94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0869

 

Introduced 2/2/2005, by Rep. Angelo Saviano

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/7-101   from Ch. 110, par. 7-101

    Amends the Code of Civil Procedure. Makes a technical change in a Section concerning compensation for the taking of private property for public use.


LRB094 05912 LCB 35966 b

 

 

A BILL FOR

 

HB0869 LRB094 05912 LCB 35966 b

1     AN ACT concerning civil law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Code of Civil Procedure is amended by
5 changing Section 7-101 as follows:
 
6     (735 ILCS 5/7-101)  (from Ch. 110, par. 7-101)
7     Sec. 7-101. Compensation - Jury. Private property shall not
8 be taken or damaged for for public use without just
9 compensation, and in all cases in which compensation is not
10 made by the state in its corporate capacity, or a political
11 subdivision of the state, or municipality in its respective
12 corporate capacity, such compensation shall be ascertained by a
13 jury, as hereinafter prescribed. Where compensation is so made
14 by the state, a political subdivision of the state, or
15 municipality, any party upon application may have a trial by
16 jury to ascertain the just compensation to be paid. Such demand
17 on the part of the state, a political subdivision of the state,
18 or municipality, shall be filed with the complaint for
19 condemnation of the state, a political subdivision of the
20 state, or municipality. Where the state, a political
21 subdivision of the state, or municipality is plaintiff, a
22 defendant desirous of a trial by jury must file a demand
23 therefor on or before the return date of the summons served on
24 him or her or fixed in the publication in case of defendants
25 served by publication. In the event no party in the
26 condemnation action demands a trial by jury as provided for by
27 this Section, then the trial shall be before the court without
28 a jury. The right to just compensation as provided in this
29 Article applies to the owner or owners of any lawfully erected
30 off-premises outdoor advertising sign that is compelled to be
31 altered or removed under this Article or any other statute, or
32 under any ordinance or regulation of any municipality or other

 

 

HB0869 - 2 - LRB094 05912 LCB 35966 b

1 unit of local government, and also applies to the owner or
2 owners of the property on which that sign is erected. The right
3 to just compensation as provided in this Article applies to
4 property subject to a conservation right under the Real
5 Property Conservation Rights Act. The amount of compensation
6 for the taking of the property shall not be diminished or
7 reduced by virtue of the existence of the conservation right.
8 The holder of the conservation right shall be entitled to just
9 compensation for the value of the conservation right.
10 (Source: P.A. 91-497, eff. 1-1-00.)