Bill Status of SB2746 94th General Assembly
Short Description: EMINENT DOMAIN
Sen. Edward Petka - Cheryl Axley - Dave Syverson - Christine Radogno - Steven J. Rauschenberger, Larry K. Bomke, David Luechtefeld, Dale E. Risinger, Todd Sieben, J. Bradley Burzynski and Peter J. Roskam
| 1/9/2007||Senate||Session Sine Die|
Statutes Amended In Order of Appearance
Synopsis As Introduced
Amends the Eminent Domain Article of the Code of Civil Procedure. Requires all units of local government other than a municipality or a county to obtain the approval by ordinance of the municipality or county within which the subject property is located before entering into negotiations or commencing proceedings to acquire property by eminent domain. Requires units of local government and school districts to follow certain procedures to acquire property under the power of eminent domain. Requires the condemning authority to reimburse certain appraisal costs, attorney's fees, and relocation expenses. Requires the Office of the Attorney General to publish a summary of eminent domain rights and remedies for inclusion with certain notices. Authorizes the court to dismiss a complaint for condemnation if it finds that the condemning authority or any other governmental entity has exercised or failed to exercise a regulatory power for the purpose of holding down or diminishing just compensation. Places restrictions on the sale to a private party of property acquired by eminent domain. Prohibits a plaintiff from dismissing or abandoning condemnation proceedings after the complaint has been filed but provides that certain public utilities are not prohibited from dismissing or abandoning the proceedings until after the property is taken. Provides that the condemning authority is liable for costs, expenses, and reasonable attorney's fees incurred by a landowner in obtaining deposit of an amount not deposited in the time provided in the order of taking. Authorizes the use of evidence of comparable sales initiated and bona fide offers to purchase offered prior to filing of the complaint for use in determining the fair cash market value of the property. Makes other changes. Preempts home rule powers. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately.