State of Illinois
91st General Assembly
Legislation

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91_SB0026sam002

 










                                           LRB9100705SMdvam02

 1                     AMENDMENT TO SENATE BILL 26

 2        AMENDMENT NO.     .  Amend Senate Bill 26, AS AMENDED, by
 3    replacing the title with the following:
 4        "AN ACT regarding property, which may be referred  to  as
 5    the Property Owners Protection Amendments of 1999."; and

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

 8        "Section 5.  The Downstate Forest Preserve  District  Act
 9    is amended by changing Section 6 as follows:

10        (70 ILCS 805/6) (from Ch. 96 1/2, par. 6309)
11        Sec.  6.  Any  such  District shall have power to acquire
12    lands and grounds for the aforesaid purposes by lease, or  in
13    fee  simple by gift, grant, legacy, purchase or condemnation,
14    or to acquire easements in land, and to construct,  lay  out,
15    improve  and  maintain wells, power plants, comfort stations,
16    shelter houses, paths, driveways, public roads, roadways  and
17    other  improvements and facilities in and through such forest
18    preserves as they shall deem necessary or desirable  for  the
19    use  of  such forest preserves by the public and may acquire,
20    develop, improve and maintain waterways in  conjunction  with
21    the district. No district with a population less than 600,000
 
                            -2-            LRB9100705SMdvam02
 1      shall have the power to purchase, condemn, lease or acquire
 2    an easement in property within  a  municipality  without  the
 3    concurrence of the governing body of the municipality, except
 4    where  such  district  is acquiring land for a linear park or
 5    trail not to exceed 100 yards in width or is  acquiring  land
 6    contiguous  to  that  District  an  existing  park  or forest
 7    preserve,  and no municipality shall annex any land  for  the
 8    purpose of defeating a District acquisition once the District
 9    has  given  notice of intent to acquire a specified parcel of
10    land.  No district with a population  of  less  than  500,000
11    shall  (i)  have  the  power to condemn property for a linear
12    park or trail within a municipality without  the  concurrence
13    of  the  governing  body of the municipality or (ii) have the
14    power to condemn property for a linear park or  trail  in  an
15    unincorporated  area without the concurrence of the governing
16    body of the township within which the property is located  or
17    (iii)  once  having commenced a proceeding to acquire land by
18    condemnation, dismiss or abandon that proceeding without  the
19    consent of the property owners. No district shall establish a
20    trail  surface  within  50 feet of an occupied dwelling which
21    was in existence prior to the approval of the acquisition  by
22    the  district  without  obtaining permission of the owners of
23    the premises or the concurrence of the governing body of  the
24    municipality   or  township  within  which  the  property  is
25    located.   All acquisitions of land  by  a  district  with  a
26    population  less  than  600,000  within  1  1/2  miles  of  a
27    municipality shall be preceded by a conference with the mayor
28    or president of the municipality or his designated agent.  If
29    a forest preserve district is in negotiations for acquisition
30    of  land  with owners of land adjacent to a municipality, the
31    annexation of that land shall be deferred for 6  months.  The
32    district  shall  have no power to acquire an interest in real
33    estate situated outside the district by the exercise  of  the
34    right  of  eminent domain, by purchase or by lease, but shall
 
