Illinois General Assembly - Full Text of SB1759
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Full Text of SB1759  94th General Assembly

SB1759 94TH GENERAL ASSEMBLY


 


 
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1759

 

Introduced 2/25/2005, by Sen. Christine Radogno

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/7-101   from Ch. 110, par. 7-101

    Amends the Code of Civil Procedure. Provides that gradual elimination of nonconforming off-premises outdoor advertising signs over time, as permitted under Section 11-13-1 of the Illinois Municipal Code, shall be deemed just compensation for the signs under the Article concerning eminent domain. Provides that the right to compensation for an eminent domain taking applies to the owner or owners of any lawfully erected off-premises outdoor advertising sign that is compelled to be removed (instead of altered or removed). Effective immediately.


LRB094 08088 LCB 38272 b

 

 

A BILL FOR

 

SB1759 LRB094 08088 LCB 38272 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 7-101 as follows:
 
6     (735 ILCS 5/7-101)  (from Ch. 110, par. 7-101)
7     Sec. 7-101. Compensation - Jury. Private property shall not
8 be taken or damaged for public use without just compensation,
9 and in all cases in which compensation is not made by the state
10 in its corporate capacity, or a political subdivision of the
11 state, or municipality in its respective corporate capacity,
12 such compensation shall be ascertained by a jury, as
13 hereinafter prescribed. Where compensation is so made by the
14 state, a political subdivision of the state, or municipality,
15 any party upon application may have a trial by jury to
16 ascertain the just compensation to be paid. Such demand on the
17 part of the state, a political subdivision of the state, or
18 municipality, shall be filed with the complaint for
19 condemnation of the state, a political subdivision of the
20 state, or municipality. Where the state, a political
21 subdivision of the state, or municipality is plaintiff, a
22 defendant desirous of a trial by jury must file a demand
23 therefor on or before the return date of the summons served on
24 him or her or fixed in the publication in case of defendants
25 served by publication. In the event no party in the
26 condemnation action demands a trial by jury as provided for by
27 this Section, then the trial shall be before the court without
28 a jury. The right to just compensation as provided in this
29 Article applies to the owner or owners of any lawfully erected
30 off-premises outdoor advertising sign that is compelled to be
31 altered or removed under this Article or any other statute, or
32 under any ordinance or regulation of any municipality or other

 

 

SB1759 - 2 - LRB094 08088 LCB 38272 b

1 unit of local government, and also applies to the owner or
2 owners of the property on which that sign is erected. Gradual
3 elimination of nonconforming off-premises outdoor advertising
4 signs over time, as permitted in Section 11-13-1 of the
5 Illinois Municipal Code, shall be deemed just compensation for
6 such signs under this Article. The right to just compensation
7 as provided in this Article applies to property subject to a
8 conservation right under the Real Property Conservation Rights
9 Act. The amount of compensation for the taking of the property
10 shall not be diminished or reduced by virtue of the existence
11 of the conservation right. The holder of the conservation right
12 shall be entitled to just compensation for the value of the
13 conservation right.
14 (Source: P.A. 91-497, eff. 1-1-00.)
 
15     Section 99. Effective date. This Act takes effect upon
16 becoming law.