(220 ILCS 5/8-509)
(from Ch. 111 2/3, par. 8-509)
When necessary for the construction of any alterations,
additions, extensions or improvements ordered or authorized under Section 8-406.1,
8-503, or 12-218 of this Act, any public utility may enter upon, take or
damage private property in the manner provided for by the law of eminent domain. If a public utility seeks relief under this Section in the same proceeding in which it seeks a certificate of public convenience and necessity under Section 8-406.1 of this Act, the Commission shall enter its order under this Section either as part of the Section 8-406.1 order or at the same time it enters the Section 8-406.1 order. If a public utility seeks relief under this Section after the Commission enters its order in the Section 8-406.1 proceeding, the Commission shall issue its order under this Section within 45 days after the utility files its petition under this Section.
This Section applies to the exercise of eminent domain powers by
telephone companies or telecommunications carriers only when the facilities
to be constructed are intended to be used in whole or in part for providing
one or more intrastate telecommunications services classified as
"noncompetitive" under Section 13-502 in a tariff filed by the condemnor.
The exercise of eminent domain powers by telephone companies or
telecommunications carriers in all other cases shall be governed solely by
"An Act relating to the powers, duties and property of telephone
companies", approved May 16, 1903, as now or hereafter amended.
(Source: P.A. 96-1348, eff. 7-28-10.)