                            -3-            LRB9100705SMdvam02
 1    have the power to acquire any such property, or  an  easement
 2    in  any such property, which is contiguous to the district by
 3    gift, legacy, or grant, subject to  approval  of  the  county
 4    board  of  the county, and of any forest preserve district or
 5    conservation district, within which the property is located.
 6    The district shall have the same control of  and  power  over
 7    land, an interest in which it has so acquired, as over forest
 8    preserves  within  the  district.  If  any  of  the powers to
 9    acquire lands and hold or improve the same  given  to  Forest
10    Preserve Districts, by Sections 5 and 6 of this Act should be
11    held  invalid,  such  invalidity  shall  not  invalidate  the
12    remainder of this Act or any of the other powers herein given
13    and conferred upon the Forest Preserve Districts. Such Forest
14    Preserve  Districts  shall  also  have  power to lease not to
15    exceed 40 acres of the lands and grounds acquired by it,  for
16    a  term  of not more than 99 years to veterans' organizations
17    as grounds for convalescing sick and disabled  veterans,  and
18    as  a  place upon which to construct rehabilitation quarters,
19    or to a county as  grounds  for  a  county  nursing  home  or
20    convalescent  home.  Any  such Forest Preserve District shall
21    also  have   power   to   grant   licenses,   easements   and
22    rights-of-way for the construction, operation and maintenance
23    upon,  under  or  across  any  property  of  such District of
24    facilities for water, sewage, telephone, telegraph, electric,
25    gas or other  public  service,  subject  to  such  terms  and
26    conditions as may be determined by such District.
27        Any such District may purchase, but not condemn, a parcel
28    of  land  and  sell  a portion thereof for not less than fair
29    market value pursuant  to  resolution  of  the  Board.   Such
30    resolution  shall  be  passed  by  the affirmative vote of at
31    least 2/3 of all members of the board within  30  days  after
32    acquisition by the district of such parcel.
33        Whenever  the  board  of  any  forest  preserve  district
34    determines  that  the  public  interest  will be subserved by
 
                            -4-            LRB9100705SMdvam02
 1    vacating any street, roadway, or driveway, or  part  thereof,
 2    located  within a forest preserve, it may vacate that street,
 3    roadway, or driveway, or part thereof, by an ordinance passed
 4    by the affirmative vote of at least 3/4 of all the members of
 5    the board. This vote shall be taken  by  ayes  and  nays  and
 6    entered in the records of the board.
 7        The determination of the board that the nature and extent
 8    of  the public use or public interest to be subserved is such
 9    as to  warrant  the  vacation  of  any  street,  roadway,  or
10    driveway,  or part thereof, is conclusive, and the passage of
11    such  an   ordinance   is   sufficient   evidence   of   that
12    determination,  whether  so  recited in the ordinance or not.
13    The  relief  to  the   public   from   further   burden   and
14    responsibility   of   maintaining   any  street,  roadway  or
15    driveway, or part thereof, constitutes a public use or public
16    interest authorizing the vacation.
17        Nothing contained in this Section shall be  construed  to
18    authorize the board of any forest preserve district to vacate
19    any  street,  roadway,  or driveway, or part thereof, that is
20    part of any State or county highway.
21        When property is damaged by the vacation  or  closing  of
22    any  street,  roadway,  or  driveway, or part thereof, damage
23    shall be ascertained and paid as provided by law.
24        Except in cases  where  the  deed,  or  other  instrument
25    dedicating  a  street, roadway, or driveway, or part thereof,
26    has expressly provided for a specific devolution of the title
27    thereto upon the abandonment or vacation thereof, and  except
28    where  such  street, roadway or driveway, or part thereof, is
29    held by the district by lease, or where the district holds an
30    easement in the land included within the street,  roadway  or
31    driveway,  whenever any street, roadway, or driveway, or part
32    thereof is vacated under or by virtue of any ordinance of any
33    forest preserve district, the title to the land in fee simple
34    included within the street, roadway,  or  driveway,  or  part
 
                            -5-            LRB9100705SMdvam02
 1    thereof, so vacated vests in the forest preserve district.
 2        The  board  of any forest preserve district is authorized
 3    to sell at fair market price, gravel,  sand,  earth  and  any
 4    other  material  obtained  from the lands and waters owned by
 5    the district.
 6        For  the  purposes  of  this  Section,  "acquiring  land"
 7    includes acquiring a fee simple, lease or easement in land.
 8    (Source: P.A. 86-267; 86-1387; 87-847.)

