State of Illinois
91st General Assembly
Legislation

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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.)

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