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90_SB0797ham002
LRB9001365NTsbam02
1 AMENDMENT TO SENATE BILL 797
2 AMENDMENT NO. . Amend Senate Bill 797, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT concerning transportation."; and
5 above the beginning of Section 3, by inserting the following:
6 "Section 2. The Illinois Highway Code is amended by
7 changing Section 4-203 as follows:
8 (605 ILCS 5/4-203) (from Ch. 121, par. 4-203)
9 Sec. 4-203. The Department may, in its discretion and as
10 funds become available for construction and maintenance, add
11 additional highways to the State highway system by (i) laying
12 out new highways, or (ii) taking over highways from the
13 county highway system, the township and district road system
14 or the municipal street system, or (iii) in order to ensure
15 access to Meigs Field (as defined in the Meigs Field Airport
16 Act) from the State highway system, taking over highways
17 from the county highway system, the township and district
18 road system, or the municipal street system or any necessary
19 park district highways, roads, or streets; but such highways,
20 roads, or streets so taken over into the State highway system
21 shall be highways, roads, or streets which form a logical
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1 part of the State highway system for traffic purposes. Before
2 any such highway, road, or street is taken over the
3 Department shall notify the proper local officials in writing
4 of its intention to do so and the date when it will assume
5 the maintenance and care of such highway, road, or street.
6 Whenever any part or portion of any such highway, road, or
7 street which is situated within the corporate limits of any
8 municipality is hereafter or has heretofore been taken over,
9 the Department shall have exclusive jurisdiction and control
10 over only that part of such highway, road, or street which
11 the Department has constructed, or which the local authority
12 has constructed and which has been taken over by the
13 Department, and for the maintenance of which the Department
14 is responsible, including the hard-surfaced slab, shoulders
15 and drainage ditches. Whenever any municipality shall
16 construct with a durable hard surface the remaining portion
17 of a street, a part of which has been improved with a durable
18 hard surface by the Department, or taken over by it, then in
19 that case the Department shall have jurisdiction and control
20 over only that portion of the street over which it did
21 construct the durable hard surface or that part which it took
22 over from the municipality.
23 (Source: Laws 1959, p. 196; P.A. 89-683, eff. 6-1-97.)"; and
24 below the end of Section 3, by inserting the following:
25 "Section 4. The Code of Civil Procedure is amended by
26 changing Sections 7-102 and 7-103 as follows:
27 (735 ILCS 5/7-102) (from Ch. 110, par. 7-102)
28 Sec. 7-102. Parties. Where the right to take private
29 property for public use, without the owner's consent or the
30 right to construct or maintain any public road, railroad,
31 plankroad, turnpike road, canal or other public work or
32 improvement, or which may damage property not actually taken
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1 has been heretofore or shall hereafter be conferred by
2 general law or special charter upon any corporate or
3 municipal authority, public body, officer or agent, person,
4 commissioner or corporation and the compensation to be paid
5 for or in respect of the property sought to be appropriated
6 or damaged for the purposes mentioned cannot be agreed upon
7 by the parties interested, or in case the owner of the
8 property is incapable of consenting, or the owner's name or
9 residence is unknown, or the owner is a nonresident of the
10 state, the party authorized to take or damage the property so
11 required, or to construct, operate and maintain any public
12 road, railroad, plankroad, turnpike road, canal or other
13 public work or improvement, may apply to the circuit court of
14 the county where the property or any part thereof is
15 situated, by filing with the clerk a complaint, setting
16 forth, by reference, his, her or their authority in the
17 premises, the purpose for which the property is sought to be
18 taken or damaged, a description of the property, the names of
19 all persons interested therein as owners or otherwise as
20 appearing of record, if known, or if not known stating that
21 fact and praying such court to cause the compensation to be
22 paid to the owner to be assessed. If it appears that any
23 person not in being, upon coming into being, is, or may
24 become or may claim to be, entitled to any interest in the
25 property sought to be appropriated or damaged the court shall
26 appoint some competent and disinterested person as guardian
27 ad litem, to appear for and represent such interest in the
28 proceeding and to defend the proceeding on behalf of the
29 person not in being, and any judgment entered in the
30 proceeding shall be as effectual for all purposes as though
31 the person was in being and was a party to the proceeding. If
32 the proceeding seeks to affect the property of persons under
33 guardianship, the guardians shall be made parties defendant.
34 Persons interested, whose names are unknown, may be made
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1 parties defendant by the same descriptions and in the same
2 manner as provided in other civil cases. Where the property
3 to be taken or damaged is a common element of property
4 subject to a declaration of condominium ownership pursuant to
5 the Condominium Property Act or of a common interest
6 community, the complaint shall name the unit owners'
7 association in lieu of naming the individual unit owners and
8 lienholders on individual units. Unit owners, mortgagees and
9 other lienholders may intervene as parties defendant. For the
10 purposes of this Section "common interest community" shall
11 have the same meaning as set forth in subsection (c) of
12 Section 9-102 of the Code of Civil Procedure. "Unit owners'
13 association" or "association" shall refer to both the
14 definition contained in Section 2 of the Condominium Property
15 Act and subsection (c) of Section 9-102 of the Code of Civil
16 Procedure. Where the property is sought to be taken or
17 damaged by the state for the purposes of establishing,
18 operating or maintaining any state house or state charitable
19 or other institutions or improvements, the complaint shall be
20 signed by the governor or such other person as he or she
21 shall direct, or as is provided by law. No property, except
22 property described in either Section 3 of the Sports Stadium
23 Act or Article 11, Division 139, of the Illinois Municipal
24 Code, and property described as Site B in Section 2 of the
25 Metropolitan Pier and Exposition Authority Act, and property
26 that may be taken as provided in the Meigs Field Airport Act,
27 belonging to a railroad or other public utility subject to
28 the jurisdiction of the Illinois Commerce Commission may be
29 taken or damaged, pursuant to the provisions of Article VII
30 of this Act, without the prior approval of the Illinois
31 Commerce Commission. This amendatory Act of 1991 (Public Act
32 87-760) is declaratory of existing law and is intended to
33 remove possible ambiguities, thereby confirming the existing
34 meaning of the Code of Civil Procedure and of the Illinois
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1 Municipal Code in effect before January 1, 1992 (the
2 effective date of Public Act 87-760).
