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90_SB1104
735 ILCS 5/7-103 from Ch. 110, par. 7-103
Amends the Code of Civil Procedure. Provides the City of
Prospect Heights with quick-take eminent domain power with
respect to specified property for a period of 2 years from
the effective date of this amendatory Act. Effective
immediately.
LRB9003517WHcc
LRB9003517WHcc
1 AN ACT to amend the Code of Civil Procedure by changing
2 Section 7-103.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Civil Procedure is amended by
6 changing Section 7-103 as follows:
7 (735 ILCS 5/7-103) (from Ch. 110, par. 7-103)
8 (Text of Section before amendment by P.A. 89-683)
9 Sec. 7-103. "Quick-take". This Section applies only to
10 proceedings under this Article:
11 (1) by the State of Illinois, the Illinois Toll
12 Highway Authority or the St. Louis Metropolitan Area
13 Airport Authority for the acquisition of land or
14 interests therein for highway purposes;
15 (2) (blank);
16 (3) by the Department of Commerce and Community
17 Affairs for the purpose specified in the Illinois Coal
18 Development Bond Act;
19 (4) (blank);
20 (5) for the purpose specified in the St. Louis
21 Metropolitan Area Airport Authority Act;
22 (6) for a period of 24 months after May 24, 1996,
23 by the Southwestern Illinois Development Authority
24 pursuant to the Southwestern Illinois Development
25 Authority Act;
26 (7) for a period of 3 years after December 30,
27 1987, by the Quad Cities Regional Economic Development
28 Authority (except for the acquisition of land or
29 interests therein that is farmland, or upon which is
30 situated a farm dwelling and appurtenant structures, or
31 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 (51) for a period of 2 years after the effective
33 date of this amendatory Act of 1997, by the City of
34 Prospect Heights for the acquisition of property bounded
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1 on the north by Palatine Road, on the west by Wolf Road,
2 on the south by Old Willow Road, and on the east by
3 Milwaukee Avenue for redevelopment purposes (except for
4 any parcel of land or interest therein which is used
5 exclusively for residential purposes).
6 In a proceeding subject to this Section, the plaintiff,
7 at any time after the complaint has been filed and before
8 judgment is entered in the proceeding, may file a written
9 motion requesting that, immediately or at some specified
10 later date, the plaintiff either be vested with the fee
11 simple title (or such lesser estate, interest or easement, as
12 may be required) to the real property, or specified portion
13 thereof, which is the subject of the proceeding, and be
14 authorized to take possession of and use such property; or
15 only be authorized to take possession of and to use such
16 property, if such possession and use, without the vesting of
17 title, are sufficient to permit the plaintiff to proceed with
18 the project until the final ascertainment of compensation;
19 however, no land or interests therein now or hereafter owned,
20 leased, controlled or operated and used by, or necessary for
21 the actual operation of, any common carrier engaged in
22 interstate commerce, or any other public utility subject to
23 the jurisdiction of the Illinois Commerce Commission, shall
24 be taken or appropriated hereunder by the State of Illinois,
25 the Illinois Toll Highway Authority, the sanitary district,
26 the St. Louis Metropolitan Area Airport Authority or the
27 Board of Trustees of the University of Illinois without first
28 securing the approval of such Commission.
29 Except as hereinafter stated, the motion for taking shall
30 state: (1) an accurate description of the property to which
31 the motion relates and the estate or interest sought to be
32 acquired therein; (2) the formally adopted schedule or plan
33 of operation for the execution of the plaintiff's project;
34 (3) the situation of the property to which the motion
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1 relates, with respect to the schedule or plan; (4) the
2 necessity for taking such property in the manner requested in
3 the motion; and (5) if the property (except property
4 described in Section 3 of the Sports Stadium Act or property
5 described as Site B in Section 2 of the Metropolitan Pier and
6 Exposition Authority Act) to be taken is owned, leased,
7 controlled or operated and used by, or necessary for the
8 actual operation of, any interstate common carrier or other
9 public utility subject to the jurisdiction of the Illinois
10 Commerce Commission, a statement to the effect that the
11 approval of such proposed taking has been secured from such
12 Commission, and attaching to such motion a certified copy of
13 the order of such Commission granting such approval. If the
14 schedule or plan of operation is not set forth fully in the
15 motion, a copy of such schedule or plan shall be attached to
16 the motion.
