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91_HB3808
LRB9112390WHcs
1 AN ACT to amend the Code of Civil Procedure by changing
2 Section 7-101.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Civil Procedure is amended by
6 changing Section 7-101 as follows:
7 (735 ILCS 5/7-101) (from Ch. 110, par. 7-101)
8 Sec. 7-101. Compensation - Jury. Private property shall
9 not be taken or damaged for public use without just
10 compensation, and in all cases in which compensation is not
11 made by the state in its corporate capacity, or a political
12 subdivision of the state, or municipality in its respective
13 corporate capacity, the such compensation shall be
14 ascertained by a jury, as hereinafter prescribed. Where
15 compensation is so made by the state, a political subdivision
16 of the state, or municipality, any party upon application may
17 have a trial by jury to ascertain the just compensation to be
18 paid. The Such demand on the part of the state, a political
19 subdivision of the state, or municipality, shall be filed
20 with the complaint for condemnation of the state, a political
21 subdivision of the state, or municipality. Where the state, a
22 political subdivision of the state, or municipality is
23 plaintiff, a defendant desirous of a trial by jury must file
24 a demand therefor on or before the return date of the summons
25 served on him or her or fixed in the publication in case of
26 defendants served by publication. In the event no party in
27 the condemnation action demands a trial by jury as provided
28 for by this Section, then the trial shall be before the court
29 without a jury. The right to just compensation as provided in
30 this Article applies to the owner or owners of any lawfully
31 erected off-premises outdoor advertising sign that is
-2- LRB9112390WHcs
1 compelled to be altered or removed under this Article or any
2 other statute, or under any ordinance or regulation of any
3 municipality or other unit of local government, and also
4 applies to the owner or owners of the property on which that
5 sign is erected. The right to just compensation as provided
6 in this Article applies to property subject to a conservation
7 right under the Real Property Conservation Rights Act. The
8 amount of compensation for the taking of the property shall
9 not be diminished or reduced by virtue of the existence of
10 the conservation right. The holder of the conservation right
11 shall be entitled to just compensation for the value of the
12 conservation right.
13 (Source: P.A. 91-497, eff. 1-1-00.)