3 (Source: P.A. 86-110; 86-826; 86-1028; 87-733; 87-760;
4 87-895; 89-683, eff. 6-1-97.)
5 (735 ILCS 5/7-103) (from Ch. 110, par. 7-103)
6 (Text of Section before amendment by P.A. 89-683)
7 Sec. 7-103. "Quick-take". This Section applies only to
8 proceedings under this Article:
9 (1) by the State of Illinois, the Illinois Toll
10 Highway Authority or the St. Louis Metropolitan Area
11 Airport Authority for the acquisition of land or
12 interests therein for highway purposes;
13 (2) (blank);
14 (3) by the Department of Commerce and Community
15 Affairs for the purpose specified in the Illinois Coal
16 Development Bond Act;
17 (4) (blank);
18 (5) for the purpose specified in the St. Louis
19 Metropolitan Area Airport Authority Act;
20 (6) for a period of 24 months after May 24, 1996,
21 by the Southwestern Illinois Development Authority
22 pursuant to the Southwestern Illinois Development
23 Authority Act;
24 (7) for a period of 3 years after December 30,
25 1987, by the Quad Cities Regional Economic Development
26 Authority (except for the acquisition of land or
27 interests therein that is farmland, or upon which is
28 situated a farm dwelling and appurtenant structures, or
29 upon which is situated a residence, or which is wholly
30 within an area that is zoned for residential use)
31 pursuant to the Quad Cities Regional Economic Development
32 Authority Act;
33 (8) by a sanitary district created under the
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1 Metropolitan Water Reclamation District Act for the
2 acquisition of land or interests therein for purposes
3 specified in that Act;
4 (9) by a rail carrier within the time limitations
5 and subject to the terms and conditions set forth in
6 Section 18c-7501 of the Illinois Vehicle Code;
7 (10) for a period of 18 months after January 26,
8 1987, for the purpose specified in Division 135 of
9 Article 11 of the Illinois Municipal Code, by a
10 commission created under Section 2 of the Water
11 Commission Act of 1985;
12 (11) by a village containing a population of less
13 than 15,000 for the purpose of acquiring property to be
14 used for a refuse derived fuel system designed to
15 generate steam and electricity, and for industrial
16 development that will utilize such steam and electricity,
17 pursuant to Section 11-19-10 of the Illinois Municipal
18 Code;
19 (12) after receiving the prior approval of the City
20 Council, by a municipality having a population of more
21 than 500,000 for the purposes set forth in Section
22 11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
23 Illinois Municipal Code, and for the same purposes when
24 established pursuant to home rule powers;
25 (13) by a home rule municipality, after a public
26 hearing held by the corporate authorities or by a
27 committee of the corporate authorities and after approval
28 by a majority of the corporate authorities, within an
29 area designated as an enterprise zone by the municipality
30 under the Illinois Enterprise Zone Act;
31 (14) by the Illinois Sports Facilities Authority
32 for the purpose specified in Section 12 of the Illinois
33 Sports Facilities Authority Act;
34 (15) by a municipality having a population of more
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1 than 2,000,000 for the purpose of acquiring the property
2 described in Section 3 of the Sports Stadium Act;
3 (16) for a period of 18 months after July 29, 1986,
4 in any proceeding by the Board of Trustees of the
5 University of Illinois for the acquisition of land in
6 Champaign County or interests therein as a site for a
7 building or for any educational purpose;
8 (17) for a period of 2 years after July 1, 1990, by
9 a home rule municipality and a county board, upon
10 approval of a majority of the corporate authorities of
11 both the county board and the municipality, within an
12 area designated as an enterprise zone by the municipality
13 and the county board through an intergovernmental
14 agreement under the Illinois Enterprise Zone Act, when
15 the purpose of the condemnation proceeding is to acquire
16 land for the construction of an industrial harbor port,
17 and when the total amount of land to be acquired for that
18 purpose is less than 75 acres and is adjacent to the
19 Illinois River;
20 (18) by an airport authority located solely within
21 the boundaries of Madison County, Illinois, and which is
22 organized pursuant to the provisions of the Airport
23 Authorities Act, (i) for the acquisition of 160 acres, or
24 less, of land or interests therein for the purposes
25 specified in that Act which may be necessary to extend,
26 mark, and light runway 11/29 for a distance of 1600 feet
27 in length by 100 feet in width with parallel taxiway, to
28 relocate and mark County Highway 19, Madison County,
29 known as Moreland Road, to relocate the instrument
30 landing system including the approach lighting system and
31 to construct associated drainage, fencing and seeding
32 required for the foregoing project and (ii) for a period
33 of 6 months after December 28, 1989, for the acquisition
34 of 75 acres, or less, of land or interests therein for
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1 the purposes specified in that Act which may be necessary
2 to extend, mark and light the south end of runway 17/35
3 at such airport;
4 (19) by any unit of local government for a
5 permanent easement for the purpose of maintaining,
6 dredging or cleaning the Little Calumet River;
7 (20) by any unit of local government for a
8 permanent easement for the purpose of maintaining,
9 dredging or cleaning the Salt Creek in DuPage County;
10 (21) by St. Clair County, Illinois, for the
11 development of a joint use facility at Scott Air Force
12 Base;
13 (22) by the Village of Summit, Illinois, to acquire
14 land for a waste to energy plant;
15 (23) for a period of 15 months after September 7,
16 1990, by the Department of Transportation or by any unit