17 (Source: P.A. 88-486; 88-526; 88-670, eff. 12-2-94; 89-29,
18 eff. 6-23-95; 89-134, eff. 7-14-95; 89-343, eff. 8-17-95;
19 89-356, eff. 8-17-95; 89-445, eff. 2-7-96; 89-460, eff.
20 5-24-96; 89-494, eff. 6-21-96; 89-502, eff. 6-28-96; 89-504,
21 eff. 6-28-96; 89-592, eff. 8-1-96; 89-626, eff. 8-9-96;
22 89-699, eff. 1-16-97.)
23 (Text of Section after amendment by P.A. 89-683)
24 Sec. 7-103. "Quick-take". This Section applies only to
25 proceedings under this Article:
26 (1) by the State of Illinois, the Illinois Toll
27 Highway Authority or the St. Louis Metropolitan Area
28 Airport Authority for the acquisition of land or
29 interests therein for highway purposes;
30 (2) (blank);
31 (3) by the Department of Commerce and Community
32 Affairs for the purpose specified in the Illinois Coal
33 Development Bond Act;
34 (4) (blank);
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1 (5) for the purpose specified in the St. Louis
2 Metropolitan Area Airport Authority Act;
3 (6) for a period of 24 months after May 24, 1996,
4 by the Southwestern Illinois Development Authority
5 pursuant to the Southwestern Illinois Development
6 Authority Act;
7 (7) for a period of 3 years after December 30,
8 1987, by the Quad Cities Regional Economic Development
9 Authority (except for the acquisition of land or
10 interests therein that is farmland, or upon which is
11 situated a farm dwelling and appurtenant structures, or
12 upon which is situated a residence, or which is wholly
13 within an area that is zoned for residential use)
14 pursuant to the Quad Cities Regional Economic Development
15 Authority Act;
16 (8) by a sanitary district created under the
17 Metropolitan Water Reclamation District Act for the
18 acquisition of land or interests therein for purposes
19 specified in that Act;
20 (9) by a rail carrier within the time limitations
21 and subject to the terms and conditions set forth in
22 Section 18c-7501 of the Illinois Vehicle Code;
23 (10) for a period of 18 months after January 26,
24 1987, for the purpose specified in Division 135 of
25 Article 11 of the Illinois Municipal Code, by a
26 commission created under Section 2 of the Water
27 Commission Act of 1985;
28 (11) by a village containing a population of less
29 than 15,000 for the purpose of acquiring property to be
30 used for a refuse derived fuel system designed to
31 generate steam and electricity, and for industrial
32 development that will utilize such steam and electricity,
33 pursuant to Section 11-19-10 of the Illinois Municipal
34 Code;
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1 (12) after receiving the prior approval of the City
2 Council, by a municipality having a population of more
3 than 500,000 for the purposes set forth in Section
4 11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
5 Illinois Municipal Code, and for the same purposes when
6 established pursuant to home rule powers;
7 (13) by a home rule municipality, after a public
8 hearing held by the corporate authorities or by a
9 committee of the corporate authorities and after approval
10 by a majority of the corporate authorities, within an
11 area designated as an enterprise zone by the municipality
12 under the Illinois Enterprise Zone Act;
13 (14) by the Illinois Sports Facilities Authority
14 for the purpose specified in Section 12 of the Illinois
15 Sports Facilities Authority Act;
16 (15) by a municipality having a population of more
17 than 2,000,000 for the purpose of acquiring the property
18 described in Section 3 of the Sports Stadium Act;
19 (16) for a period of 18 months after July 29, 1986,
20 in any proceeding by the Board of Trustees of the
21 University of Illinois for the acquisition of land in
22 Champaign County or interests therein as a site for a
23 building or for any educational purpose;
24 (17) for a period of 2 years after July 1, 1990, by
25 a home rule municipality and a county board, upon
26 approval of a majority of the corporate authorities of
27 both the county board and the municipality, within an
