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90_SB0797enr
620 ILCS 5/44a rep.
Amends the Illinois Aeronautics Act to repeal a Section
concerning sending information to the county clerk for tax
purposes. Effective immediately.
LRB9001365NTsb
SB797 Enrolled LRB9001365NTsb
1 AN ACT concerning transportation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 O'Hare IAP Air Reserve Station Retrocession Act.
6 Section 1.5. Authorization to accept retrocession.
7 (a) Under the provisions of Section 2683 of Title 10 of
8 the United States Code, the State of Illinois authorizes
9 acceptance of retrocession by the United States of America of
10 exclusive legislative jurisdiction, to the extent such
11 jurisdiction has not previously been retroceded to the State
12 of Illinois, the United States retaining a federal
13 proprietary interest only, over lands consisting of the
14 O'Hare IAP Air Reserve Station, located in Chicago, Cook
15 County, Illinois, more particularly described as follows:
16 THAT PART OF THE SOUTH 1/2 OF SECTION 32, TOWNSHIP
17 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN
18 AND THAT PART OF SECTION 5, TOWNSHIP 40 NORTH, RANGE 12
19 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTHERLY OF
20 HIGGINS ROAD AND EASTERLY AND NORTHERLY OF A LINE
21 BEGINNING AT A POINT IN THE SOUTHERLY LINE OF HIGGINS
22 ROAD 33.00 FEET WEST OF THE NORTH AND SOUTH CENTER LINE
23 OF SAID SECTION 32; THENCE SOUTH PARALLEL WITH THE CENTER
24 LINE OF SAID SECTION 32 A DISTANCE OF 938.00 FEET; THENCE
25 SOUTH 39 DEGREES 13 MINUTES WEST WITH REFERENCE TO THE
26 CENTER LINE OF SAID SECTION 32 (ASSUMED HEREIN A NORTH
27 AND SOUTH BASE LINE) A DISTANCE OF 1465.00 FEET; THENCE
28 SOUTH 40 DEGREES 5 MINUTES 15 SECONDS EAST WITH REFERENCE
29 TO SAID SECTION 32 CENTER LINE A DISTANCE OF 949.60 FEET;
30 THENCE SOUTH 0 DEGREES 16 MINUTES 30 SECONDS EAST WITH
31 REFERENCE TO SAID SECTION 32 CENTER LINE A DISTANCE OF
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1 1945.20 FEET TO AN INTERSECTION WITH A FENCE LINE
2 EXTENDED WEST; THENCE NORTH 89 DEGREES 43 MINUTES 30
3 SECONDS EAST WITH REFERENCE TO SAID SECTION 32 CENTER
4 LINE AND ALONG THE AFORESAID FENCE LINE TO THE EAST LINE
5 OF SAID SECTION 5, ALL IN COOK COUNTY, ILLINOIS;
6 EXCEPTING THE FOLLOWING PARCELS FROM THE ABOVE
7 DESCRIBED TRACT OF LAND:
8 EXCEPTION PARCEL 1 THAT PART OF THE FOLLOWING
9 DESCRIBED PROPERTY LYING WITHIN THE SOUTHEAST 1/4 OF
10 SECTION 32 AFORESAID:
11 THAT PART OF THE SOUTHEAST 1/4 OF SECTION 32,
12 TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL
13 MERIDIAN AND THE NORTHWEST 1/4 OF SECTION 4, TOWNSHIP 40
14 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN,
15 DESCRIBED AS FOLLOWS:
16 BEGINNING AT THE INTERSECTION OF THE WEST LINE OF
17 THE EAST 33.00 FEET OF THE SOUTHEAST 1/4 OF SECTION 32
18 AFORESAID WITH THE SOUTH LINE OF SAID SOUTHEAST 1/4;
19 THENCE SOUTH 87 DEGREES 38 MINUTES 27 SECONDS WEST, ALONG
20 SAID SOUTH LINE, 20.44 FEET; THENCE SOUTH 11 DEGREES 16
21 MINUTES 33 SECONDS WEST 40.93 FEET; THENCE SOUTH 87
22 DEGREES 52 MINUTES 11 SECONDS WEST 218.83 FEET TO THE
23 POINT OF INTERSECTION WITH THE SOUTHERLY EXTENSION OF A
24 LINE DRAWN 280.00 FEET WEST OF AND PARALLEL WITH THE EAST
25 LINE OF THE SOUTHEAST 1/4 OF SECTION 32 AFORESAID; THENCE
26 NORTH 0 DEGREES 7 MINUTES 12 SECONDS EAST, ALONG SAID
27 SOUTHERLY EXTENSION, 38.94 FEET TO THE SOUTH LINE OF THE
28 SOUTHEAST 1/4 OF SAID SECTION 32; THENCE NORTH 0 DEGREES
29 07 MINUTES 12 SECONDS EAST, ALONG THE AFORESAID LINE
30 DRAWN 280.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE
31 OF THE SOUTHEAST 1/4 OF SECTION 32 AFORESAID, 840.04
32 FEET; THENCE NORTH 44 DEGREES 52 MINUTES 47 SECONDS WEST
33 127.28 FEET TO A POINT 370 FEET (MEASURED
34 PERPENDICULARLY) WEST OF THE EAST LINE OF SAID SOUTHEAST
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1 1/4; THENCE NORTH 89 DEGREES 52 MINUTES 48 SECONDS WEST
2 730 FEET TO THE WEST LINE OF THE EAST 1100 FEET OF THE
3 SOUTHEAST 1/4 OF SECTION 32 AFORESAID; THENCE NORTH 0
4 DEGREES 07 MINUTES 12 SECONDS EAST ALONG SAID WEST LINE
5 545.10 FEET TO THE CENTER LINE OF HIGGINS ROAD; THENCE
6 SOUTHEASTERLY ALONG SAID CENTER LINE, 468.74 FEET ALONG
7 THE ARC OF A CIRCLE CONVEX NORTHEASTERLY, HAVING A RADIUS
8 OF 8105.00 FEET AND WHOSE CHORD BEARS SOUTH 74 DEGREES 23
9 MINUTES 42 SECONDS EAST 468.67 FEET; THENCE CONTINUING
10 ALONG THE CENTER LINE OF HIGGINS ROAD SOUTH 72 DEGREES 44
11 MINUTES 18 SECONDS EAST TANGENT TO THE ABOVE DESCRIBED
12 CURVED LINE 678.48 FEET TO THE EAST LINE OF SAID
13 SOUTHEAST 1/4; THENCE SOUTH 0 DEGREES 07 MINUTES 12
14 SECONDS WEST ALONG SAID EAST LINE 527.91 FEET; THENCE
15 SOUTH 87 DEGREES 38 MINUTES 27 SECONDS WEST, ALONG A LINE
16 DRAWN PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST 1/4,
17 33.03 FEET TO THE WEST LINE OF THE EAST 33 FEET OF SAID
18 SOUTHEAST 1/4; THENCE SOUTH 0 DEGREES 07 MINUTES 12
19 SECONDS WEST, ALONG SAID WEST LINE, 610 FEET TO THE
20 HEREINABOVE DESCRIBED POINT OF BEGINNING, IN COOK COUNTY,
21 ILLINOIS.
22 EXCEPTION PARCEL 2 THE SOUTH 610.00 FEET OF THE EAST
23 33.00 FEET OF THE SOUTHEAST 1/4 OF SECTION 32 AFORESAID,
24 IN COOK COUNTY, ILLINOIS.
25 EXCEPTION PARCEL 3 CONVEYED TO CITY OF CHICAGO BY
26 DEED DOCUMENT NO. 89499209, RECORDED OCTOBER 20, 1989
27 SITUATED IN THE STATE OF ILLINOIS, COUNTY OF COOK, PART
28 OF THE NORTHEAST 1/4 AND THE SOUTHEAST 1/4 OF SECTION 5,
29 TOWNSHIP 40 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL
30 MERIDIAN, AND BEING MORE PARTICULARLY DESCRIBED AS
31 FOLLOWS:
32 BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST
33 1/4 OF SAID SECTION 5; THENCE ALONG THE EAST LINE OF THE
34 SOUTHEAST 1/4 OF SAID SECTION 5, SOUTH 00 DEGREES 03
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1 MINUTES 08 SECONDS EAST, 102.48 FEET; THENCE SOUTH 89