 9        Section 10.  The Code of Civil Procedure  is  amended  by
10    changing  Sections  7-101,  7-109,  7-110,  and 7-121, and by
11    adding Sections 7-101.1, 7-111.1, 7-119.1, 7-130,  and  7-131
12    as follows:

13        (735 ILCS 5/7-101) (from Ch. 110, par. 7-101)
14        Sec. 7-101.  Compensation - Jury.  Private property shall
15    not   be  taken  or  damaged  for  public  use  without  just
16    compensation, and in all cases in which compensation  is  not
17    made  by  the state in its corporate capacity, or a political
18    subdivision of the state, or municipality in  its  respective
19    corporate capacity, such compensation shall be ascertained by
20    a  jury,  as hereinafter prescribed. Where compensation is so
21    made by the state, a political subdivision of the  state,  or
22    municipality,  any party upon application may have a trial by
23    jury to ascertain the just  compensation  to  be  paid.  Such
24    demand  on  the part of the state, a political subdivision of
25    the state, or municipality, shall be filed with the complaint
26    for condemnation of the state, a political subdivision of the
27    state,  or  municipality.  Where  the  state,   a   political
28    subdivision  of  the  state,  or municipality is plaintiff, a
29    defendant desirous of a trial by  jury  must  file  a  demand
30    therefor  on  or before the return date of the summons served
31    on him or  her  or  fixed  in  the  publication  in  case  of
32    defendants  served  by  publication. In the event no party in
 
                            -6-            LRB9100705SMdvam02
 1    the condemnation action demands a trial by jury  as  provided
 2    for by this Section, then the trial shall be before the court
 3    without a jury. The right to just compensation as provided in
 4    this  Article  applies to the owner or owners of any lawfully
 5    erected  off-premises  outdoor  advertising  sign   that   is
 6    compelled  to be altered or removed under this Article or any
 7    other statute, or under any ordinance or  regulation  of  any
 8    municipality  or  other  unit  of  local government, and also
 9    applies to the owner or owners of the property on which  that
10    sign is erected.
11        An  owner-occupied  residence and and the curtilage shall
12    not be taken if the purpose for  the  taking  is  related  to
13    recreation.
14        If  the State, a political subdivision of the State, or a
15    municipality is the plaintiff  in  a  proceeding  under  this
16    Article  and  the  court authorizes the plaintiff to exercise
17    eminent domain, as part of  the  just  compensation  for  the
18    defendant  the  court  shall  assess the costs, expenses, and
19    reasonable  attorney  fees  of  the  defendant  against   the
20    plaintiff,  upon  application  by the defendant, as the court
21    determines after a hearing.
22    (Source: P.A. 87-1205.)

23        (735 ILCS 5/7-101.1 new)
24        Sec. 7-101.1.  Notice; time limits.
25        (a)  Before making any public  announcement  regarding  a
26    taking,  a condemning authority shall notify the landowner of
27    the  subject  property  of  its  intentions  to  acquire  the
28    property and its actions in furtherance of those intentions.
29        (b)  Except as otherwise provided by  law,  a  condemning
30    authority  shall  file  a complaint for condemnation within a
31    reasonable  time  after  notifying  the  landowner   of   its
32    intention to acquire the subject property.
 
                            -7-            LRB9100705SMdvam02
 1        (735 ILCS 5/7-109) (from Ch. 110, par. 7-109)
 2        Sec.  7-109.  Refund of excess of deposit.  If the amount
 3    withdrawn from deposit by  any  interested  party  under  the
 4    provision  of  Section  7-106  of this Act exceeds the amount
 5    finally adjudged to be just compensation (or damages,  costs,
 6    expenses,  and  attorney  fees)  due to such party, the court
 7    shall order such party to refund such excess to the clerk  of
 8    the court, and if refund is not made within a reasonable time
 9    fixed  by  the court, shall enter judgment for such excess in
10    favor of the plaintiff and against such party.
11        If  a  landowner  who  did  not  contest  the  amount  of
12    preliminary compensation deposited by the plaintiff withdraws
13    that preliminary compensation under  Section  7-106  and  the
14    final  amount  of  just compensation is determined to be less
15    than  the  preliminary  compensation  withdrawn  causing  the
16    landowner to  owe  a  refund,  the  landowner  shall  not  be
17    required to pay interest on the refund amount owed.
18    (Source: P.A. 82-280.)

19        (735 ILCS 5/7-110) (from Ch. 110, par. 7-110)
20        Sec.  7-110.  Dismissal - Abandonment.  At any time after
21    the complaint for  condemnation  has  been  filed  After  the
22    plaintiff  has  taken  possession of the property pursuant to
23    the order of taking, the plaintiff shall  have  no  right  to
24    dismiss  the  complaint,  or to abandon the proceeding, as to
25    all or any part of the property so  taken,  except  upon  the
26    consent  of  all  parties  to  the proceeding whose interests
27    would be affected by such dismissal or abandonment.
28    (Source: P.A. 83-707.)