28 area designated as an enterprise zone by the municipality
29 and the county board through an intergovernmental
30 agreement under the Illinois Enterprise Zone Act, when
31 the purpose of the condemnation proceeding is to acquire
32 land for the construction of an industrial harbor port,
33 and when the total amount of land to be acquired for that
34 purpose is less than 75 acres and is adjacent to the
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1 Illinois River;
2 (18) by an airport authority located solely within
3 the boundaries of Madison County, Illinois, and which is
4 organized pursuant to the provisions of the Airport
5 Authorities Act, (i) for the acquisition of 160 acres, or
6 less, of land or interests therein for the purposes
7 specified in that Act which may be necessary to extend,
8 mark, and light runway 11/29 for a distance of 1600 feet
9 in length by 100 feet in width with parallel taxiway, to
10 relocate and mark County Highway 19, Madison County,
11 known as Moreland Road, to relocate the instrument
12 landing system including the approach lighting system and
13 to construct associated drainage, fencing and seeding
14 required for the foregoing project and (ii) for a period
15 of 6 months after December 28, 1989, for the acquisition
16 of 75 acres, or less, of land or interests therein for
17 the purposes specified in that Act which may be necessary
18 to extend, mark and light the south end of runway 17/35
19 at such airport;
20 (19) by any unit of local government for a
21 permanent easement for the purpose of maintaining,
22 dredging or cleaning the Little Calumet River;
23 (20) by any unit of local government for a
24 permanent easement for the purpose of maintaining,
25 dredging or cleaning the Salt Creek in DuPage County;
26 (21) by St. Clair County, Illinois, for the
27 development of a joint use facility at Scott Air Force
28 Base;
29 (22) by the Village of Summit, Illinois, to acquire
30 land for a waste to energy plant;
31 (23) for a period of 15 months after September 7,
32 1990, by the Department of Transportation or by any unit
33 of local government under the terms of an
34 intergovernmental cooperation agreement between the
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1 Department of Transportation and the unit of local
2 government for the purpose of developing aviation
3 facilities in and around Chanute Air Force Base in
4 Champaign County, Illinois;
5 (24) for a period of 1 year after December 12,
6 1990, by the City of Morris for the development of the
7 Morris Municipal Airport;
8 (25) for a period of 1 year after June 19, 1991, by
9 the Greater Rockford Airport Authority for airport
10 expansion purposes;
11 (26) for a period of 24 months after June 30, 1991,
12 by the City of Aurora for completion of an instrument
13 landing system and construction of an east-west runway at
14 the Aurora Municipal Airport;
15 (27) for the acquisition by the Metropolitan Pier
16 and Exposition Authority of property described in
17 subsection (f) of Section 5 of the Metropolitan Pier and
18 Exposition Authority Act for the purposes of providing
19 additional grounds, buildings, and facilities related to
20 the purposes of the Metropolitan Pier and Exposition
21 Authority;
22 (28) for a period of 24 months after March 1, 1992,
23 by the Village of Wheeling and the City of Prospect
24 Heights, owners of the Palwaukee Municipal Airport, to
25 allow for the acquisition of right of way to complete the
26 realignment of Hintz Road and Wolf Road;
27 (29) for a period of one year from the effective
28 date of this amendatory Act of 1992, by the
29 Bloomington-Normal Airport Authority for airport
30 expansion purposes;
31 (30) for a period of 24 months after September 10,
32 1993, by the Cook County Highway Department and Lake
33 County Department of Transportation to allow for the
34 acquisition of necessary right-of-way for construction of
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1 underpasses for Lake-Cook Road at the Chicago
