Illinois General Assembly - Bill Status for SB3086

Amends the Statute on Statutes. Prohibits all takings under the power of eminent domain by the State or a unit of local government for private development unless the property is within an area that is a "blighted area" and the condemning authority has entered into a written agreement with a private person or entity that agrees to undertake a development project within the blighted area that specifically details the reasons for which the property or rights in the property are necessary for the success of the development project. Defines "private development". Amends the Tax Increment Allocation Redevelopment Act in the Illinois Municipal Code. Provides that in all eminent domain actions in which a property owner is displaced, the displacing entity must pay certain costs related to the relocation and displacement of the property owner's residence, business, or farm operation. Amends the Eminent Domain Article in the Code of Civil Procedure. Provides that, in a condemnation proceeding in which the property has been designated by the condemning authority by ordinance as blighted, the condemning authority must demonstrate and prove by a preponderance of the evidence that the property is blighted property. Provides that the existence of an ordinance designating property as blighted is not prima facie evidence of blight. Provides that an ordinance designating property as "blighted property" shall not be presumed to be valid for purposes of the condemnation proceeding. Makes changes concerning the valuation of condemned property. Requires reimbursement of the property owner for certain relocation costs. Establishes guidelines for determining reasonable attorney's fees (i) if the court awards just compensation that exceeds the initial written offer of the condemning authority and (ii) if the court determines that the taking is not warranted. Preempts home rule powers. Amends the State Mandates Act to require implementation without reimbursement by the State. Makes other changes. Effective immediately.

Replaces everything after the enacting clause. Reinserts the provisions of the bill as introduced, with the following changes: In the Statute on Statutes, deletes from the definition of "private development" provisions (i) excluding development that benefits the State, a unit of local government, or a school district and (ii) excluding development for which the use of eminent domain is authorized by law after the effective date. In a provision prohibiting the use of eminent domain for private purposes, makes an exception for the taking of property in a blighted area when the exercise of eminent domain power and the proposed use of the property are consistent with a regional plan that has been adopted within the past 5 years in accordance with Section 5-14001 of the Counties Code or Section 11-12-6 of the Illinois Municipal Code or with a local land resource management plan adopted under Section 4 of the Local Land Resource Management Planning Act. In the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code, in the provisions added to the definition of "redevelopment project costs", deletes a phrase requiring payment by the displacing entity and provides that the terms used are as defined in the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and its implementing regulations. In the Eminent Domain Article of the Code of Civil Procedure, (i) redefines "blighted", (ii) bases the determination of fair market value, in certain circumstances, on a date other than the date of filing the complaint to condemn, and (iii) changes the manner of determining reasonable attorney's fees. Also makes stylistic and technical changes. Provides that this Act does not apply to any action that was commenced prior to April 15, 2006. Effective immediately.

Further amends the Statute on Statutes in relation to the exercise of eminent domain for private development purposes. Excludes from the term "private development": (1) development for which the exercise of eminent domain is authorized under the Telephone Company Act; and (2) development of property that is a historic resource, local landmark, or contributing structure within a local landmark district, if the proposed development requires that the character of the property be preserved.

Replaces everything after the enacting clause. Creates the Eminent Domain Act. Repeals the Eminent Domain Article of the Code of Civil Procedure and moves its provisions into the new Act. Adds new substantive provisions relating to takings for private use, the burden of proof, the elimination of blight, relocation expenses, and attorney's fees. Creates a list of eminent domain powers in other statutes. Makes numerous technical changes. Makes conforming changes in other statutes. Pre-empts home rule. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Makes changes in provisions relating to applicability of the Act; valuation dates; relocation costs; attorney's fees and other costs; redevelopment project costs; the definition and determination of blight; acquisitions for utility, pipeline, and railroad purposes; acquisitions for other specified purposes; and the sale of certain property acquired by condemnation for public ownership or control. Changes the effective date to January 1, 2007.

Reinserts the provisions of House Amendment No. 2 with changes. Provides that a condemning authority may exercise the power of eminent domain for the acquisition of property in furtherance of an existing tax increment allocation redevelopment plan or the O'Hare Modernization Act as provided for by the law in effect prior to the effective date of this Act. Deletes certain references to public use. Provides that certain exemptions relating to the O'Hare Modernization Act apply to the damaging, as well as acquisition, of property. Provides that the valuation date is the date of filing the complaint under the O'Hare Modernization Act. In a Section providing that the Eminent Domain Act controls over conflicting laws, provides an exception for the acquisition or damaging of property under the O'Hare Modernization Act. Effective January 1, 2007.

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