneyville
32 Correctional Facility;.
33 (47) (42) for a period of 6 months after June 28,
34 the effective date of this amendatory Act of 1996, by the
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1 City of Streator for the acquisition of property
2 described as follows for a first flush basin sanitary
3 sewer system:
4 Tract 5: That part of lots 20 and 21 in Block
5 6 in Moore and Plumb's addition to the city of
6 Streator, Illinois, lying south of the right of way
7 of the switch track of the Norfolk and Western
8 Railroad (now abandoned) in the county of LaSalle,
9 state of Illinois.
10 Tract 6: That part of lots 30, 31 and 32 in
11 Block 7 in Moore and Plumb's Addition to the city of
12 Streator, Illinois, lying north of the centerline of
13 Coal Run Creek and south of the right of way of the
14 switch track of the Norfolk and Western Railroad
15 (now abandoned) in the county of LaSalle, state of
16 Illinois;
17 (48) for a period of one year after the effective
18 date of this amendatory Act of 1997, by the County of
19 Kane, for the acquisition of necessary right-of-way to
20 complete the improvement of Kane County Highway 34
21 (Randall Road) from its intersection with Illinois Route
22 72 to the Kane-McHenry county line.
23 In a proceeding subject to this Section, the plaintiff,
24 at any time after the complaint has been filed and before
25 judgment is entered in the proceeding, may file a written
26 motion requesting that, immediately or at some specified
27 later date, the plaintiff either be vested with the fee
28 simple title (or such lesser estate, interest or easement, as
29 may be required) to the real property, or specified portion
30 thereof, which is the subject of the proceeding, and be
31 authorized to take possession of and use such property; or
32 only be authorized to take possession of and to use such
33 property, if such possession and use, without the vesting of
34 title, are sufficient to permit the plaintiff to proceed with
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1 the project until the final ascertainment of compensation;
2 however, no land or interests therein now or hereafter owned,
3 leased, controlled or operated and used by, or necessary for
4 the actual operation of, any common carrier engaged in
5 interstate commerce, or any other public utility subject to
6 the jurisdiction of the Illinois Commerce Commission, shall
7 be taken or appropriated hereunder by the State of Illinois,
8 the Illinois Toll Highway Authority, the sanitary district,
9 the St. Louis Metropolitan Area Airport Authority or the
10 Board of Trustees of the University of Illinois without first
11 securing the approval of such Commission.
12 Except as hereinafter stated, the motion for taking shall
13 state: (1) an accurate description of the property to which
14 the motion relates and the estate or interest sought to be
15 acquired therein; (2) the formally adopted schedule or plan
16 of operation for the execution of the plaintiff's project;
17 (3) the situation of the property to which the motion
18 relates, with respect to the schedule or plan; (4) the
19 necessity for taking such property in the manner requested in
20 the motion; and (5) if the property (except property
21 described in Section 3 of the Sports Stadium Act or property
22 described as Site B in Section 2 of the Metropolitan Pier and
23 Exposition Authority Act) to be taken is owned, leased,
24 controlled or operated and used by, or necessary for the
25 actual operation of, any interstate common carrier or other
26 public utility subject to the jurisdiction of the Illinois
27 Commerce Commission, a statement to the effect that the
28 approval of such proposed taking has been secured from such
29 Commission, and attaching to such motion a certified copy of
30 the order of such Commission granting such approval. If the
31 schedule or plan of operation is not set forth fully in the
32 motion, a copy of such schedule or plan shall be attached to
33 the motion.
34 (Source: P.A. 88-486; 88-526; 88-670, eff. 12-2-94; 89-29,
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1 eff. 6-23-95; 89-134, eff. 7-14-95; 89-343, eff. 8-17-95;
2 89-356, eff. 8-17-95; 89-445, eff. 2-7-96; 89-460, eff.
3 5-24-96; 89-494, eff. 6-21-96; 89-502, eff. 6-28-96; 89-504,
4 eff. 6-28-96; 89-592, eff. 8-1-96; 89-626, eff. 8-9-96;
5 revised 8-14-96.)
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.