17 of local government under the terms of an
18 intergovernmental cooperation agreement between the
19 Department of Transportation and the unit of local
20 government for the purpose of developing aviation
21 facilities in and around Chanute Air Force Base in
22 Champaign County, Illinois;
23 (24) for a period of 1 year after December 12,
24 1990, by the City of Morris for the development of the
25 Morris Municipal Airport;
26 (25) for a period of 1 year after June 19, 1991, by
27 the Greater Rockford Airport Authority for airport
28 expansion purposes;
29 (26) for a period of 24 months after June 30, 1991,
30 by the City of Aurora for completion of an instrument
31 landing system and construction of an east-west runway at
32 the Aurora Municipal Airport;
33 (27) for the acquisition by the Metropolitan Pier
34 and Exposition Authority of property described in
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1 subsection (f) of Section 5 of the Metropolitan Pier and
2 Exposition Authority Act for the purposes of providing
3 additional grounds, buildings, and facilities related to
4 the purposes of the Metropolitan Pier and Exposition
5 Authority;
6 (28) for a period of 24 months after March 1, 1992,
7 by the Village of Wheeling and the City of Prospect
8 Heights, owners of the Palwaukee Municipal Airport, to
9 allow for the acquisition of right of way to complete the
10 realignment of Hintz Road and Wolf Road;
11 (29) for a period of one year from the effective
12 date of this amendatory Act of 1992, by the
13 Bloomington-Normal Airport Authority for airport
14 expansion purposes;
15 (30) for a period of 24 months after September 10,
16 1993, by the Cook County Highway Department and Lake
17 County Department of Transportation to allow for the
18 acquisition of necessary right-of-way for construction of
19 underpasses for Lake-Cook Road at the Chicago
20 Northwestern Railroad crossing, west of Skokie Boulevard,
21 and the Chicago, Milwaukee, St. Paul and Pacific Railroad
22 crossing, west of Waukegan Road;
23 (31) for a period of one year after December 23,
24 1993, by the City of Arcola and the City of Tuscola for
25 the development of the Arcola/Tuscola Water Transmission
26 Pipeline Project pursuant to the intergovernmental
27 agreement between the City of Arcola and the City of
28 Tuscola;
29 (32) for a period of 24 months from December 23,
30 1993, by the Village of Bensenville for the acquisition
31 of property bounded by Illinois Route 83 to the west and
32 O'Hare International Airport to the east to complete a
33 flood control project known as the Bensenville Ditch;
34 (33) for a period of 9 months after November 1,
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1 1993, by the Medical Center Commission for the purpose of
2 acquiring a site for the Illinois State Police Forensic
3 Science Laboratory at Chicago, on the block bounded by
4 Roosevelt Road on the north, Wolcott Street on the east,
5 Washburn Street on the south, and Damen Avenue on the
6 west in Chicago, Illinois;
7 (34) for a period of 36 months after July 14, 1995,
8 by White County for the acquisition of a 3 1/2 mile
9 section of Bellaire Road, which is described as follows:
10 Commencing at the Northwest Corner of the Southeast 1/4
11 of Section 28, Township 6 South, Range 10 East of the 3rd
12 Principal Meridian; thence South to a point at the
13 Southwest Corner of the Southeast 1/4 of Section 9,
14 Township 7 South, Range 10 East of the 3rd Principal
15 Meridian;
16 (35) for a period of one year after July 14, 1995,
17 by the City of Aurora for permanent and temporary
18 easements except over land adjacent to Indian Creek and
19 west of Selmarten Creek located within the City of Aurora
20 for the construction of Phase II of the Indian Creek
21 Flood Control Project;
22 (35.1) for a period beginning June 24, 1995 (the
23 day following the effective date of Public Act 89-29) and
24 ending on July 13, 1995 (the day preceding the effective
25 date of Public Act 89-134), by the City of Aurora for
26 permanent and temporary easements for the construction of
27 Phase II of the Indian Creek Flood Control Project;
28 (36) for a period of 3 years from July 14, 1995, by
29 the Grand Avenue Railroad Relocation Authority for the
30 Grand Avenue Railroad Grade Separation Project within the
31 Village of Franklin Park, Illinois;
32 (37) for a period of 3 years after July 14, 1995,
33 by the Village of Romeoville for the acquisition of
34 rights-of-way for the 135th Street Bridge Project, lying
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1 within the South 1/2 of Section 34, Township 37 North,
2 Range 10 East and the South 1/2 of Section 35, Township
3 37 North, Range 10 East of the Third Principal Meridian,
4 and the North 1/2 of Section 2, Township 36 North, Range
5 10 East and the North 1/2 of Section 3, Township 36
6 North, Range 10 East of the 3rd Principal Meridian, in
7 Will County, Illinois;
8 (37.1) for a period of 3 years after June 23, 1995,
9 by the Illinois Department of Transportation for the
10 acquisition of rights-of-way for the 135th Street Bridge
11 Project between the Des Plaines River and New Avenue
12 lying within the South 1/2 of Section 35, Township 37
13 North, Range 10 East of the Third Principal Meridian and
14 the North 1/2 of Section 2, Township 36 North, Range 10
15 East of the 3rd Principal Meridian, in Will County,
16 Illinois;
17 (38) for a period beginning June 24, 1995 (the day
18 after the effective date of Public Act 89-29) and ending
19 18 months after July 14, 1995 (the effective date of
20 Public Act 89-134), by the Anna-Jonesboro Water
21 Commission for the acquisition of land and easements for
22 improvements to its water treatment and storage
23 facilities and water transmission pipes;
24 (39) for a period of 36 months after July 14, 1995,
25 by the City of Effingham for the acquisition of property
26 which is described as follows:
