100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5564

 

Introduced , by Rep. Anna Moeller

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 30/10-5-5  was 735 ILCS 5/7-101

    Amends the Eminent Domain Act. Provides that, with specified exceptions, if either party in the condemnation action demands a trial by jury, the condemning authority shall not be granted title or possession and the owner shall not be restrained from denying access to the property until the jury ascertains compensation.


LRB100 18208 HEP 33410 b

 

 

A BILL FOR

 

HB5564LRB100 18208 HEP 33410 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Eminent Domain Act is amended by changing
5Section 10-5-5 as follows:
 
6    (735 ILCS 30/10-5-5)  (was 735 ILCS 5/7-101)
7    Sec. 10-5-5. Compensation; jury.
8    (a) Private property shall not be taken or damaged for
9public use without just compensation and, in all cases in which
10compensation is not made by the condemning authority,
11compensation shall be ascertained by a jury, as provided in
12this Act. When compensation is so made by the condemning
13authority, any party, upon application, may have a trial by
14jury to ascertain the just compensation to be paid. A demand on
15the part of the condemning authority for a trial by jury shall
16be filed with the complaint for condemnation of the condemning
17authority. When the condemning authority is plaintiff, a
18defendant desirous of a trial by jury must file a demand for a
19trial by jury on or before the return date of the summons
20served on him or her or on or before the date fixed in the
21publication in case of defendants served by publication. If no
22party in the condemnation action demands a trial by jury, as
23provided for by this Section, then the trial shall be before

 

 

HB5564- 2 -LRB100 18208 HEP 33410 b

1the court without a jury. Except as provided in Article 20 or
225 of this Act, if either party in the condemnation action
3demands a trial by jury under this Section, the condemning
4authority shall not be granted title or possession and the
5owner shall not be restrained from denying access to the
6property until the jury ascertains compensation.
7    (b) The right to just compensation, as provided in this
8Act, applies to the owner or owners of any lawfully erected
9off-premises outdoor advertising sign that is compelled to be
10altered or removed under this Act or any other statute, or
11under any ordinance or regulation of any municipality or other
12unit of local government, and also applies to the owner or
13owners of the property on which that sign is erected. The right
14to just compensation, as provided in this Act, applies to
15property subject to a conservation right under the Real
16Property Conservation Rights Act. The amount of compensation
17for the taking of the property shall not be diminished or
18reduced by virtue of the existence of the conservation right.
19The holder of the conservation right shall be entitled to just
20compensation for the value of the conservation right.
21(Source: P.A. 94-1055, eff. 1-1-07.)