91st General Assembly
Status of SB0026
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PETKA-O'MALLEY-GEO-KARIS.

(O'BRIEN)

   735 ILCS 5/7-122          from Ch. 110, par. 7-122                          

        Amends  the  Eminent  Domain  Article   of  the  Code  of   Civil      
   Procedure.   Makes   a   stylistic   change  in  provisions  regarding      
   reimbursement  by  the  State,  its  political  subdivisions,   or   a      
   municipality  for  a  property  owner's  expenses  in  a court-ordered      
   taking.                                                                     
        SENATE AMENDMENT NO. 1.                                                
          Deletes reference to:                                                
          735 ILCS 5/7-122                                                     
          Adds reference to:                                                   
          70 ILCS 805/6                   from Ch. 96 1/2, par. 6309           
          735 ILCS 5/7-101                from Ch. 110, par. 7-101             
          735 ILCS 5/7-101.1 new                                               
          735 ILCS 5/7-101.2 new                                               
          735 ILCS 5/7-109                from Ch. 110, par. 7-109             
          735 ILCS 5/7-110                from Ch. 110, par. 7-110             
          735 ILCS 5/7-111.1 new                                               
          735 ILCS 5/7-111.2 new                                               
          735 ILCS 5/7-119.1 new                                               
          735 ILCS 5/7-121                from Ch. 110, par. 7-121             
          735 ILCS 5/7-123                from Ch. 110, par. 7-123             
          735 ILCS 5/7-130 new                                                 
          735 ILCS 5/7-131 new                                                 
          735 ILCS 5/7-132 new                                                 
        Deletes everything.  Amends the Eminent  Domain  Article  of  the      
   Code  of  Civil Procedure. Provides that part of the just compensation      
   paid to a landowner for a taking shall include expenses and reasonable      
   attorney fees. Makes other changes regarding the  evidence  admissible      
   to  place  a  value  on  the subject property, attorney fees and costs      
   assessed, the purpose for which land may be condemned, the application      
   of amendments to the Article, time limits within which a  condemnation      
   must  be  initiated  after  the  intent  to condemn is made known, the      
   freedom of a condemning authority to act with regard to the  condemned      
   property  and  other  governmental  entities, and interest on payments      
   owed.  Amends  the  Downstate  Forest  Preserve  District  Act.  In  a      
   provision regarding acquisition of land in a municipality by a  forest      
   preserve   district,  removes  language  limiting  the  scope  of  the      
   provision by population and changes the description of the  land  that      
   can  be  acquired  without  concurrence  of the municipality from land      
   contiguous to an existing park or forest preserve  to land  contiguous      
   to the district doing the acquiring. Effective January 1, 2000.             
        SENATE AMENDMENT NO. 2.                                                
          Deletes reference to:                                                
          735 ILCS 5/7-101.2 new                                               
          735 ILCS 5/7-111.2 new                                               
          735 ILCS 5/7-123                                                     
          735 ILCS 5/7-132 new                                                 
        Deletes everything.  Amends the Eminent  Domain  Article  of  the      
   Code  of  Civil Procedure. Provides that part of the just compensation      
   paid to a landowner for a taking shall include expenses and reasonable      
   attorney fees. Makes other changes regarding attorney fees  and  costs      
   assessed,  time  limits  within which a condemnation must be initiated      
   after the intent to condemn is made known, interest on payments  owed,      
   the  evidence admissible to place a value on the subject property, and      
   the freedom of a condemning  authority  to  act  with  regard  to  the      
   condemned   property  and  other  governmental  entities.  Amends  the      
   Downstate Forest Preserve  District  Act.  In  a  provision  regarding      
   acquisition  of  land in a municipality by a forest preserve district,      
   removes language limiting the scope of the provision by population and      
   changes the description of the  land  that  can  be  acquired  without      
   concurrence  of  the  municipality from land contiguous to an existing      
   park or forest preserve  to land contiguous to the district doing  the      
   acquiring. Effective immediately.                                           
        SENATE AMENDMENT NO. 3.                                                
        Deletes the title and everything after the enacting clause.            