27 Tract 1:
28 Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
29 THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
30 thereof recorded in Book "K", Page 769, in the Recorder's
31 Office of Effingham County), situated in the City of
32 Effingham, County of Effingham and State of Illinois.
33 Tract 2:
34 The alley lying South and adjoining Tract 1, as
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1 vacated by Ordinance recorded on July 28, 1937 in Book
2 183, Page 465, and all right, title and interest in and
3 to said alley as established by the Contract for Easement
4 recorded on August 4, 1937 in Book 183, Page 472;
5 (40) for a period of one year after July 14, 1995,
6 by the Village of Palatine for the acquisition of
7 property located along the south side of Dundee Road
8 between Rand Road and Hicks Road for redevelopment
9 purposes;
10 (41) for a period of 6 years after July 1, 1995,
11 for the acquisition by the Medical Center District of
12 property described in Section 3 of the Illinois Medical
13 District Act within the District Development Area as
14 described in Section 4 of that Act for the purposes set
15 forth in that Act;
16 (41.5) for a period of 24 months after June 21,
17 1996 by the City of Effingham, Illinois for acquisition
18 of property for the South Raney Street Improvement
19 Project Phase I;
20 (42) for a period of 3 years after June 21, 1996,
21 by the Village of Deerfield for the acquisition of
22 territory within the Deerfield Village Center, as
23 designated as of that date by the Deerfield Comprehensive
24 Plan, with the exception of that area north of Jewett
25 Park Drive (extended) between Waukegan Road and the
26 Milwaukee Railroad Tracks, for redevelopment purposes;
27 (43) for a period of 12 months after June 21, 1996,
28 by the City of Harvard for the acquisition of property
29 lying west of Harvard Hills Road of sufficient size to
30 widen the Harvard Hills Road right of way and to install
31 and maintain city utility services not more than 200 feet
32 west of the center line of Harvard Hills Road;
33 (44) for a period of 5 years after June 21, 1996,
34 by the Village of River Forest, Illinois, within the area
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1 designated as a tax increment financing district when the
2 purpose of the condemnation proceeding is to acquire land
3 for any of the purposes contained in the River Forest Tax
4 Increment Financing Plan or authorized by the Tax
5 Increment Allocation Redevelopment Act, provided that
6 condemnation of any property zoned and used exclusively
7 for residential purposes shall be prohibited;
8 (45) for a period of 18 months after June 28, 1996,
9 by the Village of Schaumburg for the acquisition of land,
10 easements, and aviation easements for the purpose of a
11 public airport in Cook and DuPage Counties; provided that
12 if any proceedings under the provisions of this Article
13 are pending on that date, "quick-take" may be utilized by
14 the Village of Schaumburg;
15 (46) for a period of one year after June 28, 1996,
16 by the City of Pinckneyville for the acquisition of land
17 and easements to provide for improvements to its water
18 treatment and storage facilities and water transmission
19 pipes, and for the construction of a sewerage treatment
20 facility and sewerage transmission pipes to serve the
21 Illinois Department of Corrections Pinckneyville
22 Correctional Facility;
23 (47) for a period of 6 months after June 28, 1996,
24 by the City of Streator for the acquisition of property
25 described as follows for a first flush basin sanitary
26 sewer system:
27 Tract 5: That part of lots 20 and 21 in Block
28 6 in Moore and Plumb's addition to the city of
29 Streator, Illinois, lying south of the right of way
30 of the switch track of the Norfolk and Western
31 Railroad (now abandoned) in the county of LaSalle,
32 state of Illinois.
33 Tract 6: That part of lots 30, 31 and 32 in
34 Block 7 in Moore and Plumb's Addition to the city of
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1 Streator, Illinois, lying north of the centerline of
2 Coal Run Creek and south of the right of way of the
3 switch track of the Norfolk and Western Railroad
4 (now abandoned) in the county of LaSalle, state of
5 Illinois;
6 (48) for a period of 36 months after January 16,
7 1997 the effective date of this amendatory Act of 1996,
8 by the Bi-State Development Agency of the
9 Missouri-Illinois Metropolitan District for the
10 acquisition of rights of way and related property
11 necessary for the construction and operation of the
12 MetroLink Light Rail System, beginning in East St. Louis,
13 Illinois, and terminating at Mid America Airport, St.
14 Clair County, Illinois;
15 (49) for a period of 2 years after January 16, 1997
16 the effective date of this amendatory Act of 1996, by the
17 Village of Schaumburg for the acquisition of
18 rights-of-way, permanent easements, and temporary
19 easements for the purpose of improving the Roselle
20 Road/Illinois Route 58/Illinois Route 72 corridor,
21 including rights-of-way along Roselle Road, Remington
22 Road, Valley Lake Drive, State Parkway, Commerce Drive,
23 Kristin Circle, and Hillcrest Boulevard, a permanent
24 easement along Roselle Road, and temporary easements
25 along Roselle Road, State Parkway, Valley Lake Drive,
26 Commerce Drive, Kristin Circle, and Hillcrest Boulevard,
27 in Cook County.
