SB0728ham001 93RD GENERAL ASSEMBLY

Local Government Committee

Filed: 5/25/2004

09300SB0728ham001 LRB093 02916 LCB 51530 a

AMENDMENT TO SENATE BILL 728

AMENDMENT NO. ______. Amend Senate Bill 728 by replacing everything after the enacting clause with the following:

"Section 5. The Code of Civil Procedure is amended by changing Section 7-101 as follows:.

(735 ILCS 5/7-101) (from Ch. 110, par. 7-101)

Sec. 7-101. Compensation - Jury. Private property shall not be taken or damaged for public use without just compensation, and in all cases in which compensation is not made by the state in its corporate capacity, or a political subdivision of the state, or municipality in its respective corporate capacity, such compensation shall be ascertained by a jury, as hereinafter prescribed. Where compensation is so made by the state, a political subdivision of the state, or municipality, any party upon application may have a trial by jury to ascertain the just compensation to be paid. Such demand on the part of the state, a political subdivision of the state, or municipality, shall be filed with the complaint for condemnation of the state, a political subdivision of the state, or municipality. Where the state, a political subdivision of the state, or municipality is plaintiff, a defendant desirous of a trial by jury must file a demand therefor on or before the return date of the summons served on him or her or fixed in the publication in case of defendants served by publication. In the event no party in the condemnation action demands a trial by jury as provided for by this Section, then the trial shall be before the court without a jury. The right to just compensation as provided in this Article applies to the owner or owners of any lawfully erected off-premises outdoor advertising sign that is compelled to be altered or removed under this Article or any other statute, or under any ordinance or regulation of any municipality or other unit of local government, and also applies to the owner or owners of the property on which that sign is erected, and shall accrue on the date of the commencement of proceedings under this Article or any other statute or on the effective date of any ordinance or regulation that compels the alteration or removal of the off-premises outdoor advertising sign. Just compensation with respect to off-premises outdoor advertising signs shall not be determined by amortization of the value of the signs over a period of time nor by any other amortization method or calculation. The right to just compensation as provided in this Article applies to property subject to a conservation right under the Real Property Conservation Rights Act. The amount of compensation for the taking of the property shall not be diminished or reduced by virtue of the existence of the conservation right. The holder of the conservation right shall be entitled to just compensation for the value of the conservation right.

(Source: P.A. 91-497, eff. 1-1-00.)".