2 DEGREES 46 MINUTES 16 SECONDS WEST, 58.68 FEET; THENCE
3 NORTH 00 DEGREES 02 MINUTES 56 SECONDS EAST, 1904.65
4 FEET; THENCE NORTH 89 DEGREES 08 MINUTES 46 SECONDS EAST,
5 30.11 FEET, TO THE POINT OF INTERSECTION WITH THE EAST
6 LINE OF THE NORTHEAST 1/4 OF SECTION 5 AFORESAID; THENCE
7 ALONG THE EAST LINE OF SAID NORTHEAST 1/4, SOUTH 00
8 DEGREES 51 MINUTES 14 SECONDS EAST, 1802.58 FEET TO THE
9 POINT OF BEGINNING.
10 EXCEPTION PARCEL 4 THAT PART OF THE SOUTHWEST 1/4 OF
11 SECTION 32, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD
12 PRINCIPAL MERIDIAN AND THAT PART OF THE NORTH 1/2 OF
13 SECTION 5, TOWNSHIP 40 NORTH, RANGE 12 EAST OF THE THIRD
14 PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS:
15 COMMENCING AT THE POINT OF INTERSECTION OF A LINE
16 33.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE
17 SOUTHWEST 1/4 OF SAID SECTION 32 AND WITH THE
18 SOUTHWESTERLY LINE OF HIGGINS ROAD, BEING A LINE 33.00
19 FEET SOUTHWESTERLY OF AND PARALLEL WITH THE CENTER LINE
20 OF SAID HIGGINS ROAD; THENCE SOUTH 0 DEGREES 02 MINUTES
21 46 SECONDS WEST, 938.00 FEET ALONG SAID LINE 33.00 FEET
22 WEST OF AND PARALLEL WITH THE EAST LINE OF THE SOUTHWEST
23 1/4 OF SAID SECTION 32 TO THE POINT OF BEGINNING; THENCE
24 SOUTH 39 DEGREES 15 MINUTES 46 SECONDS WEST, 1465.00
25 FEET; THENCE SOUTH 40 DEGREES 02 MINUTES 29 SECONDS EAST,
26 97.19 FEET; THENCE NORTH 39 DEGREES 36 MINUTES 32 SECONDS
27 EAST, 1356.00 FEET TO SAID LINE 33.00 FEET WEST OF AND
28 PARALLEL WITH THE EAST LINE OF THE SOUTHWEST 1/4 OF
29 SECTION 32; THENCE NORTH 0 DEGREES 02 MINUTES 46 SECONDS
30 EAST, 164.00 FEET ALONG SAID PARALLEL LINE TO THE
31 HEREINABOVE DESIGNATED POINT OF BEGINNING, IN COOK
32 COUNTY, ILLINOIS.
33 LEASEHOLD PARCELS:
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1 AIR FORCE LEASEHOLD:
2 THAT PART OF SECTION 5, TOWNSHIP 40 NORTH, RANGE 12
3 EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND
4 DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF
5 INTERSECTION OF A LINE 33.00 FEET WEST OF AND PARALLEL
6 WITH THE EAST LINE OF THE SOUTHWEST 1/4 OF SECTION 32,
7 TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL
8 MERIDIAN AND WITH THE SOUTHWESTERLY LINE OF HIGGINS ROAD,
9 BEING A LINE 33.00 FEET SOUTHWESTERLY OF AND PARALLEL
10 WITH THE CENTER LINE OF SAID HIGGINS ROAD; THENCE SOUTH 0
11 DEGREES 02 MINUTES 46 SECONDS WEST, 938.00 FEET ALONG
12 SAID LINE 33.00 FEET WEST OF AND PARALLEL WITH THE EAST
13 LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 32; THENCE
14 SOUTH 39 DEGREES 15 MINUTES 46 SECONDS WEST, 1465.00
15 FEET; THENCE SOUTH 40 DEGREES 02 MINUTES 29 SECONDS EAST,
16 97.19 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING
17 SOUTH 40 DEGREES 02 MINUTES 29 SECONDS EAST, 852.41 FEET;
18 THENCE SOUTH 0 DEGREES 13 MINUTES 44 SECONDS EAST,
19 1945.20 FEET TO THE POINT OF INTERSECTION WITH A LINE
20 DRAWN SOUTH 89 DEGREES 46 MINUTES 16 SECONDS WEST FROM A
21 POINT ON THE EAST LINE OF THE SOUTHEAST 1/4 OF THE
22 AFORESAID SECTION 5, SAID POINT BEING 102.48 FEET (AS
23 MEASURED ALONG SAID EAST LINE) SOUTH OF THE NORTHEAST
24 CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 5; THENCE
25 SOUTH 89 DEGREES 46 MINUTES 16 SECONDS WEST, ALONG THE
26 NORTHEASTERLY EXTENSION OF THE LAST DESCRIBED LINE, 2.60
27 FEET; THENCE NORTH 39 DEGREES 52 MINUTES 52 SECONDS WEST,
28 1301.94 FEET; THENCE NORTH 0 DEGREES 06 MINUTES 47
29 SECONDS EAST, 1261.87 FEET TO THE POINT OF INTERSECTION
30 WITH A LINE DRAWN SOUTH 39 DEGREES 36 MINUTES 32 SECONDS
31 WEST FROM THE AFORESAID POINT OF BEGINNING; THENCE NORTH
32 39 DEGREES 36 MINUTES 32 SECONDS EAST 437.23 FEET TO SAID
33 POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS.
34 AREA = 1,517,445 SQ. FT. OR 34.8357 ACRES
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1 ACCESS ROAD LEASEHOLD:
2 SITUATED IN THE STATE OF ILLINOIS, COUNTY OF COOK,
3 BEING A STRIP OF LAND 60.00 FEET IN WIDTH IN THE
4 SOUTHWEST 1/4 OF SECTION 32, TOWNSHIP 41 NORTH, RANGE 12,
5 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND BEING MORE
6 PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE
7 NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 32;
8 THENCE SOUTH 00 DEGREES 05 MINUTES 40 SECONDS EAST, 40.86
9 FEET ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID
10 SECTION 32; THENCE SOUTH 70 DEGREES 04 MINUTES 42 SECONDS
11 EAST, 184.24 FEET; THENCE SOUTH 00 DEGREES 04 MINUTES 23
12 SECONDS EAST, 51.63 FEET TO THE POINT OF BEGINNING OF THE
13 STRIP OF LAND HEREIN DESCRIBED AND BOUNDED AS FOLLOWS;
14 THENCE SOUTH 79 DEGREES 25 MINUTES 14 SECONDS EAST,
15 2272.59 FEET; THENCE SOUTHEASTERLY 255.55 FEET ALONG THE
16 ARC OF A CIRCLE CONVEX TO THE NORTHEAST AND TANGENT TO
17 THE LAST DESCRIBED LINE, HAVING A RADIUS OF 330.00 FEET
18 AND WHOSE CHORD BEARS SOUTH 57 DEGREES 14 MINUTES 08
19 SECONDS EAST, 249.21 FEET TO THE POINT OF INTERSECTION
20 WITH A LINE DRAWN 33.00 FEET WEST OF AND PARALLEL WITH
21 THE EAST LINE OF THE SOUTHWEST 1/4 OF SECTION 32
22 AFORESAID; THENCE SOUTH 00 DEGREES 02 MINUTES 46 SECONDS
23 WEST, 189.74 FEET ALONG SAID PARALLEL LINE; THENCE
24 NORTHWESTERLY 374.48 FEET ALONG THE ARC OF A CIRCLE
25 CONVEX TO THE NORTHEAST AND TANGENT TO THE LAST DESCRIBED
26 LINE, HAVING A RADIUS OF 270.00 FEET AND WHOSE CHORD
27 BEARS NORTH 39 DEGREES 41 MINUTES 14 SECONDS WEST, 345.18
28 FEET; THENCE NORTH 79 DEGREES 25 MINUTES 14 SECONDS WEST,
29 2261.30 FEET ALONG A LINE TANGENT TO THE LAST DESCRIBED
30 COURSE; THENCE NORTH 00 DEGREES 04 MINUTES 23 SECONDS
31 WEST, 61.05 FEET, TO THE POINT OF BEGINNING.
32 AREA = 153,243 SQ. FT. OR 3.5179 ACRES
33 ANTENNAE FARM LEASEHOLD:
34 SITUATED IN THE STATE OF ILLINOIS, COUNTY OF COOK,
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1 PART OF THE EAST 1/2 OF SECTION 31 AND PART OF THE WEST
2 1/2 OF SECTION 32, ALL IN TOWNSHIP 41 NORTH, RANGE 12,
3 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND BEING MORE
4 PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE
5 NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 32;
6 THENCE SOUTH 00 DEGREES 05 MINUTES 40 SECONDS EAST, 40.86
7 FEET ALONG THE WEST LINE OF SAID SOUTHWEST 1/4 TO THE
8 POINT OF BEGINNING OF THE LANDS HEREIN DESCRIBED AND
9 BOUNDED AS FOLLOWS; THENCE SOUTH 70 DEGREES 04 MINUTES 42
10 SECONDS EAST, 184.24 FEET; THENCE SOUTH 00 DEGREES 04
11 MINUTES 23 SECONDS EAST, 1218.27 FEET; THENCE NORTH 74
12 DEGREES 12 MINUTES 11 SECONDS WEST, 725.00 FEET; THENCE
13 NORTH 00 DEGREES 04 MINUTES 23 SECONDS WEST, 475.00 FEET;
14 THENCE NORTH 74 DEGREES 12 MINUTES 11 SECONDS WEST,
15 800.00 FEET TO A POINT 30.00 FEET EAST (AS MEASURED
16 PERPENDICULARLY) OF THE WEST LINE OF THE EAST 1/2 OF THE
17 SOUTHEAST 1/4 OF SECTION 31 AFORESAID; THENCE ALONG SAID
18 PARALLEL LINE, NORTH 00 DEGREES 04 MINUTES 23 SECONDS
19 WEST, 860.00 FEET; THENCE SOUTH 70 DEGREES 04 MINUTES 42
20 SECONDS EAST, 1376.73 FEET, TO THE POINT OF BEGINNING.
21 AREA = 1,507,150 SQ. FT. OR 34.5994 ACRES
22 Further, the State of Illinois accepts retrocession of and
23 authorizes acceptance of retrocession over all those lands
24 owned by the United States that may subsequently be
25 identified by the Department of the Air Force as part of the
26 O'Hare IAP Air Reserve Station, although not included within
27 the legal description contained in this subsection, to the
28 extent exclusive jurisdiction has not previously been
29 retroceded to the State of Illinois. Any additional land
30 over which the State accepts retrocession of jurisdiction
31 shall be identified in a notice filed by the Governor as
32 provided in subsection (d).