28 In a proceeding subject to this Section, the plaintiff,
29 at any time after the complaint has been filed and before
30 judgment is entered in the proceeding, may file a written
31 motion requesting that, immediately or at some specified
32 later date, the plaintiff either be vested with the fee
33 simple title (or such lesser estate, interest or easement, as
34 may be required) to the real property, or specified portion
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1 thereof, which is the subject of the proceeding, and be
2 authorized to take possession of and use such property; or
3 only be authorized to take possession of and to use such
4 property, if such possession and use, without the vesting of
5 title, are sufficient to permit the plaintiff to proceed with
6 the project until the final ascertainment of compensation;
7 however, no land or interests therein now or hereafter owned,
8 leased, controlled or operated and used by, or necessary for
9 the actual operation of, any common carrier engaged in
10 interstate commerce, or any other public utility subject to
11 the jurisdiction of the Illinois Commerce Commission, shall
12 be taken or appropriated hereunder by the State of Illinois,
13 the Illinois Toll Highway Authority, the sanitary district,
14 the St. Louis Metropolitan Area Airport Authority or the
15 Board of Trustees of the University of Illinois without first
16 securing the approval of such Commission.
17 Except as hereinafter stated, the motion for taking shall
18 state: (1) an accurate description of the property to which
19 the motion relates and the estate or interest sought to be
20 acquired therein; (2) the formally adopted schedule or plan
21 of operation for the execution of the plaintiff's project;
22 (3) the situation of the property to which the motion
23 relates, with respect to the schedule or plan; (4) the
24 necessity for taking such property in the manner requested in
25 the motion; and (5) if the property (except property
26 described in Section 3 of the Sports Stadium Act or property
27 described as Site B in Section 2 of the Metropolitan Pier and
28 Exposition Authority Act) to be taken is owned, leased,
29 controlled or operated and used by, or necessary for the
30 actual operation of, any interstate common carrier or other
31 public utility subject to the jurisdiction of the Illinois
32 Commerce Commission, a statement to the effect that the
33 approval of such proposed taking has been secured from such
34 Commission, and attaching to such motion a certified copy of
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1 the order of such Commission granting such approval. If the
2 schedule or plan of operation is not set forth fully in the
3 motion, a copy of such schedule or plan shall be attached to
4 the motion.
5 (Source: P.A. 88-486; 88-526; 88-670, eff. 12-2-94; 89-29,
6 eff. 6-23-95; 89-134, eff. 7-14-95; 89-343, eff. 8-17-95;
7 89-356, eff. 8-17-95; 89-445, eff. 2-7-96; 89-460, eff.
8 5-24-96; 89-494, eff. 6-21-96; 89-502, eff. 6-28-96; 89-504,
9 eff. 6-28-96; 89-592, eff. 8-1-96; 89-626, eff. 8-9-96;
10 89-699, eff. 1-16-97.)
11 (Text of Section after amendment by P.A. 89-683)
12 Sec. 7-103. "Quick-take". This Section applies only to
13 proceedings under this Article:
14 (1) by the State of Illinois, the Illinois Toll
15 Highway Authority or the St. Louis Metropolitan Area
16 Airport Authority for the acquisition of land or
17 interests therein for highway purposes;
18 (2) (blank);
19 (3) by the Department of Commerce and Community
20 Affairs for the purpose specified in the Illinois Coal
21 Development Bond Act;
22 (4) (blank);
23 (5) for the purpose specified in the St. Louis
24 Metropolitan Area Airport Authority Act;
25 (6) for a period of 24 months after May 24, 1996,
26 by the Southwestern Illinois Development Authority
27 pursuant to the Southwestern Illinois Development
28 Authority Act;
29 (7) for a period of 3 years after December 30,
30 1987, by the Quad Cities Regional Economic Development
31 Authority (except for the acquisition of land or
32 interests therein that is farmland, or upon which is
33 situated a farm dwelling and appurtenant structures, or
34 upon which is situated a residence, or which is wholly
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1 within an area that is zoned for residential use)
2 pursuant to the Quad Cities Regional Economic Development
3 Authority Act;
4 (8) by a sanitary district created under the
5 Metropolitan Water Reclamation District Act for the
6 acquisition of land or interests therein for purposes
7 specified in that Act;
8 (9) by a rail carrier within the time limitations
9 and subject to the terms and conditions set forth in
10 Section 18c-7501 of the Illinois Vehicle Code;
11 (10) for a period of 18 months after January 26,
12 1987, for the purpose specified in Division 135 of
13 Article 11 of the Illinois Municipal Code, by a
14 commission created under Section 2 of the Water
15 Commission Act of 1985;
16 (11) by a village containing a population of less
17 than 15,000 for the purpose of acquiring property to be
18 used for a refuse derived fuel system designed to
19 generate steam and electricity, and for industrial
20 development that will utilize such steam and electricity,
21 pursuant to Section 11-19-10 of the Illinois Municipal
22 Code;
23 (12) after receiving the prior approval of the City
24 Council, by a municipality having a population of more
25 than 500,000 for the purposes set forth in Section
26 11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
27 Illinois Municipal Code, and for the same purposes when
28 established pursuant to home rule powers;
29 (13) by a home rule municipality, after a public
30 hearing held by the corporate authorities or by a
31 committee of the corporate authorities and after approval
32 by a majority of the corporate authorities, within an
33 area designated as an enterprise zone by the municipality
34 under the Illinois Enterprise Zone Act;
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1 (14) by the Illinois Sports Facilities Authority
2 for the purpose specified in Section 12 of the Illinois
3 Sports Facilities Authority Act;
4 (15) by a municipality having a population of more
5 than 2,000,000 for the purpose of acquiring the property
