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90_SB0264
735 ILCS 5/7-101 from Ch. 110, par. 7-101
Amends the Code of Civil Procedure. Makes a stylistic
change in provisions concerning eminent domain.
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1 AN ACT to amend the Code of Civil Procedure by changing
2 Section 7-101.
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 7-101 as follows:
7 (735 ILCS 5/7-101) (from Ch. 110, par. 7-101)
8 Sec. 7-101. Compensation - Jury. Private property shall
9 not be taken or damaged for public use without just
10 compensation, and in all cases in which compensation is not
11 made by the state in its corporate capacity, or a political
12 subdivision of the state, or municipality in its respective
13 corporate capacity, such compensation shall be ascertained by
14 a jury, as hereinafter prescribed. Where compensation is so
15 made by the state, a political subdivision of the state, or
16 municipality, any party upon application may have a trial by
17 jury to ascertain the just compensation to be paid. Such
18 demand on the part of the state, a political subdivision of
19 the state, or municipality, shall be filed with the complaint
20 for condemnation of the state, a political subdivision of the
21 state, or municipality. Where the state, a political
22 subdivision of the state, or municipality is plaintiff, a
23 defendant desirous of a trial by jury must file a demand
24 therefor on or before the return date of the summons served
25 on him or her or fixed in the publication in case of
26 defendants served by publication. If In the event no party in
27 the condemnation action demands a trial by jury as provided
28 for by this Section, then the trial shall be before the court
29 without a jury. The right to just compensation as provided in
30 this Article applies to the owner or owners of any lawfully
31 erected off-premises outdoor advertising sign that is
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1 compelled to be altered or removed under this Article or any
2 other statute, or under any ordinance or regulation of any
3 municipality or other unit of local government, and also
4 applies to the owner or owners of the property on which that
5 sign is erected.
6 (Source: P.A. 87-1205.)