33 (b) By retaining in the subject lands a federal
34 proprietary interest only, there exists a right of the United
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1 States to perform the functions delegated to it by the United
2 States Constitution and directed by statutory enactment of
3 the United States Congress without interference from any
4 source. The State of Illinois may not impose its regulatory
5 power directly upon the United States and may not tax the
6 land under the federal proprietary interest; however, the
7 State of Illinois may tax a lessee's interest in the land to
8 the extent State law permits.
9 (c) Subject to subsection (b), the State of Illinois
10 accepts cession of exclusive federal legislative jurisdiction
11 from the United States, and the State of Illinois retains all
12 the legislative jurisdiction over the area it would have if a
13 private individual rather than the United States owned the
14 land.
15 (d) The Governor of the State of Illinois is authorized
16 to accept the retrocession of exclusive legislative
17 jurisdiction over the subject lands by filing a notice of
18 acceptance with the Illinois Secretary of State.
19 (e) Upon transfer by deed of subject lands, or any
20 portion thereof, by the United States of America, the
21 proprietary interest retained by the United States shall
22 expire as to the particular property transferred.
23 Section 1.8. The Civil Administrative Code of Illinois
24 is amended by adding Section 49.34 as follows:
25 (20 ILCS 2705/49.34 new)
26 Sec. 49.34. The Meigs Users Advisory Committee.
27 (a) The Meigs Users Advisory Committee is hereby
28 created. The Meigs Users Advisory Committee shall be
29 composed of the following members: (i) 4 members appointed by
30 the Governor with the advice and consent of the Senate, 2 of
31 whom shall have extensive knowledge of business and corporate
32 aviation and 2 of whom shall have extensive knowledge of
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1 general aviation; (ii) 4 members appointed by the Mayor of
2 the City of Chicago, all of whom shall have extensive
3 knowledge of general aviation; (iii) 4 members of the General
4 Assembly, one each appointed by the President of the Senate,
5 the Speaker of the House, the Minority Leader of the Senate,
6 and the Minority Leader of the House; and (iv) the Secretary
7 of Transportation or his or her designee, who shall serve as
8 Chairperson. The members appointed by the Governor and the
9 Mayor shall be users of Meigs Field.
10 (b) (1) The Secretary of Transportation or his or her
11 designee shall serve during the Secretary's term of
12 office.
13 (2) Members of the committee appointed under
14 subdivision (a)(iii) shall serve for their terms of
15 office, except that no such appointment shall be for a
16 term of more than 3 years. If a committee member who was
17 appointed under subdivision (a)(iii) ceases to be a
18 member of the chamber of the General Assembly from which
19 the member was appointed, he or she shall be replaced in
20 accordance with the method for filling vacancies.
21 (3) The initial members of the committee who are
22 appointed by the Mayor of the City of Chicago shall be
23 appointed as follows: one shall be appointed for a term
24 of one year, 2 shall be appointed for terms of 2 years,
25 and one shall be appointed for a term of 3 years. After
26 the expiration of the initial terms, all members of the
27 committee who are appointed by the Mayor of the City of
28 Chicago shall be appointed for terms of 3 years.
29 (4) The initial members of the committee who are
30 appointed by the Governor shall be appointed as follows:
31 one shall be appointed for a term of one year, one shall
32 be appointed for a term of 2 years, and 2 shall be
33 appointed for terms of 3 years. After the expiration of
34 the initial terms, all members of the committee who are
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1 appointed by the Governor shall be appointed for terms of
2 3 years.
3 (5) Any member of the committee is eligible for
4 reappointment unless he or she no longer meets the
5 applicable qualifications. All members appointed to serve
6 on the committee shall serve until their respective
7 successors are appointed and confirmed. Vacancies shall
8 be filled in the same manner as original appointments.
9 (6) If a vacancy in membership under subdivision
10 (a)(i) occurs at a time when the Senate is not in
11 session, the Governor shall make a temporary appointment
12 until the next meeting of the Senate, when he or she
13 shall appoint, by and with the advice and consent of the
14 Senate, a person to fill that membership for the
15 unexpired term. If the Senate is not in session when the
16 initial appointments are made, those appointments shall
17 be made as in the case of vacancies.
18 (7) The committee shall be deemed established on
19 the date that a majority of the total number of members
20 has been appointed, regardless of whether any of those
21 initial members are then serving pursuant to appointment
22 and confirmation or pursuant to temporary appointments
23 that are made by the Governor as in the case of
24 vacancies.
25 (c) The Committee shall have the power to inspect all
26 books, records, contracts, financial data, agreements, and
27 documents relating to the operation and maintenance of Meigs
28 Field, including, without limitation, as-built plans for all
29 buildings, runways, taxiways, and aprons, the control tower,
30 terminal, and all related facilities, all security
31 agreements, fire protection agreements, airline agreements,
32 FOB agreements, concessionaire agreements, rental/lease
33 agreements, service agreements, financial data and budget
34 reports including revenues and expenditures, and any and all
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1 studies or plans regarding the land use of Meigs Field.
2 (d) The chairperson shall give notice to the members of
3 the time and place for every meeting. The members of the
4 committee shall receive no compensation or reimbursement of
5 expenses in the performance of their duties. The Committee
6 shall review and hold public hearings on any proposals or
7 actions affecting the operation of Meigs Field. The
8 Committee shall issue recommendations to the Governor, the
9 Mayor of the City of Chicago, and the General Assembly with
10 regard to these proposals or actions and any other matters
11 concerning the operation of Meigs Field.
12 Section 2. The Illinois Highway Code is amended by
13 changing Section 4-203 as follows:
14 (605 ILCS 5/4-203) (from Ch. 121, par. 4-203)
15 Sec. 4-203. The Department may, in its discretion and as
16 funds become available for construction and maintenance, add
17 additional highways to the State highway system by (i) laying
18 out new highways, or (ii) taking over highways from the
19 county highway system, the township and district road system
20 or the municipal street system, or (iii) in order to ensure
21 access to Meigs Field (as defined in the Meigs Field Airport
22 Act) from the State highway system, taking over highways
23 from the county highway system, the township and district
24 road system, or the municipal street system or any necessary
25 park district highways, roads, or streets; but such highways,
26 roads, or streets so taken over into the State highway system
27 shall be highways, roads, or streets which form a logical
28 part of the State highway system for traffic purposes. Before
29 any such highway, road, or street is taken over the
30 Department shall notify the proper local officials in writing
31 of its intention to do so and the date when it will assume
32 the maintenance and care of such highway, road, or street.
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1 Whenever any part or portion of any such highway, road, or
2 street which is situated within the corporate limits of any
3 municipality is hereafter or has heretofore been taken over,
4 the Department shall have exclusive jurisdiction and control
5 over only that part of such highway, road, or street which
6 the Department has constructed, or which the local authority
7 has constructed and which has been taken over by the
8 Department, and for the maintenance of which the Department
9 is responsible, including the hard-surfaced slab, shoulders
10 and drainage ditches. Whenever any municipality shall
11 construct with a durable hard surface the remaining portion
12 of a street, a part of which has been improved with a durable
13 hard surface by the Department, or taken over by it, then in
14 that case the Department shall have jurisdiction and control
15 over only that portion of the street over which it did
16 construct the durable hard surface or that part which it took
17 over from the municipality.
18 (Source: Laws 1959, p. 196; P.A. 89-683, eff. 6-1-97.)
19 Section 3. The Illinois Aeronautics Act is amended by
20 changing Sections 12 and 57 as follows:
21 (620 ILCS 5/12) (from Ch. 15 1/2, par. 22.12)
22 Sec. 12. "Airman" means any individual who operates or is
23 licensed to operate an aircraft in flight engaged, as the
24 person in command, or as pilot, mechanic, or member of the
25 crew, in the navigation of aircraft while under way and
26 (excepting individuals employed outside the United States,
27 any individual employed by a manufacturer of aircraft,
28 aircraft engines, propellers, or appliances to perform duties
29 as inspector or mechanic in connection therewith, and any
30 individual performing inspection or mechanical duties in
31 connection with aircraft owned or operated by him) any
32 individual who is directly in charge of the inspection,
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1 maintenance, overhauling, or repair of aircraft engines,
2 propellers, or appliances; and any individual who serves in
3 the capacity of aircraft dispatcher or air traffic
4 controltower operator.