6 described in Section 3 of the Sports Stadium Act;
7 (16) for a period of 18 months after July 29, 1986,
8 in any proceeding by the Board of Trustees of the
9 University of Illinois for the acquisition of land in
10 Champaign County or interests therein as a site for a
11 building or for any educational purpose;
12 (17) for a period of 2 years after July 1, 1990, by
13 a home rule municipality and a county board, upon
14 approval of a majority of the corporate authorities of
15 both the county board and the municipality, within an
16 area designated as an enterprise zone by the municipality
17 and the county board through an intergovernmental
18 agreement under the Illinois Enterprise Zone Act, when
19 the purpose of the condemnation proceeding is to acquire
20 land for the construction of an industrial harbor port,
21 and when the total amount of land to be acquired for that
22 purpose is less than 75 acres and is adjacent to the
23 Illinois River;
24 (18) by an airport authority located solely within
25 the boundaries of Madison County, Illinois, and which is
26 organized pursuant to the provisions of the Airport
27 Authorities Act, (i) for the acquisition of 160 acres, or
28 less, of land or interests therein for the purposes
29 specified in that Act which may be necessary to extend,
30 mark, and light runway 11/29 for a distance of 1600 feet
31 in length by 100 feet in width with parallel taxiway, to
32 relocate and mark County Highway 19, Madison County,
33 known as Moreland Road, to relocate the instrument
34 landing system including the approach lighting system and
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1 to construct associated drainage, fencing and seeding
2 required for the foregoing project and (ii) for a period
3 of 6 months after December 28, 1989, for the acquisition
4 of 75 acres, or less, of land or interests therein for
5 the purposes specified in that Act which may be necessary
6 to extend, mark and light the south end of runway 17/35
7 at such airport;
8 (19) by any unit of local government for a
9 permanent easement for the purpose of maintaining,
10 dredging or cleaning the Little Calumet River;
11 (20) by any unit of local government for a
12 permanent easement for the purpose of maintaining,
13 dredging or cleaning the Salt Creek in DuPage County;
14 (21) by St. Clair County, Illinois, for the
15 development of a joint use facility at Scott Air Force
16 Base;
17 (22) by the Village of Summit, Illinois, to acquire
18 land for a waste to energy plant;
19 (23) for a period of 15 months after September 7,
20 1990, by the Department of Transportation or by any unit
21 of local government under the terms of an
22 intergovernmental cooperation agreement between the
23 Department of Transportation and the unit of local
24 government for the purpose of developing aviation
25 facilities in and around Chanute Air Force Base in
26 Champaign County, Illinois;
27 (24) for a period of 1 year after December 12,
28 1990, by the City of Morris for the development of the
29 Morris Municipal Airport;
30 (25) for a period of 1 year after June 19, 1991, by
31 the Greater Rockford Airport Authority for airport
32 expansion purposes;
33 (26) for a period of 24 months after June 30, 1991,
34 by the City of Aurora for completion of an instrument
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1 landing system and construction of an east-west runway at
2 the Aurora Municipal Airport;
3 (27) for the acquisition by the Metropolitan Pier
4 and Exposition Authority of property described in
5 subsection (f) of Section 5 of the Metropolitan Pier and
6 Exposition Authority Act for the purposes of providing
7 additional grounds, buildings, and facilities related to
8 the purposes of the Metropolitan Pier and Exposition
9 Authority;
10 (28) for a period of 24 months after March 1, 1992,
11 by the Village of Wheeling and the City of Prospect
12 Heights, owners of the Palwaukee Municipal Airport, to
13 allow for the acquisition of right of way to complete the
14 realignment of Hintz Road and Wolf Road;
15 (29) for a period of one year from the effective
16 date of this amendatory Act of 1992, by the
17 Bloomington-Normal Airport Authority for airport
18 expansion purposes;
19 (30) for a period of 24 months after September 10,
20 1993, by the Cook County Highway Department and Lake
21 County Department of Transportation to allow for the
22 acquisition of necessary right-of-way for construction of
23 underpasses for Lake-Cook Road at the Chicago
24 Northwestern Railroad crossing, west of Skokie Boulevard,
25 and the Chicago, Milwaukee, St. Paul and Pacific Railroad
26 crossing, west of Waukegan Road;
27 (31) for a period of one year after December 23,
28 1993, by the City of Arcola and the City of Tuscola for
29 the development of the Arcola/Tuscola Water Transmission
30 Pipeline Project pursuant to the intergovernmental
31 agreement between the City of Arcola and the City of
32 Tuscola;
33 (32) for a period of 24 months from December 23,
34 1993, by the Village of Bensenville for the acquisition
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1 of property bounded by Illinois Route 83 to the west and
2 O'Hare International Airport to the east to complete a
3 flood control project known as the Bensenville Ditch;
4 (33) for a period of 9 months after November 1,
5 1993, by the Medical Center Commission for the purpose of
6 acquiring a site for the Illinois State Police Forensic
7 Science Laboratory at Chicago, on the block bounded by
8 Roosevelt Road on the north, Wolcott Street on the east,
9 Washburn Street on the south, and Damen Avenue on the
10 west in Chicago, Illinois;
11 (34) for a period of 36 months after July 14, 1995,
12 by White County for the acquisition of a 3 1/2 mile
13 section of Bellaire Road, which is described as follows:
14 Commencing at the Northwest Corner of the Southeast 1/4
15 of Section 28, Township 6 South, Range 10 East of the 3rd
16 Principal Meridian; thence South to a point at the
17 Southwest Corner of the Southeast 1/4 of Section 9,
18 Township 7 South, Range 10 East of the 3rd Principal
19 Meridian;
20 (35) for a period of one year after July 14, 1995,
21 by the City of Aurora for permanent and temporary
