HB4282 93RD GENERAL ASSEMBLY

LRB093 16106 LCB 41735 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4282

Introduced 1/30/2004, by Thomas Holbrook

SYNOPSIS AS INTRODUCED:

735 ILCS 5/7-103.70

Amends the Code of Civil Procedure. Provides policies for quick-take proceedings by the Southwestern Illinois Development Authority.

A BILL FOR

AN ACT concerning quick takes.

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

Section 5. The Code of Civil Procedure is amended by changing Section 7-103.70 as follows:

(735 ILCS 5/7-103.70)

Sec. 7-103.70. Quick-take; Southwestern Illinois Development Authority (SWIDA).

(a) Quick-take proceedings under Section 7-103 may be used for a period from August 30, 2003 to August 30, 2005, subject to the written approval of the Secretary of the Illinois Department of Transportation based upon the overall economic development and fiscal plans and needs of the State of Illinois, by the Southwestern Illinois Development Authority pursuant to the Southwestern Illinois Development Authority Act for a project as defined in Section 3 of that Act.

(b) Any proposed project invoking the quick-take process must comply with Section 7-103 of the Code of Civil Procedure and the mission statement of SWIDA as adopted by the Board on August 17, 1989. The project must meet stated and specific economic development goals resulting in identifiable business location, business retention, substantial job creation or retention, or substantial capital development within the jurisdictional boundaries of SWIDA.

(c) Quick-take shall be undertaken by SWIDA only as a last resort and only after efforts to purchase property in accordance with the Illinois Constitution and the Code of Civil Procedure have been satisfied in a manner that conforms with the referenced laws. At a minimum, any motion for taking of property approved by the SWIDA Board shall include:

(1) an accurate description of the property to which the motion relates and the estate or interest sought to be acquired therein;

(2) a formally adopted schedule or plan of operation for the execution of the project;

(3) the situation of the property to which the motion relates, with respect to the schedule or plan;

(4) the necessity for taking the property in the manner requested in the motion; and

(5) if the property to be taken is owned, leased, controlled or operated and used by, or necessary for the actual operation of, any interstate common carrier or other public utility subject to the jurisdiction of the Illinois Commerce Commission, a statement to the effect that the approval of the proposed taking has been secured from the Commission, and shall attach a certified copy of the order of the Commission granting the approval to the motion. If the schedule or plan of operation is not set forth fully in the motion, a copy of the schedule or plan shall be attached to the motion.

(d) SWIDA may invoke quick-take directly or on behalf of another unit of government or a private party. In all cases, the legislative requirements and procedures referenced in subsection (b) of this Section must be satisfied. If title may be subsequently transferred to a private party by a unit of government, the unit of government must submit to SWIDA a copy of its agreement with the private party and must certify that the agreement was entered into pursuant to all applicable local, State, and federal laws. Additional requirements and conditions that are deemed appropriate by the SWIDA Board of Directors may be incorporated in an Intergovernmental Agreement that must be executed between SWIDA and the unit of government as a prerequisite to SWIDA's use of quick-take powers to assist a unit of government.

(e) SWIDA shall:

(1) only utilize its quick-take powers to promote development in Clinton, Madison, and St. Clair counties and to assist in the development, construction, and acquisition of industrial, commercial, housing, residential, or local government "projects" as that term is used in subsection (n) of Section 3 of the Southwestern Illinois Development Authority Act;

(2) require verification that the project depends upon the successful land acquisition proposed and that the exercise of quick-take authority is necessary for the successful completion of the project;

(3) require that a Board-approved intergovernmental agreement be entered into between the unit or units of government and SWIDA prior to the exercise of any quick-take powers by SWIDA to assist any other unit of government. The intergovernmental agreement shall provide, among other things, (i) the obligation by the unit of government to pay all the costs and expenses incurred by SWIDA in acquiring title to the property through the use of its eminent domain and quick-take authority and (ii) the indemnification of SWIDA by the unit of government in connection with the acquisition. The intergovernmental agreement must also provide for the payment by the unit of government of an administrative fee in accordance with the established fee schedule;

(4) hold a public hearing prior to Board action on any quick-take application;

(5) identify any and all sources for the statutory authority for the taking;

(6) identify the specific benefits of the proposed project to the public, such as elimination of blight or deterioration, revitalization of the economy, creation of jobs, or increase in tax base, and be certain to back up these goals with studies, data, and the dissemination to the public of the supporting information;

(7) verify that the developer has engaged in good faith negotiations with the property owner for the purchase of the land;

(8) be prepared to show and make relevant findings to the effect that the development project could not proceed without the governmental body's intervention and assistance in property acquisition or assembly;

(9) consider conducting a public hearing on the project even if one is not required by law, but be certain that the project's proponents are well-equipped with demonstrable specifics about the need for the project, the need for a public incentive, and the public benefit to be derived;

(10) verify that the developer is creditworthy but still in need of some public incentive;

(11) be prepared to respond to an objector's claim that the developer has the independent means both financially and strategically to achieve its goal through implementation of a feasible and economic alternative plan;

(12) if the project is an expansion of an existing use or addition to an existing facility, be able to support the contentions of the detractors of the plan that the expansion or addition is solely for the benefit of the developer and that the original project cured the problems it was intended to solve;

(13) consider whether it can be shown, or if it is necessary or advisable, that the existing uses of the property proposed for taking are not consistent with the development plans for the area and that the property is not contributing any benefit or any significant benefit to the community; and

(14) notify each State Senator and State Representative whose district is impacted by the intention to acquire property by quick-take process. The notification shall include:

(A) a map of the area in which the property to be acquired is located, showing the location of the property;

(B) photographs of the property;

(C) an appraisal of the property by a real estate appraiser who is certified or licensed under the Real Estate Appraiser Licensing Act of 2002;

(D) a copy of the resolution adopted by the unit of local government;

(E) documentation of the public purpose for which quick-take is sought to acquire the property; and

(F) a copy of each notice sent to an owner of an interest in the property.

(f) SWIDA shall not enter into an agreement with either a private party or a unit of government unless and until the governmental authority of the municipality within which SWIDA would exercise its quick-take powers has authorized SWIDA to use this power or unless and until the county board of the county within which SWIDA would exercise the powers has so authorized SWIDA.

(g) The Board of SWIDA shall require a project developer, if a private party, to enter into an agreement with SWIDA in writing in advance of SWIDA's commencement of quick-take proceedings. This agreement shall set forth the respective obligations of SWIDA and the private party with respect to the use by SWIDA of its quick-take powers and shall provide, among other things, for (i) the obligation by the project developer to pay all the costs and expenses incurred by SWIDA in acquiring title to the property through the use of its eminent domain and quick-take authority and (ii) the indemnification of SWIDA by the project developer in connection with the acquisition. The agreement must also provide for the payment by the project developer of an administrative fee in accordance with the established fee schedule.

(h) SWIDA may exercise its quick-take authority through an agent who shall be selected based upon knowledge and expertise in land acquisition procedures or relocation procedures. The agent may be a firm, a person, or another governmental agency. It shall be the responsibility of the project developer or unit of government to pay the cost for the agent who will be charged with fulfilling the requirements of all applicable laws as they apply to the project. The cost of the agent and any additional costs incurred by SWIDA, its Board, its employees, or its attorney shall be the responsibility of the project developer or unit of government to which SWIDA is lending its assistance.

(Source: P.A. 93-602, eff. 11-18-03.)