5 (Source: Laws 1945, p. 335.)
6 (620 ILCS 5/57) (from Ch. 15 1/2, par. 22.57)
7 Sec. 57. Findings; orders; record.
8 At the conclusion of such hearing, the Department shall
9 make and render findings concerning the subject matter and
10 facts inquired into and enter its order based thereon. A copy
11 of such order, certified under the seal of the Department,
12 shall be served upon all parties thereto, or their attorneys,
13 which order shall of its own force take effect and become
14 operative twenty days after the service thereof, except as
15 otherwise provided therein, and shall continue in force
16 either for a period which may be designated therein or until
17 changed or abrogated by the Department. Where an order
18 cannot, in the judgment of the Department, be complied with
19 within twenty days, the Department may prescribe such
20 additional time as in its judgment is reasonably necessary to
21 comply with the order, and may upon application and for good
22 cause shown extend the time for compliance fixed in its
23 order. A full and complete record shall be preserved
24 according to rule of all proceedings had before the
25 Department or any officer thereof, or any employee thereof
26 designated by it for the purpose of conducting any hearing,
27 on any formal hearing had and all testimony shall be recorded
28 taken down by a stenographer appointed by the Department in a
29 manner determined to be reliable and appropriate, and the
30 parties shall be entitled to be heard in person or by
31 attorney.
32 (Source: Laws 1945, p. 335.)
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1 Section 4. The Code of Civil Procedure is amended by
2 changing Sections 7-102 and 7-103 as follows:
3 (735 ILCS 5/7-102) (from Ch. 110, par. 7-102)
4 Sec. 7-102. Parties. Where the right to take private
5 property for public use, without the owner's consent or the
6 right to construct or maintain any public road, railroad,
7 plankroad, turnpike road, canal or other public work or
8 improvement, or which may damage property not actually taken
9 has been heretofore or shall hereafter be conferred by
10 general law or special charter upon any corporate or
11 municipal authority, public body, officer or agent, person,
12 commissioner or corporation and the compensation to be paid
13 for or in respect of the property sought to be appropriated
14 or damaged for the purposes mentioned cannot be agreed upon
15 by the parties interested, or in case the owner of the
16 property is incapable of consenting, or the owner's name or
17 residence is unknown, or the owner is a nonresident of the
18 state, the party authorized to take or damage the property so
19 required, or to construct, operate and maintain any public
20 road, railroad, plankroad, turnpike road, canal or other
21 public work or improvement, may apply to the circuit court of
22 the county where the property or any part thereof is
23 situated, by filing with the clerk a complaint, setting
24 forth, by reference, his, her or their authority in the
25 premises, the purpose for which the property is sought to be
26 taken or damaged, a description of the property, the names of
27 all persons interested therein as owners or otherwise as
28 appearing of record, if known, or if not known stating that
29 fact and praying such court to cause the compensation to be
30 paid to the owner to be assessed. If it appears that any
31 person not in being, upon coming into being, is, or may
32 become or may claim to be, entitled to any interest in the
33 property sought to be appropriated or damaged the court shall
SB797 Enrolled -15- LRB9001365NTsb
1 appoint some competent and disinterested person as guardian
2 ad litem, to appear for and represent such interest in the
3 proceeding and to defend the proceeding on behalf of the
4 person not in being, and any judgment entered in the
5 proceeding shall be as effectual for all purposes as though
6 the person was in being and was a party to the proceeding. If
7 the proceeding seeks to affect the property of persons under
8 guardianship, the guardians shall be made parties defendant.
9 Persons interested, whose names are unknown, may be made
10 parties defendant by the same descriptions and in the same
11 manner as provided in other civil cases. Where the property
12 to be taken or damaged is a common element of property
13 subject to a declaration of condominium ownership pursuant to
14 the Condominium Property Act or of a common interest
15 community, the complaint shall name the unit owners'
16 association in lieu of naming the individual unit owners and
17 lienholders on individual units. Unit owners, mortgagees and
18 other lienholders may intervene as parties defendant. For the
19 purposes of this Section "common interest community" shall
20 have the same meaning as set forth in subsection (c) of
21 Section 9-102 of the Code of Civil Procedure. "Unit owners'
22 association" or "association" shall refer to both the
23 definition contained in Section 2 of the Condominium Property
24 Act and subsection (c) of Section 9-102 of the Code of Civil
25 Procedure. Where the property is sought to be taken or
26 damaged by the state for the purposes of establishing,
27 operating or maintaining any state house or state charitable
28 or other institutions or improvements, the complaint shall be
29 signed by the governor or such other person as he or she
30 shall direct, or as is provided by law. No property, except
31 property described in either Section 3 of the Sports Stadium
32 Act or Article 11, Division 139, of the Illinois Municipal
33 Code, and property described as Site B in Section 2 of the
34 Metropolitan Pier and Exposition Authority Act, and property
SB797 Enrolled -16- LRB9001365NTsb
1 that may be taken as provided in the Meigs Field Airport Act,
2 belonging to a railroad or other public utility subject to
3 the jurisdiction of the Illinois Commerce Commission may be
4 taken or damaged, pursuant to the provisions of Article VII
5 of this Act, without the prior approval of the Illinois
6 Commerce Commission. This amendatory Act of 1991 (Public Act
7 87-760) is declaratory of existing law and is intended to
8 remove possible ambiguities, thereby confirming the existing
9 meaning of the Code of Civil Procedure and of the Illinois
10 Municipal Code in effect before January 1, 1992 (the
11 effective date of Public Act 87-760).
12 (Source: P.A. 86-110; 86-826; 86-1028; 87-733; 87-760;
13 87-895; 89-683, eff. 6-1-97.)
14 (735 ILCS 5/7-103) (from Ch. 110, par. 7-103)
15 (Text of Section before amendment by P.A. 89-683)
16 Sec. 7-103. "Quick-take". This Section applies only to
17 proceedings under this Article:
18 (1) by the State of Illinois, the Illinois Toll
19 Highway Authority or the St. Louis Metropolitan Area
20 Airport Authority for the acquisition of land or
21 interests therein for highway purposes;
22 (2) (blank);
23 (3) by the Department of Commerce and Community
24 Affairs for the purpose specified in the Illinois Coal
25 Development Bond Act;
26 (4) (blank);
27 (5) for the purpose specified in the St. Louis
28 Metropolitan Area Airport Authority Act;
29 (6) for a period of 24 months after May 24, 1996,
30 by the Southwestern Illinois Development Authority
31 pursuant to the Southwestern Illinois Development
32 Authority Act;
33 (7) for a period of 3 years after December 30,
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1 1987, by the Quad Cities Regional Economic Development
2 Authority (except for the acquisition of land or
3 interests therein that is farmland, or upon which is
4 situated a farm dwelling and appurtenant structures, or
5 upon which is situated a residence, or which is wholly
6 within an area that is zoned for residential use)
7 pursuant to the Quad Cities Regional Economic Development
8 Authority Act;
9 (8) by a sanitary district created under the
10 Metropolitan Water Reclamation District Act for the
11 acquisition of land or interests therein for purposes
12 specified in that Act;
13 (9) by a rail carrier within the time limitations
14 and subject to the terms and conditions set forth in
15 Section 18c-7501 of the Illinois Vehicle Code;
16 (10) for a period of 18 months after January 26,
17 1987, for the purpose specified in Division 135 of
18 Article 11 of the Illinois Municipal Code, by a
19 commission created under Section 2 of the Water
20 Commission Act of 1985;
21 (11) by a village containing a population of less
22 than 15,000 for the purpose of acquiring property to be
23 used for a refuse derived fuel system designed to
24 generate steam and electricity, and for industrial
25 development that will utilize such steam and electricity,
26 pursuant to Section 11-19-10 of the Illinois Municipal
27 Code;
28 (12) after receiving the prior approval of the City
29 Council, by a municipality having a population of more
30 than 500,000 for the purposes set forth in Section
31 11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
32 Illinois Municipal Code, and for the same purposes when
33 established pursuant to home rule powers;
34 (13) by a home rule municipality, after a public
