State of Illinois
91st General Assembly
Legislation

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91_SB0026ham001

 










                                           LRB9101069WHdvam01

 1                     AMENDMENT TO SENATE BILL 26

 2        AMENDMENT NO.     .  Amend Senate Bill  26  by  replacing
 3    the title with the following:
 4        "AN  ACT to amend the Code of Civil Procedure by changing
 5    Section 7-101."; and

 6    by replacing everything after the enacting  clause  with  the
 7    following:

 8        "Section  5.   The  Code of Civil Procedure is amended by
 9    changing Section 7-101 as follows:

10        (735 ILCS 5/7-101) (from Ch. 110, par. 7-101)
11        Sec. 7-101.  Compensation - Jury.
12        (a)  Private property shall not be taken or  damaged  for
13    public  use  without  just  compensation, and in all cases in
14    which compensation is not made by the state in its  corporate
15    capacity,  or  a  political  subdivision  of  the  state,  or
16    municipality  in  its  respective  corporate  capacity,  such
17    compensation  shall  be ascertained by a jury, as hereinafter
18    prescribed. Where compensation is so made  by  the  state,  a
19    political  subdivision  of  the  state,  or municipality, any
20    party upon application may have a trial by jury to  ascertain
21    the  just compensation to be paid. Such demand on the part of
 
                            -2-            LRB9101069WHdvam01
 1    the  state,  a  political  subdivision  of  the   state,   or
 2    municipality,   shall   be   filed  with  the  complaint  for
 3    condemnation of the state, a  political  subdivision  of  the
 4    state,   or   municipality.  Where  the  state,  a  political
 5    subdivision of the state, or  municipality  is  plaintiff,  a
 6    defendant  desirous  of  a  trial  by jury must file a demand
 7    therefor on or before the return date of the  summons  served
 8    on  him  or  her  or  fixed  in  the  publication  in case of
 9    defendants served by publication. In the event  no  party  in
10    the  condemnation  action demands a trial by jury as provided
11    for by this Section, then the trial shall be before the court
12    without a jury. The right to just compensation as provided in
13    this Article applies to the owner or owners of  any  lawfully
14    erected   off-premises   outdoor  advertising  sign  that  is
15    compelled to be altered or removed under this Article or  any
16    other  statute,  or  under any ordinance or regulation of any
17    municipality or other unit  of  local  government,  and  also
18    applies  to the owner or owners of the property on which that
19    sign is erected.
20        (b)  In counties with an executive form of government  or
21    with  a  population  of  less  than  180,000,  except for the
22    counties of Tazewell, DeKalb, and Kendall, an  owner-occupied
23    residence  that qualifies as homestead property under Section
24    15-175 of the Property Tax Code  or  a  farm  as  defined  in
25    Section  1-60  of  the Property Tax Code may not be taken for
26    recreational purposes by a forest  preserve  district  except
27    with  the  consent  of  the  owner.  The  restriction in this
28    subsection (b) does not apply to takings  of  property  by  a
29    public  utility  authorized  by  a  grant of authority issued
30    under Article VIII of the Public Utilities Act.
31    (Source: P.A. 87-1205.)".

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