94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2948


 
Introduced 1/20/2006, by Sen. Dale E. Risinger
 
SYNOPSIS AS INTRODUCED:
 		













735 ILCS 5/7-103
  from Ch. 110, par. 7-103








    Amends the Code of Civil Procedure. Makes a technical change in a Section
concerning "quick-take" eminent domain powers.
















LRB094 19162 AJO 54694 b

















 


 


A BILL FOR









 











SB2948

LRB094 19162 AJO 54694 b






1
    AN ACT concerning civil law.

 
2
    Be it enacted by the People of the State of Illinois, 
3
represented in the General Assembly: 


 
4
    Section 5. The Code of Civil Procedure is amended by 
5
changing Section 7-103 as follows:
 



6
    (735 ILCS 5/7-103)  (from Ch. 110, par. 7-103)



7
    Sec. 7-103. "Quick-take". 

8
    (a) This Section applies only to proceedings under this 
9
Article that
that are
authorized in the Sections following this 
10
Section and preceding Section 7-104.
11
    (b) In a proceeding subject to this Section,
the plaintiff, 
12
at any time after the complaint has been filed and before

13
judgment is entered in the proceeding, may file a written 
14
motion requesting
that, immediately or at some specified later 
15
date, the plaintiff either be
vested with the fee simple title 
16
(or such lesser estate, interest or
easement, as may be 
17
required) to the real property, or specified portion
thereof, 
18
which is the subject of the proceeding, and be authorized to 
19
take
possession of and use such property; or only be authorized 
20
to take
possession of and to use such property, if such 
21
possession and use, without
the vesting of title, are 
22
sufficient to permit the plaintiff to proceed
with the project 
23
until the final ascertainment of compensation; however, no
land 
24
or interests therein now or hereafter owned, leased, controlled 
25
or
operated and used by, or necessary for the actual operation 
26
of, any common
carrier engaged in interstate commerce, or any 
27
other public utility subject
to the jurisdiction of the 
28
Illinois Commerce Commission, shall be taken or
appropriated 
29
hereunder by the State of Illinois, the Illinois Toll Highway

30
Authority, the sanitary district, the St. Louis Metropolitan 
31
Area Airport
Authority or the Board of Trustees of the 
32
University of Illinois without
first securing the approval of 
 


 






SB2948
- 2 -
LRB094 19162 AJO 54694 b




1
such Commission.

2
    Except as hereinafter stated, the motion for taking shall

3
state: (1) an accurate description of the property to which the 
4
motion
relates and the estate or interest sought to be acquired 
5
therein; (2)
the formally adopted schedule or plan of operation 
6
for the execution of
the plaintiff's project; (3) the situation 
7
of the property to which the
motion relates, with respect to 
8
the schedule or plan; (4) the necessity
for taking such 
9
property in the manner requested in the motion; and (5)
if the 
10
property (except property described in Section 3 of the Sports

11
Stadium Act, or property described as Site B in Section 2 of 
12
the
Metropolitan Pier and Exposition Authority Act) to be taken 
13
is owned,
leased, controlled or operated and used by, or 
14
necessary for the actual
operation of, any interstate common 
15
carrier or other public utility subject
to the jurisdiction of 
16
the Illinois Commerce Commission, a statement to the
effect 
17
that the approval of such proposed taking has been secured from 
18
such
Commission, and attaching to such motion a certified copy 
19
of the order of
such Commission granting such approval.  If the 
20
schedule or plan of
operation is not set forth fully in the 
21
motion, a copy of such schedule or
plan shall be attached to 
22
the motion.

23
(Source: P.A. 91-357, eff. 7-29-99; 91-367, eff. 7-30-99; 
24
92-16, eff.
6-28-01.)