29        (735 ILCS 5/7-111.1 new)
30        Sec. 7-111.1.  Late payment by condemning authority after
31    agreed judgment.  When an agreed judgment is entered  by  the
32    court regarding a complaint for condemnation filed under this
 
                            -8-            LRB9100705SMdvam02
 1    Article  and  the  condemning  authority fails to deposit the
 2    final compensation within the time provided in the order, the
 3    condemning authority shall be liable for the costs, expenses,
 4    and reasonable attorney fees incurred  by  the  landowner  in
 5    obtaining deposit of the agreed judgment amount.

 6        (735 ILCS 5/7-119.1 new)
 7        Sec.  7-119.1.  Illustrated proposal required for taking.
 8    The court shall not enter  an  order  of  taking  under  this
 9    Article  unless  the  plaintiff  has  provided an illustrated
10    proposal of the plaintiff's planned use for  the  land  being
11    taken.

12        (735 ILCS 5/7-121) (from Ch. 110, par. 7-121)
13        Sec. 7-121.  Value.
14        (a)  Except  as  to  property  designated as possessing a
15    special use, the fair cash market  value  of  property  in  a
16    proceeding  in  eminent  domain  shall be the amount of money
17    which a purchaser, willing  but  not  obligated  to  buy  the
18    property,  would  pay  to an owner willing but not obliged to
19    sell in a voluntary sale, which  amount  of  money  shall  be
20    determined  and  ascertained  as  of  the  date of filing the
21    complaint to condemn.  In the condemnation of property for  a
22    public  improvement  there shall be excluded from such amount
23    of money any appreciation in value proximately caused by such
24    improvement, and any depreciation in value proximately caused
25    by  such   improvement.   However,   such   appreciation   or
26    depreciation   shall   not  be  excluded  where  property  is
27    condemned for a separate project conceived  independently  of
28    and subsequent to the original project.
29        (b)  Sales  of  comparable  property  that were initiated
30    prior to filing the complaint and were  completed  after  the
31    complaint  for  condemnation of the subject property has been
32    filed under this Article are admissible as  evidence  in  the
 
                            -9-            LRB9100705SMdvam02
 1    condemnation  proceeding  on  the  same  terms  as  sales  of
 2    comparable   property  completed  before  the  complaint  for
 3    condemnation is filed.
 4        (c)  In addition to sales of  comparable  property,  bona
 5    fide  offers  to  purchase  the  subject property or adjacent
 6    properties, including options to purchase, are admissible  as
 7    evidence in a condemnation proceeding.
 8        (d)  Land  previously dedicated for highway purposes, but
 9    not under the highway itself, shall be valued  as  any  other
10    land  impressed  with  an  easement and shall not have merely
11    nominal value.
12    (Source: P.A. 82-280.)

13        (735 ILCS 5/7-130 new)
14        Sec. 7-130.  No collusion between condemning  authorities
15    and  other  governmental  entities.   A  condemning authority
16    shall not act in concert with any other  governmental  entity
17    to  rezone  or  obtain  variances  regarding  a  property the
18    condemning authority seeks to condemn to  minimize  the  fair
19    market value of the property sought to be taken.

20        (735 ILCS 5/7-131 new)
21        Sec.  7-131.   Condemning  authority's  ability to resell
22    property to private party limited.   A  condemning  authority
23    which  has  acquired  property  either  by verdict under this
24    Article or voluntarily from a property owner after  notifying
25    the  owner  of its intention to exercise its power of eminent
26    domain shall not resell that  property  to  a  private  party
27    unless  the  property  owner  holding  title before the order
28    which transferred  title  is  allowed  first  opportunity  to
29    repurchase  the  property on the same terms as the condemning
30    authority acquired the property.

31        Section 99.  Effective date.  This Act takes effect  upon
 
                            -10-           LRB9100705SMdvam02
 1    becoming law.".

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