22 easements except over land adjacent to Indian Creek and
23 west of Selmarten Creek located within the City of Aurora
24 for the construction of Phase II of the Indian Creek
25 Flood Control Project;
26 (35.1) for a period beginning June 24, 1995 (the
27 day following the effective date of Public Act 89-29) and
28 ending on July 13, 1995 (the day preceding the effective
29 date of Public Act 89-134), by the City of Aurora for
30 permanent and temporary easements for the construction of
31 Phase II of the Indian Creek Flood Control Project;
32 (36) for a period of 3 years from July 14, 1995, by
33 the Grand Avenue Railroad Relocation Authority for the
34 Grand Avenue Railroad Grade Separation Project within the
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1 Village of Franklin Park, Illinois;
2 (37) for a period of 3 years after July 14, 1995,
3 by the Village of Romeoville for the acquisition of
4 rights-of-way for the 135th Street Bridge Project, lying
5 within the South 1/2 of Section 34, Township 37 North,
6 Range 10 East and the South 1/2 of Section 35, Township
7 37 North, Range 10 East of the Third Principal Meridian,
8 and the North 1/2 of Section 2, Township 36 North, Range
9 10 East and the North 1/2 of Section 3, Township 36
10 North, Range 10 East of the 3rd Principal Meridian, in
11 Will County, Illinois;
12 (37.1) for a period of 3 years after June 23, 1995,
13 by the Illinois Department of Transportation for the
14 acquisition of rights-of-way for the 135th Street Bridge
15 Project between the Des Plaines River and New Avenue
16 lying within the South 1/2 of Section 35, Township 37
17 North, Range 10 East of the Third Principal Meridian and
18 the North 1/2 of Section 2, Township 36 North, Range 10
19 East of the 3rd Principal Meridian, in Will County,
20 Illinois;
21 (38) for a period beginning June 24, 1995 (the day
22 after the effective date of Public Act 89-29) and ending
23 18 months after July 14, 1995 (the effective date of
24 Public Act 89-134), by the Anna-Jonesboro Water
25 Commission for the acquisition of land and easements for
26 improvements to its water treatment and storage
27 facilities and water transmission pipes;
28 (39) for a period of 36 months after July 14, 1995,
29 by the City of Effingham for the acquisition of property
30 which is described as follows:
31 Tract 1:
32 Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
33 THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
34 thereof recorded in Book "K", Page 769, in the Recorder's
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1 Office of Effingham County), situated in the City of
2 Effingham, County of Effingham and State of Illinois.
3 Tract 2:
4 The alley lying South and adjoining Tract 1, as
5 vacated by Ordinance recorded on July 28, 1937 in Book
6 183, Page 465, and all right, title and interest in and
7 to said alley as established by the Contract for Easement
8 recorded on August 4, 1937 in Book 183, Page 472;
9 (40) for a period of one year after July 14, 1995,
10 by the Village of Palatine for the acquisition of
11 property located along the south side of Dundee Road
12 between Rand Road and Hicks Road for redevelopment
13 purposes;
14 (41) for a period of 6 years after July 1, 1995,
15 for the acquisition by the Medical Center District of
16 property described in Section 3 of the Illinois Medical
17 District Act within the District Development Area as
18 described in Section 4 of that Act for the purposes set
19 forth in that Act;
20 (41.5) for a period of 24 months after June 21,
21 1996 by the City of Effingham, Illinois for acquisition
22 of property for the South Raney Street Improvement
23 Project Phase I;
24 (42) for a period of 3 years after June 21, 1996,
25 by the Village of Deerfield for the acquisition of
26 territory within the Deerfield Village Center, as
27 designated as of that date by the Deerfield Comprehensive
28 Plan, with the exception of that area north of Jewett
29 Park Drive (extended) between Waukegan Road and the
30 Milwaukee Railroad Tracks, for redevelopment purposes;
31 (43) for a period of 12 months after June 21, 1996,
32 by the City of Harvard for the acquisition of property
33 lying west of Harvard Hills Road of sufficient size to
34 widen the Harvard Hills Road right of way and to install
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1 and maintain city utility services not more than 200 feet
2 west of the center line of Harvard Hills Road;
3 (44) for a period of 5 years after June 21, 1996,
4 by the Village of River Forest, Illinois, within the area
5 designated as a tax increment financing district when the
6 purpose of the condemnation proceeding is to acquire land
7 for any of the purposes contained in the River Forest Tax
8 Increment Financing Plan or authorized by the Tax
9 Increment Allocation Redevelopment Act, provided that
10 condemnation of any property zoned and used exclusively
11 for residential purposes shall be prohibited;
12 (45) for a period of 18 months after June 28, 1996,
13 by the Village of Schaumburg for the acquisition of land,
14 easements, and aviation easements for the purpose of a
15 public airport in Cook and DuPage Counties; provided that
16 if any proceedings under the provisions of this Article
17 are pending on that date, "quick-take" may be utilized by
18 the Village of Schaumburg;
19 (46) for a period of one year after June 28, 1996,
20 by the City of Pinckneyville for the acquisition of land
21 and easements to provide for improvements to its water
22 treatment and storage facilities and water transmission
23 pipes, and for the construction of a sewerage treatment
24 facility and sewerage transmission pipes to serve the
25 Illinois Department of Corrections Pinckneyville
26 Correctional Facility;
27 (47) for a period of 6 months after June 28, 1996,
28 by the City of Streator for the acquisition of property
29 described as follows for a first flush basin sanitary
30 sewer system:
31 Tract 5: That part of lots 20 and 21 in Block
32 6 in Moore and Plumb's addition to the city of
33 Streator, Illinois, lying south of the right of way
34 of the switch track of the Norfolk and Western
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1 Railroad (now abandoned) in the county of LaSalle,
2 state of Illinois.