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1 hearing held by the corporate authorities or by a
2 committee of the corporate authorities and after approval
3 by a majority of the corporate authorities, within an
4 area designated as an enterprise zone by the municipality
5 under the Illinois Enterprise Zone Act;
6 (14) by the Illinois Sports Facilities Authority
7 for the purpose specified in Section 12 of the Illinois
8 Sports Facilities Authority Act;
9 (15) by a municipality having a population of more
10 than 2,000,000 for the purpose of acquiring the property
11 described in Section 3 of the Sports Stadium Act;
12 (16) for a period of 18 months after July 29, 1986,
13 in any proceeding by the Board of Trustees of the
14 University of Illinois for the acquisition of land in
15 Champaign County or interests therein as a site for a
16 building or for any educational purpose;
17 (17) for a period of 2 years after July 1, 1990, by
18 a home rule municipality and a county board, upon
19 approval of a majority of the corporate authorities of
20 both the county board and the municipality, within an
21 area designated as an enterprise zone by the municipality
22 and the county board through an intergovernmental
23 agreement under the Illinois Enterprise Zone Act, when
24 the purpose of the condemnation proceeding is to acquire
25 land for the construction of an industrial harbor port,
26 and when the total amount of land to be acquired for that
27 purpose is less than 75 acres and is adjacent to the
28 Illinois River;
29 (18) by an airport authority located solely within
30 the boundaries of Madison County, Illinois, and which is
31 organized pursuant to the provisions of the Airport
32 Authorities Act, (i) for the acquisition of 160 acres, or
33 less, of land or interests therein for the purposes
34 specified in that Act which may be necessary to extend,
SB797 Enrolled -19- LRB9001365NTsb
1 mark, and light runway 11/29 for a distance of 1600 feet
2 in length by 100 feet in width with parallel taxiway, to
3 relocate and mark County Highway 19, Madison County,
4 known as Moreland Road, to relocate the instrument
5 landing system including the approach lighting system and
6 to construct associated drainage, fencing and seeding
7 required for the foregoing project and (ii) for a period
8 of 6 months after December 28, 1989, for the acquisition
9 of 75 acres, or less, of land or interests therein for
10 the purposes specified in that Act which may be necessary
11 to extend, mark and light the south end of runway 17/35
12 at such airport;
13 (19) by any unit of local government for a
14 permanent easement for the purpose of maintaining,
15 dredging or cleaning the Little Calumet River;
16 (20) by any unit of local government for a
17 permanent easement for the purpose of maintaining,
18 dredging or cleaning the Salt Creek in DuPage County;
19 (21) by St. Clair County, Illinois, for the
20 development of a joint use facility at Scott Air Force
21 Base;
22 (22) by the Village of Summit, Illinois, to acquire
23 land for a waste to energy plant;
24 (23) for a period of 15 months after September 7,
25 1990, by the Department of Transportation or by any unit
26 of local government under the terms of an
27 intergovernmental cooperation agreement between the
28 Department of Transportation and the unit of local
29 government for the purpose of developing aviation
30 facilities in and around Chanute Air Force Base in
31 Champaign County, Illinois;
32 (24) for a period of 1 year after December 12,
33 1990, by the City of Morris for the development of the
34 Morris Municipal Airport;
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1 (25) for a period of 1 year after June 19, 1991, by
2 the Greater Rockford Airport Authority for airport
3 expansion purposes;
4 (26) for a period of 24 months after June 30, 1991,
5 by the City of Aurora for completion of an instrument
6 landing system and construction of an east-west runway at
7 the Aurora Municipal Airport;
8 (27) for the acquisition by the Metropolitan Pier
9 and Exposition Authority of property described in
10 subsection (f) of Section 5 of the Metropolitan Pier and
11 Exposition Authority Act for the purposes of providing
12 additional grounds, buildings, and facilities related to
13 the purposes of the Metropolitan Pier and Exposition
14 Authority;
15 (28) for a period of 24 months after March 1, 1992,
16 by the Village of Wheeling and the City of Prospect
17 Heights, owners of the Palwaukee Municipal Airport, to
18 allow for the acquisition of right of way to complete the
19 realignment of Hintz Road and Wolf Road;
20 (29) for a period of one year from the effective
21 date of this amendatory Act of 1992, by the
22 Bloomington-Normal Airport Authority for airport
23 expansion purposes;
24 (30) for a period of 24 months after September 10,
25 1993, by the Cook County Highway Department and Lake
26 County Department of Transportation to allow for the
27 acquisition of necessary right-of-way for construction of
28 underpasses for Lake-Cook Road at the Chicago
29 Northwestern Railroad crossing, west of Skokie Boulevard,
30 and the Chicago, Milwaukee, St. Paul and Pacific Railroad
31 crossing, west of Waukegan Road;
32 (31) for a period of one year after December 23,
33 1993, by the City of Arcola and the City of Tuscola for
34 the development of the Arcola/Tuscola Water Transmission
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1 Pipeline Project pursuant to the intergovernmental
2 agreement between the City of Arcola and the City of
3 Tuscola;
4 (32) for a period of 24 months from December 23,
5 1993, by the Village of Bensenville for the acquisition
6 of property bounded by Illinois Route 83 to the west and
7 O'Hare International Airport to the east to complete a
8 flood control project known as the Bensenville Ditch;
9 (33) for a period of 9 months after November 1,
10 1993, by the Medical Center Commission for the purpose of
11 acquiring a site for the Illinois State Police Forensic
12 Science Laboratory at Chicago, on the block bounded by
13 Roosevelt Road on the north, Wolcott Street on the east,
14 Washburn Street on the south, and Damen Avenue on the
15 west in Chicago, Illinois;
16 (34) for a period of 36 months after July 14, 1995,
17 by White County for the acquisition of a 3 1/2 mile
18 section of Bellaire Road, which is described as follows:
19 Commencing at the Northwest Corner of the Southeast 1/4
20 of Section 28, Township 6 South, Range 10 East of the 3rd
21 Principal Meridian; thence South to a point at the
22 Southwest Corner of the Southeast 1/4 of Section 9,
23 Township 7 South, Range 10 East of the 3rd Principal
24 Meridian;
25 (35) for a period of one year after July 14, 1995,
26 by the City of Aurora for permanent and temporary
27 easements except over land adjacent to Indian Creek and
28 west of Selmarten Creek located within the City of Aurora
29 for the construction of Phase II of the Indian Creek
30 Flood Control Project;
31 (35.1) for a period beginning June 24, 1995 (the
32 day following the effective date of Public Act 89-29) and
33 ending on July 13, 1995 (the day preceding the effective
34 date of Public Act 89-134), by the City of Aurora for
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1 permanent and temporary easements for the construction of
2 Phase II of the Indian Creek Flood Control Project;
3 (36) for a period of 3 years from July 14, 1995, by
4 the Grand Avenue Railroad Relocation Authority for the
5 Grand Avenue Railroad Grade Separation Project within the
6 Village of Franklin Park, Illinois;
7 (37) for a period of 3 years after July 14, 1995,
8 by the Village of Romeoville for the acquisition of
9 rights-of-way for the 135th Street Bridge Project, lying
10 within the South 1/2 of Section 34, Township 37 North,
11 Range 10 East and the South 1/2 of Section 35, Township
12 37 North, Range 10 East of the Third Principal Meridian,
13 and the North 1/2 of Section 2, Township 36 North, Range
14 10 East and the North 1/2 of Section 3, Township 36
15 North, Range 10 East of the 3rd Principal Meridian, in
16 Will County, Illinois;
17 (37.1) for a period of 3 years after June 23, 1995,
18 by the Illinois Department of Transportation for the
19 acquisition of rights-of-way for the 135th Street Bridge
20 Project between the Des Plaines River and New Avenue
21 lying within the South 1/2 of Section 35, Township 37
22 North, Range 10 East of the Third Principal Meridian and
23 the North 1/2 of Section 2, Township 36 North, Range 10
24 East of the 3rd Principal Meridian, in Will County,
25 Illinois;
26 (38) for a period beginning June 24, 1995 (the day
27 after the effective date of Public Act 89-29) and ending
28 18 months after July 14, 1995 (the effective date of
29 Public Act 89-134), by the Anna-Jonesboro Water
30 Commission for the acquisition of land and easements for
31 improvements to its water treatment and storage
32 facilities and water transmission pipes;
33 (39) for a period of 36 months after July 14, 1995,
34 by the City of Effingham for the acquisition of property
SB797 Enrolled -23- LRB9001365NTsb
1 which is described as follows:
