98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1696

 

Introduced , by Rep. Tom Cross

 

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

    Amends the Eminent Domain Act. Makes a technical change in a Section concerning compensation for private property taken or damaged for public use.


LRB098 05742 HEP 35781 b

 

 

A BILL FOR

 

HB1696LRB098 05742 HEP 35781 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 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

 

 

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1the court without a jury.
2    (b) The right to just compensation, as provided in this
3Act, applies to the owner or owners of any lawfully erected
4off-premises outdoor advertising sign that is compelled to be
5altered or removed under this Act or any other statute, or
6under any ordinance or regulation of any municipality or other
7unit of local government, and also applies to the owner or
8owners of the property on which that sign is erected. The right
9to just compensation, as provided in this Act, applies to
10property subject to a conservation right under the Real
11Property Conservation Rights Act. The amount of compensation
12for the taking of the property shall not be diminished or
13reduced by virtue of the existence of the conservation right.
14The holder of the conservation right shall be entitled to just
15compensation for the value of the conservation right.
16(Source: P.A. 94-1055, eff. 1-1-07.)