HB5740 97TH GENERAL ASSEMBLY

LRB097 17520 AJO 62724 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5740

Introduced 2/16/2012, by Rep. Brandon W. Phelps

SYNOPSIS AS INTRODUCED:

735 ILCS 30/25-5-45 new

Amends the Eminent Domain Act. Provides that quick-take proceedings may be used by any entity afforded quick-take powers for the purpose of acquiring land or interests in land as a joint project in association with an electric, gas, or water public utility to expand or improve its distribution system. Provides that property taken under these provisions does not require a certificate of public convenience and necessity issued by the Illinois Commerce Commission. Provides that before the initiation of proceedings, a verified statement of agreement to a joint purpose project must be executed by any affected utilities.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Eminent Domain Act is amended by adding Section 25-5-45 as follows:

(735 ILCS 30/25-5-45 new)

Sec. 25-5-45. Quick-take; joint utility improvements. Quick-take proceedings under Article 20 may be used by any entity afforded quick-take powers pursuant to this Act for the purpose of acquiring land or interests therein as a joint project in association with an electric, gas, or water public utility to expand or improve its distribution system. Property taken pursuant to this Section shall not require a certificate of public convenience and necessity issued by the Illinois Commerce Commission. Prior to the initiation of proceedings under Article 20, a verified statement of agreement to a joint purpose project must be executed by any affected utility.