2 Northwestern Railroad crossing, west of Skokie Boulevard,
3 and the Chicago, Milwaukee, St. Paul and Pacific Railroad
4 crossing, west of Waukegan Road;
5 (31) for a period of one year after December 23,
6 1993, by the City of Arcola and the City of Tuscola for
7 the development of the Arcola/Tuscola Water Transmission
8 Pipeline Project pursuant to the intergovernmental
9 agreement between the City of Arcola and the City of
10 Tuscola;
11 (32) for a period of 24 months from December 23,
12 1993, by the Village of Bensenville for the acquisition
13 of property bounded by Illinois Route 83 to the west and
14 O'Hare International Airport to the east to complete a
15 flood control project known as the Bensenville Ditch;
16 (33) for a period of 9 months after November 1,
17 1993, by the Medical Center Commission for the purpose of
18 acquiring a site for the Illinois State Police Forensic
19 Science Laboratory at Chicago, on the block bounded by
20 Roosevelt Road on the north, Wolcott Street on the east,
21 Washburn Street on the south, and Damen Avenue on the
22 west in Chicago, Illinois;
23 (34) for a period of 36 months after July 14, 1995,
24 by White County for the acquisition of a 3 1/2 mile
25 section of Bellaire Road, which is described as follows:
26 Commencing at the Northwest Corner of the Southeast 1/4
27 of Section 28, Township 6 South, Range 10 East of the 3rd
28 Principal Meridian; thence South to a point at the
29 Southwest Corner of the Southeast 1/4 of Section 9,
30 Township 7 South, Range 10 East of the 3rd Principal
31 Meridian;
32 (35) for a period of one year after July 14, 1995,
33 by the City of Aurora for permanent and temporary
34 easements except over land adjacent to Indian Creek and
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1 west of Selmarten Creek located within the City of Aurora
2 for the construction of Phase II of the Indian Creek
3 Flood Control Project;
4 (35.1) for a period beginning June 24, 1995 (the
5 day following the effective date of Public Act 89-29) and
6 ending on July 13, 1995 (the day preceding the effective
7 date of Public Act 89-134), by the City of Aurora for
8 permanent and temporary easements for the construction of
9 Phase II of the Indian Creek Flood Control Project;
10 (36) for a period of 3 years from July 14, 1995, by
11 the Grand Avenue Railroad Relocation Authority for the
12 Grand Avenue Railroad Grade Separation Project within the
13 Village of Franklin Park, Illinois;
14 (37) for a period of 3 years after July 14, 1995,
15 by the Village of Romeoville for the acquisition of
16 rights-of-way for the 135th Street Bridge Project, lying
17 within the South 1/2 of Section 34, Township 37 North,
18 Range 10 East and the South 1/2 of Section 35, Township
19 37 North, Range 10 East of the Third Principal Meridian,
20 and the North 1/2 of Section 2, Township 36 North, Range
21 10 East and the North 1/2 of Section 3, Township 36
22 North, Range 10 East of the 3rd Principal Meridian, in
23 Will County, Illinois;
24 (37.1) for a period of 3 years after June 23, 1995,
25 by the Illinois Department of Transportation for the
26 acquisition of rights-of-way for the 135th Street Bridge
27 Project between the Des Plaines River and New Avenue
28 lying within the South 1/2 of Section 35, Township 37
29 North, Range 10 East of the Third Principal Meridian and
30 the North 1/2 of Section 2, Township 36 North, Range 10
31 East of the 3rd Principal Meridian, in Will County,
32 Illinois;
33 (38) for a period beginning June 24, 1995 (the day
34 after the effective date of Public Act 89-29) and ending
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1 18 months after July 14, 1995 (the effective date of
2 Public Act 89-134), by the Anna-Jonesboro Water
3 Commission for the acquisition of land and easements for
4 improvements to its water treatment and storage
5 facilities and water transmission pipes;
6 (39) for a period of 36 months after July 14, 1995,
7 by the City of Effingham for the acquisition of property
8 which is described as follows:
