093_HR0454ham001











                                     LRB093 10616 DRJ 20079 a

 1                  AMENDMENT TO HOUSE RESOLUTION 454

 2        AMENDMENT  NO.      .   Amend  House  Resolution  454  by
 3    replacing lines 12 through 33 on page 1 and all of  pages  2,
 4    3, and 4 with the following:
 5    "before  the  State or a unit of local government may request
 6    House approval of legislation authorizing the  State  or  the
 7    unit  of  local  government  to  acquire  property by eminent
 8    domain using "quick-take" powers under Section 7-103  of  the
 9    Code  of  Civil  Procedure,  the  State  or the unit of local
10    government must comply with all of the following procedures:
11             (1)  The State or the unit of local government  must
12        notify  each  owner  of  an  interest in the property, by
13        certified mail, of the intention of the State or the unit
14        of local government to request approval of legislation by
15        the General Assembly authorizing the State or the unit of
16        local government  to  acquire  the  property  by  eminent
17        domain  using  "quick-take" powers under Section 7-103 of
18        the Code of Civil Procedure.
19             (2)  The State or the unit of local government  must
20        cause notice of its intention to request authorization to
21        acquire the property by eminent domain using "quick-take"
22        powers   to  be  published  in  a  newspaper  of  general
23        circulation in the territory sought to be acquired by the
24        State or the unit of local government.
 
                            -2-      LRB093 10616 DRJ 20079 a
 1             (3)  Following the notices required under paragraphs
 2        (1) and (2), the State or the unit  of  local  government
 3        must hold at least one public hearing, at the place where
 4        the  unit of local government normally holds its business
 5        meetings (or, in  the  case  of  property  sought  to  be
 6        acquired by the State: (i) at a location in the county in
 7        which  the property sought to be acquired by the State is
 8        located, or (ii) if  the  property  is  located  in  Cook
 9        County,  at  a  location  in  the  township  in which the
10        property is located, or (iii) if the property is  located
11        in  2  adjacent  counties  other than Cook County or in 2
12        adjacent townships in Cook County, at a location  in  the
13        county  or  in  the  township in Cook County in which the
14        majority of the property  is  located,  or  (iv)  if  the
15        property  is  located  in  Cook  County  and  an adjacent
16        county, at a location in  the  other  county  or  in  the
17        township  in  Cook  County  in  which the majority of the
18        property is located), on the question of the  acquisition
19        of  the  property  by  the  State  or  the  unit of local
20        government by eminent domain using "quick-take" powers.
21             (4)  In the case of property sought to  be  acquired
22        by  a  unit  of  local  government,  following the public
23        hearing or hearings held under paragraph (3), the unit of
24        local  government  must  adopt,  by  recorded   vote,   a
25        resolution  to  request  approval  of  legislation by the
26        General Assembly authorizing the unit of local government
27        to  acquire  the  property  by   eminent   domain   using
28        "quick-take"  powers  under  Section 7-103 of the Code of
29        Civil Procedure. The resolution must include a  statement
30        of  the  time  period  within  which  the  unit  of local
31        government requests authority  to  exercise  "quick-take"
32        powers, which may not exceed one year.
33             (5)  Following  the  public hearing or hearings held
34        under paragraph (3), and not less than 30 days  following
 
                            -3-      LRB093 10616 DRJ 20079 a
 1        the notice to the property owner or owners required under
 2        paragraph  (1), the head of the appropriate State office,
 3        department, or agency or the chief  elected  official  of
 4        the  unit of local government must submit to the Chairman
 5        and  Minority  Spokesperson  of   the   House   Executive
 6        Committee a sworn, notarized affidavit that states all of
 7        the following:
 8                  (A)  The legal description of the property.
 9                  (B)  The street address of the property.
10                  (C)  The  name  of each State Senator and State
11             Representative who represents the territory that  is
12             the subject of the proposed taking.
13                  (D)  The  date  or  dates on which the State or
14             the unit of local  government  contacted  each  such
15             State  Senator  and  State Representative concerning
16             the intention of the State  or  the  unit  of  local
17             government to request approval of legislation by the
18             General  Assembly  authorizing the State or the unit
19             of local  government  to  acquire  the  property  by
20             eminent domain using "quick-take" powers.
21                  (E)  The  current  name, address, and telephone
22             number of each owner of an interest in the property.
23                  (F)  A summary of all negotiations between  the
24             State  or the unit of local government and the owner
25             or owners of the property concerning the sale of the
26             property  to  the  State  or  the  unit   of   local
27             government.
28                  (G)    A  statement of the date and location of
29             each public hearing held under paragraph (3).
30                  (H)  A statement  of  the  public  purpose  for
31             which  the  State  or  the  unit of local government
32             seeks to acquire the property.
33             The affidavit must also contain the certification of
34        the head of the appropriate State office, department,  or
 
                            -4-      LRB093 10616 DRJ 20079 a
 1        agency or the chief elected official of the unit of local
 2        government  that  (i)  the property is located within the
 3        territory under the jurisdiction of the State or the unit
 4        of local government and (ii) the State  or  the  unit  of
 5        local  government  seeks  to  acquire  the property for a
 6        public purpose.
 7             (6)  Together with  the  affidavit  submitted  under
 8        paragraph  (5), the head of the appropriate State office,
 9        department, or agency or the chief  elected  official  of
10        the  unit  of  local government must submit the following
11        items to the Chairman and Minority  Spokesperson  of  the
12        House Executive Committee:
13                  (A)  A map of the area in which the property to
14             be  acquired is located, showing the location of the
15             property.
16                  (B)  Photographs of the property.
17                  (C)  An appraisal of the  property  by  a  real
18             estate  appraiser who is certified or licensed under
19             the Real Estate Appraiser Licensing Act of 2002.
20                  (D)  In the  case  of  property  sought  to  be
21             acquired  by  a  unit of local government, a copy of
22             the  resolution  adopted  by  the  unit   of   local
23             government under paragraph (4).
24                  (E)  Documentation  of  the  public purpose for
25             which the State or  the  unit  of  local  government
26             seeks to acquire the property.
27                  (F)  A  copy of each notice sent to an owner of
28             an interest in the property under paragraph (1); and
29             be it further

30        RESOLVED, That every affidavit submitted by the State  or
31    a  unit  of  local  government  pursuant  to this Resolution,
32    together with all documents and other  items  submitted  with
33    the  affidavit,  must  be  made  available to any person upon
34    request for inspection and copying.".