   Amends the Downstate Forest Preserve District Act. Provides that a          
   forest preserve district with a population of at least 600,000, as          
   well as under 600,000, must have the concurrence of the governing           
   body of the municipality to purchase, condemn, lease, or acquire an         
   easement in property in that municipality. Provides that a district         
   with a population of at least 500,000, as well as less than 500,000,        
   may condemn property for a linear park or trail within a municipality       
   only with the concurrence of the governing body of the municipality or      
   in an unincorporated area with only the concurrence of the township         
   board or to dismiss or abandon a condemnation proceeding only with          
   the consent of the property owners. Provides that all acquisitions of       
   land by a forest preserve district (now only a district with a popu-        
   lation less than 600,000) within 1 1/2 miles of a municipality shall        
   be preceded by a conference with the mayor or president of the muni-        
   cipality or his designated agent. Amends the Code of Civil Procedure.       
   Provides that an owner-occupied residence that qualifies as homestead       
   property may not be taken for recreational purposes unless the con-         
   demning authority establishes by clear and convincing evidence that         
   the taking is for the public purpose or removing blighted areas for         
   redevelopment and is indispensable to the implementation of a long--        
   range comprehensive plan. Not applicable to takings by a public             
   utility. Makes other changes. Effective immediately.                        
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          70 ILCS 805/6                                                        
          735 ILCS 5/7-101.1 new                                               
          735 ILCS 5/7-109                                                     
          735 ILCS 5/7-110                                                     
          735 ILCS 5/7-111.1 new                                               
          735 ILCS 5/7-119.1 new                                               
          735 ILCS 5/7-121                                                     
          735 ILCS 5/7-130 new                                                 
          735 ILCS 5/7-131 new                                                 
        Deletes everything.  Amends the Eminent  Domain  Article  of  the      
   Code   of    Civil  Procedure.  Provides  that,  in  counties  with an      
   executive form of government or with a population of less than 180,000      
   (except for  the  counties  of  Tazewell,  DeKalb,  and  Kendall),  an      
   owner-occupied  residence  that  qualifies as homestead property under      
   the Property Tax Code or a farm as defined in the  Property  Tax  Code      
   may  not  be  taken  for  recreational  purposes  by a forest preserve      
   district except with the consent  of  the  owner.  Provides  that  the      
   restriction  does not apply to takings of property by a public utility      
   authorized by a grant of authority issued under Article  VIII  of  the      
   Public Utilities Act.                                                       
          STATE MANDATES NOTE, H-AM 1                                          
          (Department of Commerce and Community Affairs)                       
          Creates a due process mandate for which no reimbursement is          
          required.                                                            
          HOME RULE NOTE, H-AM 1                                               
          (Department of Commerce and Community Affairs)                       
          Does not preempt home rule authority.                                
          FISCAL NOTE, H-AM 1 (Department of Natural Resources)                
          There would be no fiscal impact.                                     
          FISCAL NOTE, H-AM 1,2 (Department of Natural Resources)              
          There would be no fiscal impact.                                     
          HOUSING AFFORDABILITY NOTE, H-AM 1 (Housing Development Auth.)       
          There will be no fiscal effect on the cost of constructing,          
          purchasing, owning, or selling a single-family residence.            
        HOUSE AMENDMENT NO. 2.                                                 
        Deletes the amendatory language in the bill, as amended.   Amends      
   the  Eminent Domain Article of the Code  of  Civil Procedure. Provides      
   that, in counties with an executive form of  government  or  a  forest      
   preserve  district  established  after July 1, 1999, an owner-occupied      
   residence that qualifies as homestead property under the Property  Tax      
   Code  or  a  farm as defined in the Property Tax Code may not be taken      
   for recreational purposes by a forest preserve  district  except  with      
   the consent of the owner. Provides that the restriction does not apply      
   if  the  owner  is  a  willing  seller nor to takings of property by a      
   public utility authorized by a grant of authority issued under Article      
   VIII of the Public Utilities Act.                                           
          STATE MANDATES NOTE, H-AM 2                                          
          (Department of Commerce and Community Affairs)                       
          Same as previous State mandate note.                                 