9 Tract 1:
10 Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
11 THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
12 thereof recorded in Book "K", Page 769, in the Recorder's
13 Office of Effingham County), situated in the City of
14 Effingham, County of Effingham and State of Illinois.
15 Tract 2:
16 The alley lying South and adjoining Tract 1, as
17 vacated by Ordinance recorded on July 28, 1937 in Book
18 183, Page 465, and all right, title and interest in and
19 to said alley as established by the Contract for Easement
20 recorded on August 4, 1937 in Book 183, Page 472;
21 (40) for a period of one year after July 14, 1995,
22 by the Village of Palatine for the acquisition of
23 property located along the south side of Dundee Road
24 between Rand Road and Hicks Road for redevelopment
25 purposes;
26 (41) for a period of 6 years after July 1, 1995,
27 for the acquisition by the Medical Center District of
28 property described in Section 3 of the Illinois Medical
29 District Act within the District Development Area as
30 described in Section 4 of that Act for the purposes set
31 forth in that Act;
32 (41.5) for a period of 24 months after June 21,
33 1996 by the City of Effingham, Illinois for acquisition
34 of property for the South Raney Street Improvement
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1 Project Phase I;
2 (42) for a period of 3 years after June 21, 1996,
3 by the Village of Deerfield for the acquisition of
4 territory within the Deerfield Village Center, as
5 designated as of that date by the Deerfield Comprehensive
6 Plan, with the exception of that area north of Jewett
7 Park Drive (extended) between Waukegan Road and the
8 Milwaukee Railroad Tracks, for redevelopment purposes;
9 (43) for a period of 12 months after June 21, 1996,
10 by the City of Harvard for the acquisition of property
11 lying west of Harvard Hills Road of sufficient size to
12 widen the Harvard Hills Road right of way and to install
13 and maintain city utility services not more than 200 feet
14 west of the center line of Harvard Hills Road;
15 (44) for a period of 5 years after June 21, 1996,
16 by the Village of River Forest, Illinois, within the area
17 designated as a tax increment financing district when the
18 purpose of the condemnation proceeding is to acquire land
19 for any of the purposes contained in the River Forest Tax
20 Increment Financing Plan or authorized by the Tax
21 Increment Allocation Redevelopment Act, provided that
22 condemnation of any property zoned and used exclusively
23 for residential purposes shall be prohibited;
24 (45) for a period of 18 months after June 28, 1996,
25 by the Village of Schaumburg for the acquisition of land,
26 easements, and aviation easements for the purpose of a
27 public airport in Cook and DuPage Counties; provided that
28 if any proceedings under the provisions of this Article
29 are pending on that date, "quick-take" may be utilized by
30 the Village of Schaumburg;
31 (46) for a period of one year after June 28, 1996,
32 by the City of Pinckneyville for the acquisition of land
33 and easements to provide for improvements to its water
34 treatment and storage facilities and water transmission
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1 pipes, and for the construction of a sewerage treatment
2 facility and sewerage transmission pipes to serve the
3 Illinois Department of Corrections Pinckneyville
4 Correctional Facility;
5 (47) for a period of 6 months after June 28, 1996,
6 by the City of Streator for the acquisition of property
7 described as follows for a first flush basin sanitary
8 sewer system:
9 Tract 5: That part of lots 20 and 21 in Block
10 6 in Moore and Plumb's addition to the city of
11 Streator, Illinois, lying south of the right of way
12 of the switch track of the Norfolk and Western
13 Railroad (now abandoned) in the county of LaSalle,
14 state of Illinois.
15 Tract 6: That part of lots 30, 31 and 32 in
16 Block 7 in Moore and Plumb's Addition to the city of
17 Streator, Illinois, lying north of the centerline of
18 Coal Run Creek and south of the right of way of the
19 switch track of the Norfolk and Western Railroad
20 (now abandoned) in the county of LaSalle, state of
21 Illinois;
22 (48) for a period of 36 months after January 16,
23 1997 the effective date of this amendatory Act of 1996,
24 by the Bi-State Development Agency of the
25 Missouri-Illinois Metropolitan District for the
26 acquisition of rights of way and related property
27 necessary for the construction and operation of the
28 MetroLink Light Rail System, beginning in East St. Louis,
29 Illinois, and terminating at Mid America Airport, St.
30 Clair County, Illinois;
31 (49) for a period of 2 years after January 16, 1997
32 the effective date of this amendatory Act of 1996, by the
33 Village of Schaumburg for the acquisition of
34 rights-of-way, permanent easements, and temporary
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1 easements for the purpose of improving the Roselle
2 Road/Illinois Route 58/Illinois Route 72 corridor,
3 including rights-of-way along Roselle Road, Remington
4 Road, Valley Lake Drive, State Parkway, Commerce Drive,
5 Kristin Circle, and Hillcrest Boulevard, a permanent
6 easement along Roselle Road, and temporary easements
7 along Roselle Road, State Parkway, Valley Lake Drive,
8 Commerce Drive, Kristin Circle, and Hillcrest Boulevard,
9 in Cook County;.