2 Tract 1:
3 Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
4 THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
5 thereof recorded in Book "K", Page 769, in the Recorder's
6 Office of Effingham County), situated in the City of
7 Effingham, County of Effingham and State of Illinois.
8 Tract 2:
9 The alley lying South and adjoining Tract 1, as
10 vacated by Ordinance recorded on July 28, 1937 in Book
11 183, Page 465, and all right, title and interest in and
12 to said alley as established by the Contract for Easement
13 recorded on August 4, 1937 in Book 183, Page 472;
14 (40) for a period of one year after July 14, 1995,
15 by the Village of Palatine for the acquisition of
16 property located along the south side of Dundee Road
17 between Rand Road and Hicks Road for redevelopment
18 purposes;
19 (41) for a period of 6 years after July 1, 1995,
20 for the acquisition by the Medical Center District of
21 property described in Section 3 of the Illinois Medical
22 District Act within the District Development Area as
23 described in Section 4 of that Act for the purposes set
24 forth in that Act;
25 (41.5) for a period of 24 months after June 21,
26 1996 by the City of Effingham, Illinois for acquisition
27 of property for the South Raney Street Improvement
28 Project Phase I;
29 (42) for a period of 3 years after June 21, 1996,
30 by the Village of Deerfield for the acquisition of
31 territory within the Deerfield Village Center, as
32 designated as of that date by the Deerfield Comprehensive
33 Plan, with the exception of that area north of Jewett
34 Park Drive (extended) between Waukegan Road and the
SB797 Enrolled -24- LRB9001365NTsb
1 Milwaukee Railroad Tracks, for redevelopment purposes;
2 (43) for a period of 12 months after June 21, 1996,
3 by the City of Harvard for the acquisition of property
4 lying west of Harvard Hills Road of sufficient size to
5 widen the Harvard Hills Road right of way and to install
6 and maintain city utility services not more than 200 feet
7 west of the center line of Harvard Hills Road;
8 (44) for a period of 5 years after June 21, 1996,
9 by the Village of River Forest, Illinois, within the area
10 designated as a tax increment financing district when the
11 purpose of the condemnation proceeding is to acquire land
12 for any of the purposes contained in the River Forest Tax
13 Increment Financing Plan or authorized by the Tax
14 Increment Allocation Redevelopment Act, provided that
15 condemnation of any property zoned and used exclusively
16 for residential purposes shall be prohibited;
17 (45) for a period of 18 months after June 28, 1996,
18 by the Village of Schaumburg for the acquisition of land,
19 easements, and aviation easements for the purpose of a
20 public airport in Cook and DuPage Counties; provided that
21 if any proceedings under the provisions of this Article
22 are pending on that date, "quick-take" may be utilized by
23 the Village of Schaumburg;
24 (46) for a period of one year after June 28, 1996,
25 by the City of Pinckneyville for the acquisition of land
26 and easements to provide for improvements to its water
27 treatment and storage facilities and water transmission
28 pipes, and for the construction of a sewerage treatment
29 facility and sewerage transmission pipes to serve the
30 Illinois Department of Corrections Pinckneyville
31 Correctional Facility;
32 (47) for a period of 6 months after June 28, 1996,
33 by the City of Streator for the acquisition of property
34 described as follows for a first flush basin sanitary
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1 sewer system:
2 Tract 5: That part of lots 20 and 21 in Block
3 6 in Moore and Plumb's addition to the city of
4 Streator, Illinois, lying south of the right of way
5 of the switch track of the Norfolk and Western
6 Railroad (now abandoned) in the county of LaSalle,
7 state of Illinois.
8 Tract 6: That part of lots 30, 31 and 32 in
9 Block 7 in Moore and Plumb's Addition to the city of
10 Streator, Illinois, lying north of the centerline of
11 Coal Run Creek and south of the right of way of the
12 switch track of the Norfolk and Western Railroad
13 (now abandoned) in the county of LaSalle, state of
14 Illinois;
15 (48) for a period of 36 months after January 16,
16 1997 the effective date of this amendatory Act of 1996,
17 by the Bi-State Development Agency of the
18 Missouri-Illinois Metropolitan District for the
19 acquisition of rights of way and related property
20 necessary for the construction and operation of the
21 MetroLink Light Rail System, beginning in East St. Louis,
22 Illinois, and terminating at Mid America Airport, St.
23 Clair County, Illinois;
24 (49) for a period of 2 years after January 16, 1997
25 the effective date of this amendatory Act of 1996, by the
26 Village of Schaumburg for the acquisition of
27 rights-of-way, permanent easements, and temporary
28 easements for the purpose of improving the Roselle
29 Road/Illinois Route 58/Illinois Route 72 corridor,
30 including rights-of-way along Roselle Road, Remington
31 Road, Valley Lake Drive, State Parkway, Commerce Drive,
32 Kristin Circle, and Hillcrest Boulevard, a permanent
33 easement along Roselle Road, and temporary easements
34 along Roselle Road, State Parkway, Valley Lake Drive,
SB797 Enrolled -26- LRB9001365NTsb
1 Commerce Drive, Kristin Circle, and Hillcrest Boulevard,
2 in Cook County.
3 In a proceeding subject to this Section, the plaintiff,
4 at any time after the complaint has been filed and before
5 judgment is entered in the proceeding, may file a written
6 motion requesting that, immediately or at some specified
7 later date, the plaintiff either be vested with the fee
8 simple title (or such lesser estate, interest or easement, as
9 may be required) to the real property, or specified portion
10 thereof, which is the subject of the proceeding, and be
11 authorized to take possession of and use such property; or
12 only be authorized to take possession of and to use such
13 property, if such possession and use, without the vesting of
14 title, are sufficient to permit the plaintiff to proceed with
15 the project until the final ascertainment of compensation;
16 however, no land or interests therein now or hereafter owned,
17 leased, controlled or operated and used by, or necessary for
18 the actual operation of, any common carrier engaged in
19 interstate commerce, or any other public utility subject to
20 the jurisdiction of the Illinois Commerce Commission, shall
21 be taken or appropriated hereunder by the State of Illinois,
22 the Illinois Toll Highway Authority, the sanitary district,
23 the St. Louis Metropolitan Area Airport Authority or the
24 Board of Trustees of the University of Illinois without first
25 securing the approval of such Commission.
26 Except as hereinafter stated, the motion for taking shall
27 state: (1) an accurate description of the property to which
28 the motion relates and the estate or interest sought to be
29 acquired therein; (2) the formally adopted schedule or plan
30 of operation for the execution of the plaintiff's project;
31 (3) the situation of the property to which the motion
32 relates, with respect to the schedule or plan; (4) the
33 necessity for taking such property in the manner requested in
34 the motion; and (5) if the property (except property
SB797 Enrolled -27- LRB9001365NTsb
1 described in Section 3 of the Sports Stadium Act or property
2 described as Site B in Section 2 of the Metropolitan Pier and
3 Exposition Authority Act) to be taken is owned, leased,
4 controlled or operated and used by, or necessary for the
5 actual operation of, any interstate common carrier or other
6 public utility subject to the jurisdiction of the Illinois
7 Commerce Commission, a statement to the effect that the
8 approval of such proposed taking has been secured from such
9 Commission, and attaching to such motion a certified copy of
10 the order of such Commission granting such approval. If the
11 schedule or plan of operation is not set forth fully in the
12 motion, a copy of such schedule or plan shall be attached to
13 the motion.
14 (Source: P.A. 88-486; 88-526; 88-670, eff. 12-2-94; 89-29,
15 eff. 6-23-95; 89-134, eff. 7-14-95; 89-343, eff. 8-17-95;
16 89-356, eff. 8-17-95; 89-445, eff. 2-7-96; 89-460, eff.
17 5-24-96; 89-494, eff. 6-21-96; 89-502, eff. 6-28-96; 89-504,
18 eff. 6-28-96; 89-592, eff. 8-1-96; 89-626, eff. 8-9-96;
19 89-699, eff. 1-16-97.)