          HOME RULE NOTE, H-AM 2                                               
          (Department of Commerce and Community Affairs)                       
          Same as previous home rule note.                                     
          LAND CONVEYANCE NOTE, H-AM 2 (Department of Transportation)          
          This legislation contains no land conveyances for the State.         
   99-01-27  S  FIRST READING                                                  
   99-01-27  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   99-01-27  S       ASSIGNED TO COMMITTEE               JUDICIARY             
   99-02-03  S                                 POSTPONED                       
   99-02-03  S                             AMENDMENT NO. 01-JUDICIARY     S    
   99-02-03  S                                   ADOPTED                       
   99-02-16  S  ADDED AS A CHIEF CO-SPONSOR              O'MALLEY              
   99-02-17  S  ADDED AS A CHIEF CO-SPONSOR              GEO-KARIS             
   99-02-18  S                         HELD IN COMMITTEE                       
   99-02-25  S                         HELD IN COMMITTEE                       
   99-03-03  S                             AMENDMENT NO. 02-JUDICIARY     S    
   99-03-03  S                                   ADOPTED                       
   99-03-03  S       DO PASS AS AMENDED                  006-000-004   SJUD    
   99-03-03  S  PLACED ON CALENDAR ORDER OF 2ND READING  99-03-04              
   99-03-23  S  FILED WITH SECRETARY                                           
   99-03-23  S                             AMENDMENT NO. 03-PETKA              
   99-03-23  S                     AMENDMENT REFERRED TO SRUL                  
   99-03-23  S                             AMENDMENT NO. 03-PETKA              
   99-03-23  S                           RULES REFERS TO SJUD                  
   99-03-24  S                             AMENDMENT NO. 03-PETKA              
   99-03-24  S                                BE ADOPTED SJUD/008-001-001      
   99-03-24  S  SECOND READING                                                 
   99-03-24  S                             AMENDMENT NO. 03-PETKA              
   99-03-24  S                                   ADOPTED                       
   99-03-24  S  PLACED ON CALENDAR ORDER OF 3RD READING  99-03-25              
   99-03-25  S  THIRD READING - PASSED                   031-025-003           
   99-03-25  H  ARRIVE IN HOUSE                                                
   99-03-25  H  HOUSE SPONSOR                            HOLBROOK              
   99-03-25  H  FIRST READING                                                  
   99-03-25  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   99-04-14  H       ASSIGNED TO COMMITTEE               EXECUTIVE             
   99-04-27  H  ALTERNATE PRIMARY SPONSOR CHANGED TO     O'BRIEN               
   99-04-29  H                             AMENDMENT NO. 01-EXECUTIVE     H    
   99-04-29  H                                   ADOPTED                       
   99-04-29  H  DO PASS AS AMENDED/STANDARD DEBATE       008-005-000   HEXC    
   99-04-29  H  PLACED CAL 2ND READING-STANDARD DEBATE                         
   99-04-29  H  FISCAL NOTE REQUESTED AS AMENDED         POE                   
   99-04-29  H  STATE MNDT FISCAL NOTE RQSTD AS AMENDED  POE                   
   99-04-29  H  HOME RULE NOTE REQUESTED AS AMENDED      POE                   
   99-04-29  H  CALENDAR ORDER 2ND READING-STANDARD DBT                        
   99-05-05  H  STATE MNDT FISCAL NOTE FILED AS AMENDED  BY HOUSE AMEND #1     
