101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1681

 

Introduced 2/15/2019, by Sen. Chapin Rose

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 30/20-5-5  was 735 ILCS 5/7-103

    Amends the Eminent Domain Act. Makes a technical change in a Section concerning quick-take procedures.


LRB101 08676 SLF 53760 b

 

 

A BILL FOR

 

SB1681LRB101 08676 SLF 53760 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 20-5-5 as follows:
 
6    (735 ILCS 30/20-5-5)  (was 735 ILCS 5/7-103)
7    Sec. 20-5-5. Quick-take.
8    (a) This Section applies only to to proceedings under this
9Article that are authorized in this Article and in Article 25
10of this Act.
11    (b) In a proceeding subject to this Section, the plaintiff,
12at any time after the complaint has been filed and before
13judgment is entered in the proceeding, may file a written
14motion requesting that, immediately or at some specified later
15date, the plaintiff either: (i) be vested with the fee simple
16title (or such lesser estate, interest, or easement, as may be
17required) to the real property, or a specified portion of that
18property, which is the subject of the proceeding, and be
19authorized to take possession of and use the property; or (ii)
20only be authorized to take possession of and to use the
21property, if possession and use, without the vesting of title,
22are sufficient to permit the plaintiff to proceed with the
23project until the final ascertainment of compensation. No land

 

 

SB1681- 2 -LRB101 08676 SLF 53760 b

1or interests in land now or hereafter owned, leased,
2controlled, or operated and used by, or necessary for the
3actual operation of, any common carrier engaged in interstate
4commerce, or any other public utility subject to the
5jurisdiction of the Illinois Commerce Commission, shall be
6taken or appropriated under this Section by the State of
7Illinois, the Illinois Toll Highway Authority, the sanitary
8district, the St. Louis Metropolitan Area Airport Authority, or
9the Board of Trustees of the University of Illinois without
10first securing the approval of the Illinois Commerce
11Commission.
12    Except as otherwise provided in this Article, the motion
13for taking shall state: (1) an accurate description of the
14property to which the motion relates and the estate or interest
15sought to be acquired in that property; (2) the formally
16adopted schedule or plan of operation for the execution of the
17plaintiff's project; (3) the situation of the property to which
18the motion relates, with respect to the schedule or plan; (4)
19the necessity for taking the property in the manner requested
20in the motion; and (5) if the property (except property
21described in Section 3 of the Sports Stadium Act or property
22described as Site B in Section 2 of the Metropolitan Pier and
23Exposition Authority Act) to be taken is owned, leased,
24controlled, or operated and used by, or necessary for the
25actual operation of, any interstate common carrier or other
26public utility subject to the jurisdiction of the Illinois

 

 

SB1681- 3 -LRB101 08676 SLF 53760 b

1Commerce Commission, a statement to the effect that the
2approval of the proposed taking has been secured from the
3Commission, and attaching to the motion a certified copy of the
4order of the Illinois Commerce Commission granting approval. If
5the schedule or plan of operation is not set forth fully in the
6motion, a copy of the schedule or plan shall be attached to the
7motion.
8(Source: P.A. 94-1055, eff. 1-1-07.)