20 (Text of Section after amendment by P.A. 89-683)
21 Sec. 7-103. "Quick-take". This Section applies only to
22 proceedings under this Article:
23 (1) by the State of Illinois, the Illinois Toll
24 Highway Authority or the St. Louis Metropolitan Area
25 Airport Authority for the acquisition of land or
26 interests therein for highway purposes;
27 (2) (blank);
28 (3) by the Department of Commerce and Community
29 Affairs for the purpose specified in the Illinois Coal
30 Development Bond Act;
31 (4) (blank);
32 (5) for the purpose specified in the St. Louis
33 Metropolitan Area Airport Authority Act;
34 (6) for a period of 24 months after May 24, 1996,
SB797 Enrolled -28- LRB9001365NTsb
1 by the Southwestern Illinois Development Authority
2 pursuant to the Southwestern Illinois Development
3 Authority Act;
4 (7) for a period of 3 years after December 30,
5 1987, by the Quad Cities Regional Economic Development
6 Authority (except for the acquisition of land or
7 interests therein that is farmland, or upon which is
8 situated a farm dwelling and appurtenant structures, or
9 upon which is situated a residence, or which is wholly
10 within an area that is zoned for residential use)
11 pursuant to the Quad Cities Regional Economic Development
12 Authority Act;
13 (8) by a sanitary district created under the
14 Metropolitan Water Reclamation District Act for the
15 acquisition of land or interests therein for purposes
16 specified in that Act;
17 (9) by a rail carrier within the time limitations
18 and subject to the terms and conditions set forth in
19 Section 18c-7501 of the Illinois Vehicle Code;
20 (10) for a period of 18 months after January 26,
21 1987, for the purpose specified in Division 135 of
22 Article 11 of the Illinois Municipal Code, by a
23 commission created under Section 2 of the Water
24 Commission Act of 1985;
25 (11) by a village containing a population of less
26 than 15,000 for the purpose of acquiring property to be
27 used for a refuse derived fuel system designed to
28 generate steam and electricity, and for industrial
29 development that will utilize such steam and electricity,
30 pursuant to Section 11-19-10 of the Illinois Municipal
31 Code;
32 (12) after receiving the prior approval of the City
33 Council, by a municipality having a population of more
34 than 500,000 for the purposes set forth in Section
SB797 Enrolled -29- LRB9001365NTsb
1 11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
2 Illinois Municipal Code, and for the same purposes when
3 established pursuant to home rule powers;
4 (13) by a home rule municipality, after a public
5 hearing held by the corporate authorities or by a
6 committee of the corporate authorities and after approval
7 by a majority of the corporate authorities, within an
8 area designated as an enterprise zone by the municipality
9 under the Illinois Enterprise Zone Act;
10 (14) by the Illinois Sports Facilities Authority
11 for the purpose specified in Section 12 of the Illinois
12 Sports Facilities Authority Act;
13 (15) by a municipality having a population of more
14 than 2,000,000 for the purpose of acquiring the property
15 described in Section 3 of the Sports Stadium Act;
16 (16) for a period of 18 months after July 29, 1986,
17 in any proceeding by the Board of Trustees of the
18 University of Illinois for the acquisition of land in
19 Champaign County or interests therein as a site for a
20 building or for any educational purpose;
21 (17) for a period of 2 years after July 1, 1990, by
22 a home rule municipality and a county board, upon
23 approval of a majority of the corporate authorities of
24 both the county board and the municipality, within an
25 area designated as an enterprise zone by the municipality
26 and the county board through an intergovernmental
27 agreement under the Illinois Enterprise Zone Act, when
28 the purpose of the condemnation proceeding is to acquire
29 land for the construction of an industrial harbor port,
30 and when the total amount of land to be acquired for that
31 purpose is less than 75 acres and is adjacent to the
32 Illinois River;
33 (18) by an airport authority located solely within
34 the boundaries of Madison County, Illinois, and which is
SB797 Enrolled -30- LRB9001365NTsb
1 organized pursuant to the provisions of the Airport
2 Authorities Act, (i) for the acquisition of 160 acres, or
3 less, of land or interests therein for the purposes
4 specified in that Act which may be necessary to extend,
5 mark, and light runway 11/29 for a distance of 1600 feet
6 in length by 100 feet in width with parallel taxiway, to
7 relocate and mark County Highway 19, Madison County,
8 known as Moreland Road, to relocate the instrument
9 landing system including the approach lighting system and
10 to construct associated drainage, fencing and seeding
11 required for the foregoing project and (ii) for a period
12 of 6 months after December 28, 1989, for the acquisition
13 of 75 acres, or less, of land or interests therein for
14 the purposes specified in that Act which may be necessary
15 to extend, mark and light the south end of runway 17/35
16 at such airport;
17 (19) by any unit of local government for a
18 permanent easement for the purpose of maintaining,
19 dredging or cleaning the Little Calumet River;
20 (20) by any unit of local government for a
21 permanent easement for the purpose of maintaining,
22 dredging or cleaning the Salt Creek in DuPage County;
23 (21) by St. Clair County, Illinois, for the
24 development of a joint use facility at Scott Air Force
25 Base;
26 (22) by the Village of Summit, Illinois, to acquire
27 land for a waste to energy plant;
28 (23) for a period of 15 months after September 7,
29 1990, by the Department of Transportation or by any unit
30 of local government under the terms of an
31 intergovernmental cooperation agreement between the
32 Department of Transportation and the unit of local
33 government for the purpose of developing aviation
34 facilities in and around Chanute Air Force Base in
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1 Champaign County, Illinois;
2 (24) for a period of 1 year after December 12,
3 1990, by the City of Morris for the development of the
4 Morris Municipal Airport;
5 (25) for a period of 1 year after June 19, 1991, by
6 the Greater Rockford Airport Authority for airport
7 expansion purposes;
8 (26) for a period of 24 months after June 30, 1991,
9 by the City of Aurora for completion of an instrument
10 landing system and construction of an east-west runway at
11 the Aurora Municipal Airport;
12 (27) for the acquisition by the Metropolitan Pier
13 and Exposition Authority of property described in
14 subsection (f) of Section 5 of the Metropolitan Pier and
15 Exposition Authority Act for the purposes of providing
16 additional grounds, buildings, and facilities related to
17 the purposes of the Metropolitan Pier and Exposition
18 Authority;
19 (28) for a period of 24 months after March 1, 1992,
20 by the Village of Wheeling and the City of Prospect
21 Heights, owners of the Palwaukee Municipal Airport, to
22 allow for the acquisition of right of way to complete the
23 realignment of Hintz Road and Wolf Road;
24 (29) for a period of one year from the effective
25 date of this amendatory Act of 1992, by the
26 Bloomington-Normal Airport Authority for airport
27 expansion purposes;
28 (30) for a period of 24 months after September 10,
29 1993, by the Cook County Highway Department and Lake
30 County Department of Transportation to allow for the
31 acquisition of necessary right-of-way for construction of
32 underpasses for Lake-Cook Road at the Chicago
33 Northwestern Railroad crossing, west of Skokie Boulevard,
34 and the Chicago, Milwaukee, St. Paul and Pacific Railroad
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1 crossing, west of Waukegan Road;
2 (31) for a period of one year after December 23,
3 1993, by the City of Arcola and the City of Tuscola for
4 the development of the Arcola/Tuscola Water Transmission
5 Pipeline Project pursuant to the intergovernmental
6 agreement between the City of Arcola and the City of
7 Tuscola;
8 (32) for a period of 24 months from December 23,
9 1993, by the Village of Bensenville for the acquisition
10 of property bounded by Illinois Route 83 to the west and
11 O'Hare International Airport to the east to complete a
12 flood control project known as the Bensenville Ditch;
13 (33) for a period of 9 months after November 1,
14 1993, by the Medical Center Commission for the purpose of
15 acquiring a site for the Illinois State Police Forensic
16 Science Laboratory at Chicago, on the block bounded by
17 Roosevelt Road on the north, Wolcott Street on the east,
18 Washburn Street on the south, and Damen Avenue on the
19 west in Chicago, Illinois;
20 (34) for a period of 36 months after July 14, 1995,
21 by White County for the acquisition of a 3 1/2 mile
22 section of Bellaire Road, which is described as follows:
23 Commencing at the Northwest Corner of the Southeast 1/4
24 of Section 28, Township 6 South, Range 10 East of the 3rd
25 Principal Meridian; thence South to a point at the
26 Southwest Corner of the Southeast 1/4 of Section 9,
27 Township 7 South, Range 10 East of the 3rd Principal
28 Meridian;
29 (35) for a period of one year after July 14, 1995,
30 by the City of Aurora for permanent and temporary
31 easements except over land adjacent to Indian Creek and
32 west of Selmarten Creek located within the City of Aurora
33 for the construction of Phase II of the Indian Creek
34 Flood Control Project;
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1 (35.1) for a period beginning June 24, 1995 (the
2 day following the effective date of Public Act 89-29) and
3 ending on July 13, 1995 (the day preceding the effective
4 date of Public Act 89-134), by the City of Aurora for
5 permanent and temporary easements for the construction of
6 Phase II of the Indian Creek Flood Control Project;
7 (36) for a period of 3 years from July 14, 1995, by
8 the Grand Avenue Railroad Relocation Authority for the
9 Grand Avenue Railroad Grade Separation Project within the
10 Village of Franklin Park, Illinois;
11 (37) for a period of 3 years after July 14, 1995,
12 by the Village of Romeoville for the acquisition of
13 rights-of-way for the 135th Street Bridge Project, lying
14 within the South 1/2 of Section 34, Township 37 North,
15 Range 10 East and the South 1/2 of Section 35, Township
16 37 North, Range 10 East of the Third Principal Meridian,
17 and the North 1/2 of Section 2, Township 36 North, Range
18 10 East and the North 1/2 of Section 3, Township 36
19 North, Range 10 East of the 3rd Principal Meridian, in
20 Will County, Illinois;
21 (37.1) for a period of 3 years after June 23, 1995,
22 by the Illinois Department of Transportation for the
23 acquisition of rights-of-way for the 135th Street Bridge
24 Project between the Des Plaines River and New Avenue
25 lying within the South 1/2 of Section 35, Township 37
26 North, Range 10 East of the Third Principal Meridian and
27 the North 1/2 of Section 2, Township 36 North, Range 10
28 East of the 3rd Principal Meridian, in Will County,
29 Illinois;
30 (38) for a period beginning June 24, 1995 (the day
31 after the effective date of Public Act 89-29) and ending
32 18 months after July 14, 1995 (the effective date of
33 Public Act 89-134), by the Anna-Jonesboro Water
34 Commission for the acquisition of land and easements for
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1 improvements to its water treatment and storage
2 facilities and water transmission pipes;
3 (39) for a period of 36 months after July 14, 1995,
4 by the City of Effingham for the acquisition of property
5 which is described as follows:
