94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1905

 

Introduced 2/14/2005, by Rep. Michael J. Madigan - Barbara Flynn Currie - Daniel J. Burke

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/7-103   from Ch. 110, par. 7-103

    Amends the Code of Civil Procedure. Makes a technical change in a Section concerning "quick-take" eminent domain powers.


LRB094 02897 LCB 32898 b

 

 

A BILL FOR

 

HB1905 LRB094 02897 LCB 32898 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 7-103 as follows:
 
6     (735 ILCS 5/7-103)  (from Ch. 110, par. 7-103)
7     Sec. 7-103. "Quick-take".
8     (a) This Section applies only to proceedings under this
9 Article that that are authorized in the Sections following this
10 Section and preceding Section 7-104.
11     (b) In a proceeding subject to this Section, the plaintiff,
12 at any time after the complaint has been filed and before
13 judgment is entered in the proceeding, may file a written
14 motion requesting that, immediately or at some specified later
15 date, the plaintiff either be vested with the fee simple title
16 (or such lesser estate, interest or easement, as may be
17 required) to the real property, or specified portion thereof,
18 which is the subject of the proceeding, and be authorized to
19 take possession of and use such property; or only be authorized
20 to take possession of and to use such property, if such
21 possession and use, without the vesting of title, are
22 sufficient to permit the plaintiff to proceed with the project
23 until the final ascertainment of compensation; however, no land
24 or interests therein now or hereafter owned, leased, controlled
25 or operated and used by, or necessary for the actual operation
26 of, any common carrier engaged in interstate commerce, or any
27 other public utility subject to the jurisdiction of the
28 Illinois Commerce Commission, shall be taken or appropriated
29 hereunder by the State of Illinois, the Illinois Toll Highway
30 Authority, the sanitary district, the St. Louis Metropolitan
31 Area Airport Authority or the Board of Trustees of the
32 University of Illinois without first securing the approval of

 

 

HB1905 - 2 - LRB094 02897 LCB 32898 b

1 such Commission.
2     Except as hereinafter stated, the motion for taking shall
3 state: (1) an accurate description of the property to which the
4 motion relates and the estate or interest sought to be acquired
5 therein; (2) the formally adopted schedule or plan of operation
6 for the execution of the plaintiff's project; (3) the situation
7 of the property to which the motion relates, with respect to
8 the schedule or plan; (4) the necessity for taking such
9 property in the manner requested in the motion; and (5) if the
10 property (except property described in Section 3 of the Sports
11 Stadium Act, or property described as Site B in Section 2 of
12 the Metropolitan Pier and Exposition Authority Act) to be taken
13 is owned, leased, controlled or operated and used by, or
14 necessary for the actual operation of, any interstate common
15 carrier or other public utility subject to the jurisdiction of
16 the Illinois Commerce Commission, a statement to the effect
17 that the approval of such proposed taking has been secured from
18 such Commission, and attaching to such motion a certified copy
19 of the order of such Commission granting such approval. If the
20 schedule or plan of operation is not set forth fully in the
21 motion, a copy of such schedule or plan shall be attached to
22 the motion.
23 (Source: P.A. 91-357, eff. 7-29-99; 91-367, eff. 7-30-99;
24 92-16, eff. 6-28-01.)