   99-05-05  H  HOME RULE NOTE FILED AS AMENDED          BY HOUSE AMEND #1     
   99-05-05  H  CALENDAR ORDER 2ND READING-STANDARD DBT                        
   99-05-07  H                             AMENDMENT NO. 02-O'BRIEN            
   99-05-07  H                     AMENDMENT REFERRED TO HRUL                  
   99-05-07  H  CALENDAR ORDER 2ND READING-STANDARD DBT                        
   99-05-10  H  FISCAL NOTE FILED AS AMENDED             BY HOUSE AMEND #1     
   99-05-10  H  CALENDAR ORDER 2ND READING-STANDARD DBT                        
   99-05-11  H                             AMENDMENT NO. 02-O'BRIEN            
   99-05-11  H                           RULES REFERS TO HEXC                  
   99-05-11  H  CALENDAR ORDER 2ND READING-STANDARD DBT                        
   99-05-12  H  SECOND READING-STANDARD DEBATE                                 
   99-05-12  H  HELD CAL ORDER 2ND READING-STANDARD DBT                        
   99-05-14  H                             AMENDMENT NO. 02-O'BRIEN            
   99-05-14  H  RECOMMENDS BE ADOPTED                    HEXC/008-007-000      
   99-05-14  H  HELD CAL ORDER 2ND READING-STANDARD DBT                        
   99-05-14  H                                           3RD RDING DEADLINE    
   99-05-14  H                                           EXTENDED - 5/21/99    
   99-05-14  H  HELD CAL ORDER 2ND READING-STANDARD DBT                        
   99-05-18  H                             AMENDMENT NO. 02-O'BRIEN            
   99-05-18  H                                      LOST 050-065-002           
   99-05-18  H  HELD CAL ORDER 2ND READING-STANDARD DBT                        
   99-05-19  H  FISCAL NOTE FILED AS AMENDED             BY HA #1 & 2          
   99-05-19  H  MOTION FILED TO RECONSIDER VOTE          BY WHICH HOUSE        
   99-05-19  H                                           AMENDMENT 2 FAILED    
   99-05-19  H                                           -SCHOENBERG           
   99-05-19  H  HELD CAL ORDER 2ND READING-STANDARD DBT                        
   99-05-20  H  HOUS AFFORD IMPCT NOTE FLD AS AMENDED    HOUSE AMEND #1        
   99-05-20  H  HELD CAL ORDER 2ND READING-STANDARD DBT                        
   99-05-21  H                                           3RD RDING DEADLINE    
   99-05-21  H                                           EXTENDED - 5/31/99    
   99-05-21  H  HELD CAL ORDER 2ND READING-STANDARD DBT                        
   99-05-26  H  MOTION TO RECONSIDER VOTE - PREVAILS                           
   99-05-26  H                             AMENDMENT NO. 02-O'BRIEN            
   99-05-26  H                                   ADOPTED 061-053-001           
   99-05-26  H  STATE MNDT FISCAL NOTE RQSTD AS AMENDED  BY HA #2/HASSERT      
   99-05-26  H  HOME RULE NOTE REQUESTED AS AMENDED      BY HA #2/HASSERT      
   99-05-26  H  LAND CONV APPRAISAL REQUESTED AS AMENDED BY HA #2/HASSERT      
   99-05-26  H  STATE MNDT FISCAL NOTE FILED AS AMENDED  BY HOUSE AMEND #2     
   99-05-26  H  HOME RULE NOTE FILED AS AMENDED          BY HOUSE AMEND #2     
   99-05-26  H  LAND CONV APPRAISAL FILED AS AMENDED     BY HOUSE AMEND #2     
   99-05-27  H  PLCD CAL ORDER 3RD READING-STNDRD DEBATE                       
   99-05-27  H                                  VERIFIED                       
   99-05-27  H  THIRD READING/STANDARD DEBATE/PASS       061-053-001           
   99-05-27  S  SECRETARYS DESK - CONCURRENCE            01,02                 
   99-06-27  S  REFER TO RULES/PURSUANT SEN RULE 3-9 (B) RULES         SRUL    
   01-01-09  S  SESSION SINE DIE                                               

   END OF INQUIRY 



 Full Text  Bill Summary