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92_HB0471 LRB9203823DHmb 1 AN ACT concerning acquisition of real estate by 2 railroads. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Railroad Incorporation Act is amended by 6 changing Section 17 as follows: 7 (610 ILCS 5/17) (from Ch. 114, par. 18) 8 Sec. 17. (a) If any railroad
suchcorporation is shall be9 unable to agree with the owner for the purchase of any real 10 estate required for the purposes of its incorporation, or the11 transaction of its business, or forits depots, station 12 buildings, machine and repair shops, or for mainline right of 13 way, the or any other lawful purpose connected with or14 necessary to the building, operating or running of said road,15 suchcorporation may acquire suchtitle to that real estate 16 in the manner that may be now or hereafter provided for by 17 any law of eminent domain. Before commencing any such action, 18 the railroad corporation must obtain a certificate of public 19 convenience and necessity after a public hearing before the 20 Illinois Commerce Commission. 21 (b) The Commission, after a hearing, shall grant an 22 application for a certificate authorizing the exercise of 23 eminent domain by a railroad, in whole or in part, to the 24 extent that it finds that (i) the application was properly 25 filed, (ii) a public need for the service exists, and (iii) 26 the public convenience and necessity requires issuance of the 27 certificate. 28 (c) In its determination of public convenience and 29 necessity for a proposed railroad or railroad-related 30 facility, including any facility designed or intended to 31 transport goods and materials by rail or to facilitate -2- LRB9203823DHmb 1 transport, and any alternate locations for the proposed 2 railroad or facility, the Commission shall consider, but 3 shall not be limited to considering, the following: 4 (1) any evidence presented by the Illinois 5 Environmental Protection Agency regarding the 6 environmental impact of the proposed railroad or 7 facility; 8 (2) any evidence presented by the Illinois 9 Department of Transportation regarding the impact of the 10 proposed railroad or facility on regional and local 11 traffic, safety, road construction, road maintenance, or 12 other transportation; 13 (3) any evidence presented by the Department of 14 Natural Resources regarding the impact of the proposed 15 railroad or facility on any conservation areas, forest 16 preserves, wildlife preserves, wetlands, or any other 17 natural resource; 18 (4) any evidence of the effect of the railroad or 19 facility upon the economy, infrastructure, or public 20 safety presented by local governmental units that will be 21 affected by the proposed railroad or facility, including, 22 but not limited to, evidence presented by county planning 23 departments, cities, towns, zoning commissions, and 24 school districts; 25 (5) any evidence of the effect of the railroad or 26 facility upon property values presented by property 27 owners who will be affected by the proposed railroad or 28 facility; 29 (6) any evidence presented by the Department of 30 Commerce and Community Affairs regarding the current and 31 future economic effect of the proposed railroad or 32 facility, including, but not limited to, property values, 33 employment rates, residential development, and business 34 development; and -3- LRB9203823DHmb 1 (7) any evidence presented by any other State 2 agency that participates in the proceeding. 3 (d) In its written order, the Commission shall address 4 all of the evidence presented. If the order is contrary to 5 any of the evidence, the Commission shall state the reasons 6 for its determination with regard to that evidence. 7 (e) If any Section, subsection, portion, sentence, or 8 phrase of this amendatory Act of the 92nd General Assembly is 9 found to be unenforceable or otherwise invalid, its 10 invalidity shall not affect the enforcement or validity of 11 any remaining Sections, subsections, portions, sentences, or 12 phrases of this amendatory Act. 13 (Source: Laws 1871, p. 625.) 14 Section 10. The Illinois Vehicle Code is amended by 15 changing Section 18c-7501 as follows: 16 (625 ILCS 5/18c-7501) (from Ch. 95 1/2, par. 18c-7501) 17 Sec. 18c-7501. Eminent Domain. If any rail carrier is 18 shall beunable to agree with the owner for the purchase of 19 any real estate required for the purposes of its20 incorporation, or the transaction of its business, or forits 21 depots, station buildings, machine and repair shops, or for 22 mainline right of way, the rail carrier or any other lawful23 purpose connected with or necessary to the building,24 operating or running of such rail carrier, suchmay acquire 25 suchtitle to that real estate in the manner that may be now 26 or hereafter provided for by the law of eminent domain. 27 Before commencing any such action, the rail carrier must 28 obtain a certificate of public convenience and necessity 29 after a public hearing before the Illinois Commerce 30 Commission. 31 A rail carrier may exercise quick take powers of eminent32 domain as provided in Article VII of the Code of Civil-4- LRB9203823DHmb 1 Procedure, as now or hereafter amended, when all of the2 following conditions are met: (1) the complaint for3 condemnation is filed within one year of the effective date4 of this amendatory Act of 1988; (2) the purpose of the5 condemnation proceeding is to acquire land for the6 construction of an industrial harbor railroad port; and (3)7 the total amount of land to be acquired for that purpose is8 less than 75 acres and is adjacent to the Illinois River.9 (Source: P.A. 85-1159.) 10 Section 99. Effective date. This Act takes effect upon 11 becoming law.
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