6 Tract 1:
7 Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
8 THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
9 thereof recorded in Book "K", Page 769, in the Recorder's
10 Office of Effingham County), situated in the City of
11 Effingham, County of Effingham and State of Illinois.
12 Tract 2:
13 The alley lying South and adjoining Tract 1, as
14 vacated by Ordinance recorded on July 28, 1937 in Book
15 183, Page 465, and all right, title and interest in and
16 to said alley as established by the Contract for Easement
17 recorded on August 4, 1937 in Book 183, Page 472;
18 (40) for a period of one year after July 14, 1995,
19 by the Village of Palatine for the acquisition of
20 property located along the south side of Dundee Road
21 between Rand Road and Hicks Road for redevelopment
22 purposes;
23 (41) for a period of 6 years after July 1, 1995,
24 for the acquisition by the Medical Center District of
25 property described in Section 3 of the Illinois Medical
26 District Act within the District Development Area as
27 described in Section 4 of that Act for the purposes set
28 forth in that Act;
29 (41.5) for a period of 24 months after June 21,
30 1996 by the City of Effingham, Illinois for acquisition
31 of property for the South Raney Street Improvement
32 Project Phase I;
33 (42) for a period of 3 years after June 21, 1996,
34 by the Village of Deerfield for the acquisition of
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1 territory within the Deerfield Village Center, as
2 designated as of that date by the Deerfield Comprehensive
3 Plan, with the exception of that area north of Jewett
4 Park Drive (extended) between Waukegan Road and the
5 Milwaukee Railroad Tracks, for redevelopment purposes;
6 (43) for a period of 12 months after June 21, 1996,
7 by the City of Harvard for the acquisition of property
8 lying west of Harvard Hills Road of sufficient size to
9 widen the Harvard Hills Road right of way and to install
10 and maintain city utility services not more than 200 feet
11 west of the center line of Harvard Hills Road;
12 (44) for a period of 5 years after June 21, 1996,
13 by the Village of River Forest, Illinois, within the area
14 designated as a tax increment financing district when the
15 purpose of the condemnation proceeding is to acquire land
16 for any of the purposes contained in the River Forest Tax
17 Increment Financing Plan or authorized by the Tax
18 Increment Allocation Redevelopment Act, provided that
19 condemnation of any property zoned and used exclusively
20 for residential purposes shall be prohibited;
21 (45) for a period of 18 months after June 28, 1996,
22 by the Village of Schaumburg for the acquisition of land,
23 easements, and aviation easements for the purpose of a
24 public airport in Cook and DuPage Counties; provided that
25 if any proceedings under the provisions of this Article
26 are pending on that date, "quick-take" may be utilized by
27 the Village of Schaumburg;
28 (46) for a period of one year after June 28, 1996,
29 by the City of Pinckneyville for the acquisition of land
30 and easements to provide for improvements to its water
31 treatment and storage facilities and water transmission
32 pipes, and for the construction of a sewerage treatment
33 facility and sewerage transmission pipes to serve the
34 Illinois Department of Corrections Pinckneyville
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1 Correctional Facility;
2 (47) for a period of 6 months after June 28, 1996,
3 by the City of Streator for the acquisition of property
4 described as follows for a first flush basin sanitary
5 sewer system:
6 Tract 5: That part of lots 20 and 21 in Block
7 6 in Moore and Plumb's addition to the city of
8 Streator, Illinois, lying south of the right of way
9 of the switch track of the Norfolk and Western
10 Railroad (now abandoned) in the county of LaSalle,
11 state of Illinois.
12 Tract 6: That part of lots 30, 31 and 32 in
13 Block 7 in Moore and Plumb's Addition to the city of
14 Streator, Illinois, lying north of the centerline of
15 Coal Run Creek and south of the right of way of the
16 switch track of the Norfolk and Western Railroad
17 (now abandoned) in the county of LaSalle, state of
18 Illinois;
19 (48) for a period of 36 months after January 16,
20 1997 the effective date of this amendatory Act of 1996,
21 by the Bi-State Development Agency of the
22 Missouri-Illinois Metropolitan District for the
23 acquisition of rights of way and related property
24 necessary for the construction and operation of the
25 MetroLink Light Rail System, beginning in East St. Louis,
26 Illinois, and terminating at Mid America Airport, St.
27 Clair County, Illinois;
28 (49) for a period of 2 years after January 16, 1997
29 the effective date of this amendatory Act of 1996, by the
30 Village of Schaumburg for the acquisition of
31 rights-of-way, permanent easements, and temporary
32 easements for the purpose of improving the Roselle
33 Road/Illinois Route 58/Illinois Route 72 corridor,
34 including rights-of-way along Roselle Road, Remington
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1 Road, Valley Lake Drive, State Parkway, Commerce Drive,
2 Kristin Circle, and Hillcrest Boulevard, a permanent
3 easement along Roselle Road, and temporary easements
4 along Roselle Road, State Parkway, Valley Lake Drive,
5 Commerce Drive, Kristin Circle, and Hillcrest Boulevard,
6 in Cook County.
7 (48) by the Department of Transportation for
8 purposes of acquiring private property as specified in
9 the Meigs Field Airport Act.
10 In a proceeding subject to this Section, the plaintiff,
11 at any time after the complaint has been filed and before
12 judgment is entered in the proceeding, may file a written
13 motion requesting that, immediately or at some specified
14 later date, the plaintiff either be vested with the fee
15 simple title (or such lesser estate, interest or easement, as
16 may be required) to the real property, or specified portion
17 thereof, which is the subject of the proceeding, and be
18 authorized to take possession of and use such property; or
19 only be authorized to take possession of and to use such
20 property, if such possession and use, without the vesting of
21 title, are sufficient to permit the plaintiff to proceed with
22 the project until the final ascertainment of compensation;
23 however, no land or interests therein now or hereafter owned,
24 leased, controlled or operated and used by, or necessary for
25 the actual operation of, any common carrier engaged in
26 interstate commerce, or any other public utility subject to
27 the jurisdiction of the Illinois Commerce Commission, shall
28 be taken or appropriated hereunder by the State of Illinois,
29 the Illinois Toll Highway Authority, the sanitary district,
30 the St. Louis Metropolitan Area Airport Authority or the
31 Board of Trustees of the University of Illinois without first
32 securing the approval of such Commission.
33 Except as hereinafter stated, the motion for taking shall
34 state: (1) an accurate description of the property to which
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1 the motion relates and the estate or interest sought to be
2 acquired therein; (2) the formally adopted schedule or plan
3 of operation for the execution of the plaintiff's project;
4 (3) the situation of the property to which the motion
5 relates, with respect to the schedule or plan; (4) the
6 necessity for taking such property in the manner requested in
7 the motion; and (5) if the property (except property
8 described in Section 3 of the Sports Stadium Act, or property
9 described as Site B in Section 2 of the Metropolitan Pier and
10 Exposition Authority Act, or property that is taken as
11 provided in the Meigs Field Airport Act) to be taken is
12 owned, leased, controlled or operated and used by, or
13 necessary for the actual operation of, any interstate common
14 carrier or other public utility subject to the jurisdiction
15 of the Illinois Commerce Commission, a statement to the
16 effect that the approval of such proposed taking has been
17 secured from such Commission, and attaching to such motion a
18 certified copy of the order of such Commission granting such
19 approval. If the schedule or plan of operation is not set
20 forth fully in the motion, a copy of such schedule or plan
21 shall be attached to the motion.
22 (Source: P.A. 88-486; 88-526; 88-670, eff. 12-2-94; 89-29,
23 eff. 6-23-95; 89-134, eff. 7-14-95; 89-343, eff. 8-17-95;
24 89-356, eff. 8-17-95; 89-445, eff. 2-7-96; 89-460, eff.
25 5-24-96; 89-494, eff. 6-21-96; 89-502, eff. 6-28-96; 89-504,
26 eff. 6-28-96; 89-592, eff. 8-1-96; 89-626, eff. 8-9-96;
27 89-683, eff. 6-1-97; 89-699, eff. 1-16-97; revised 1-28-97.)
28 (30 ILCS 805/8.21 rep.)
29 Section 4.5. The State Mandates Act is amended by
30 repealing Section 8.21 as added by Public Act 89-683.
31 (620 ILCS 5/42-a rep.)
32 (620 ILCS 5/42-b rep.)
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1 (620 ILCS 5/42-c rep.)
2 (620 ILCS 5/42-d rep.)
3 (620 ILCS 5/42-e rep.)
4 (620 ILCS 5/42-f rep.)
5 (620 ILCS 5/42-g rep.)
6 (620 ILCS 5/42-h rep.)
7 (620 ILCS 5/42-i rep.)
8 (620 ILCS 5/42-j rep.)
9 (620 ILCS 5/42-k rep.)
10 (620 ILCS 5/42-l rep.)
11 (620 ILCS 5/42-m rep.)
12 (620 ILCS 5/42-n rep.)
13 (620 ILCS 5/42-o rep.)
14 (620 ILCS 5/44a rep.)
15 Section 5. The Illinois Aeronautics Act is amended by
16 repealing Sections 42-a, 42-b, 42-c, 42-d, 42-e, 42-f, 42-g,
17 42-h, 42-i, 42-j, 42-k, 42-l, 42-m, 42-n, 42-o, and 44a.
18 (620 ILCS 60/Act rep.)
19 Section 10. The Meigs Field Airport Act, enacted as
20 Public Act 89-683 (Senate Bill 1186, enrolled, of the 89th
21 General Assembly), is repealed.
22 Section 95. No acceleration or delay. Where this Act
23 makes changes in a statute that is represented in this Act by
24 text that is not yet or no longer in effect (for example, a
25 Section represented by multiple versions), the use of that
26 text does not accelerate or delay the taking effect of (i)
27 the changes made by this Act or (ii) provisions derived from
28 any other Public Act.
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.