3 Tract 6: That part of lots 30, 31 and 32 in
4 Block 7 in Moore and Plumb's Addition to the city of
5 Streator, Illinois, lying north of the centerline of
6 Coal Run Creek and south of the right of way of the
7 switch track of the Norfolk and Western Railroad
8 (now abandoned) in the county of LaSalle, state of
9 Illinois;
10 (48) for a period of 36 months after January 16,
11 1997 the effective date of this amendatory Act of 1996,
12 by the Bi-State Development Agency of the
13 Missouri-Illinois Metropolitan District for the
14 acquisition of rights of way and related property
15 necessary for the construction and operation of the
16 MetroLink Light Rail System, beginning in East St. Louis,
17 Illinois, and terminating at Mid America Airport, St.
18 Clair County, Illinois;
19 (49) for a period of 2 years after January 16, 1997
20 the effective date of this amendatory Act of 1996, by the
21 Village of Schaumburg for the acquisition of
22 rights-of-way, permanent easements, and temporary
23 easements for the purpose of improving the Roselle
24 Road/Illinois Route 58/Illinois Route 72 corridor,
25 including rights-of-way along Roselle Road, Remington
26 Road, Valley Lake Drive, State Parkway, Commerce Drive,
27 Kristin Circle, and Hillcrest Boulevard, a permanent
28 easement along Roselle Road, and temporary easements
29 along Roselle Road, State Parkway, Valley Lake Drive,
30 Commerce Drive, Kristin Circle, and Hillcrest Boulevard,
31 in Cook County.
32 (48) by the Department of Transportation for
33 purposes of acquiring private property as specified in
34 the Meigs Field Airport Act.
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1 In a proceeding subject to this Section, the plaintiff,
2 at any time after the complaint has been filed and before
3 judgment is entered in the proceeding, may file a written
4 motion requesting that, immediately or at some specified
5 later date, the plaintiff either be vested with the fee
6 simple title (or such lesser estate, interest or easement, as
7 may be required) to the real property, or specified portion
8 thereof, which is the subject of the proceeding, and be
9 authorized to take possession of and use such property; or
10 only be authorized to take possession of and to use such
11 property, if such possession and use, without the vesting of
12 title, are sufficient to permit the plaintiff to proceed with
13 the project until the final ascertainment of compensation;
14 however, no land or interests therein now or hereafter owned,
15 leased, controlled or operated and used by, or necessary for
16 the actual operation of, any common carrier engaged in
17 interstate commerce, or any other public utility subject to
18 the jurisdiction of the Illinois Commerce Commission, shall
19 be taken or appropriated hereunder by the State of Illinois,
20 the Illinois Toll Highway Authority, the sanitary district,
21 the St. Louis Metropolitan Area Airport Authority or the
22 Board of Trustees of the University of Illinois without first
23 securing the approval of such Commission.
24 Except as hereinafter stated, the motion for taking shall
25 state: (1) an accurate description of the property to which
26 the motion relates and the estate or interest sought to be
27 acquired therein; (2) the formally adopted schedule or plan
28 of operation for the execution of the plaintiff's project;
29 (3) the situation of the property to which the motion
30 relates, with respect to the schedule or plan; (4) the
31 necessity for taking such property in the manner requested in
32 the motion; and (5) if the property (except property
33 described in Section 3 of the Sports Stadium Act, or property
34 described as Site B in Section 2 of the Metropolitan Pier and
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1 Exposition Authority Act, or property that is taken as
2 provided in the Meigs Field Airport Act) to be taken is
3 owned, leased, controlled or operated and used by, or
4 necessary for the actual operation of, any interstate common
5 carrier or other public utility subject to the jurisdiction
6 of the Illinois Commerce Commission, a statement to the
7 effect that the approval of such proposed taking has been
8 secured from such Commission, and attaching to such motion a
9 certified copy of the order of such Commission granting such
10 approval. If the schedule or plan of operation is not set
11 forth fully in the motion, a copy of such schedule or plan
12 shall be attached to the motion.
13 (Source: P.A. 88-486; 88-526; 88-670, eff. 12-2-94; 89-29,
14 eff. 6-23-95; 89-134, eff. 7-14-95; 89-343, eff. 8-17-95;
15 89-356, eff. 8-17-95; 89-445, eff. 2-7-96; 89-460, eff.
16 5-24-96; 89-494, eff. 6-21-96; 89-502, eff. 6-28-96; 89-504,
17 eff. 6-28-96; 89-592, eff. 8-1-96; 89-626, eff. 8-9-96;
18 89-683, eff. 6-1-97; 89-699, eff. 1-16-97; revised 1-28-97.)
19 (30 ILCS 805/8.21 rep.)
20 Section 4.5. The State Mandates Act is amended by
21 repealing Section 8.21 as added by Public Act 89-683."; and
22 below the end of Section 5, by inserting the following:
23 "(620 ILCS 60/Act rep.)
24 Section 10. The Meigs Field Airport Act, enacted as
25 Public Act 89-683 (Senate Bill 1186, enrolled, of the 89th
26 General Assembly), is repealed.
27 Section 95. No acceleration or delay. Where this Act
28 makes changes in a statute that is represented in this Act by
29 text that is not yet or no longer in effect (for example, a
30 Section represented by multiple versions), the use of that
31 text does not accelerate or delay the taking effect of (i)
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1 the changes made by this Act or (ii) provisions derived from
2 any other Public Act.".