10 (50) (49) by the Department of Transportation for
11 purposes of acquiring private property as specified in
12 the Meigs Field Airport Act;.
13 (51) for a period of 2 years after the effective
14 date of this amendatory Act of 1997, by the City of
15 Prospect Heights for the acquisition of property bounded
16 on the north by Palatine Road, on the west by Wolf Road,
17 on the south by Old Willow Road, and on the east by
18 Milwaukee Avenue for redevelopment purposes (except for
19 any parcel of land or interest therein which is used
20 exclusively for residential purposes).
21 In a proceeding subject to this Section, the plaintiff,
22 at any time after the complaint has been filed and before
23 judgment is entered in the proceeding, may file a written
24 motion requesting that, immediately or at some specified
25 later date, the plaintiff either be vested with the fee
26 simple title (or such lesser estate, interest or easement, as
27 may be required) to the real property, or specified portion
28 thereof, which is the subject of the proceeding, and be
29 authorized to take possession of and use such property; or
30 only be authorized to take possession of and to use such
31 property, if such possession and use, without the vesting of
32 title, are sufficient to permit the plaintiff to proceed with
33 the project until the final ascertainment of compensation;
34 however, no land or interests therein now or hereafter owned,
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1 leased, controlled or operated and used by, or necessary for
2 the actual operation of, any common carrier engaged in
3 interstate commerce, or any other public utility subject to
4 the jurisdiction of the Illinois Commerce Commission, shall
5 be taken or appropriated hereunder by the State of Illinois,
6 the Illinois Toll Highway Authority, the sanitary district,
7 the St. Louis Metropolitan Area Airport Authority or the
8 Board of Trustees of the University of Illinois without first
9 securing the approval of such Commission.
10 Except as hereinafter stated, the motion for taking shall
11 state: (1) an accurate description of the property to which
12 the motion relates and the estate or interest sought to be
13 acquired therein; (2) the formally adopted schedule or plan
14 of operation for the execution of the plaintiff's project;
15 (3) the situation of the property to which the motion
16 relates, with respect to the schedule or plan; (4) the
17 necessity for taking such property in the manner requested in
18 the motion; and (5) if the property (except property
19 described in Section 3 of the Sports Stadium Act, or property
20 described as Site B in Section 2 of the Metropolitan Pier and
21 Exposition Authority Act, or property that is taken as
22 provided in the Meigs Field Airport Act) to be taken is
23 owned, leased, controlled or operated and used by, or
24 necessary for the actual operation of, any interstate common
25 carrier or other public utility subject to the jurisdiction
26 of the Illinois Commerce Commission, a statement to the
27 effect that the approval of such proposed taking has been
28 secured from such Commission, and attaching to such motion a
29 certified copy of the order of such Commission granting such
30 approval. If the schedule or plan of operation is not set
31 forth fully in the motion, a copy of such schedule or plan
32 shall be attached to the motion.
33 (Source: P.A. 88-486; 88-526; 88-670, eff. 12-2-94; 89-29,
34 eff. 6-23-95; 89-134, eff. 7-14-95; 89-343, eff. 8-17-95;
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1 89-356, eff. 8-17-95; 89-445, eff. 2-7-96; 89-460, eff.
2 5-24-96; 89-494, eff. 6-21-96; 89-502, eff. 6-28-96; 89-504,
3 eff. 6-28-96; 89-592, eff. 8-1-96; 89-626, eff. 8-9-96;
4 89-683, eff. 6-1-97; 89-699, eff. 1-16-97; revised 1-28-97.)
5 Section 95. No acceleration or delay. Where this Act
6 makes changes in a statute that is represented in this Act by
7 text that is not yet or no longer in effect (for example, a
8 Section represented by multiple versions), the use of that
9 text does not accelerate or delay the taking effect of (i)
10 the changes made by this Act or (ii) provisions derived from
11 any other Public Act.
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.