(65 ILCS 5/9-2-36) (from Ch. 24, par. 9-2-36)
Sec. 9-2-36.
Upon the return of a verdict in a proceeding to acquire
property for a public improvement, if no motion for a new trial is made, or
if made, is overruled, the petitioner, within 90 days after final judgment
as to all defendants, both as to the amount of damages and compensation to
be awarded and benefits to be assessed shall elect whether it will dismiss
the proceeding or enter judgment on the verdict. If it elects to enter
judgment on the verdict, it shall become bound thereby and liable to pay
the amount thereof, whether the assessment is collected or not, and the
judgment of condemnation shall not be conditional. But the judgment shall
not draw interest until the petitioner takes possession of or damages the
property, in respect to which the judgment is entered. After entry of
judgment the petitioner shall not be permitted to withdraw from or to
dismiss the proceeding, without the consent of all parties whose land is
thereby condemned, except as hereinafter provided. In case an appeal is
taken by either party from the judgment of condemnation or confirmation,
then unless the petitioner files in the cause its written election to
proceed with the improvement notwithstanding the appeal, no steps shall be
taken to collect the assessment nor to compel payment of the compensation
awarded until the appeal is disposed of and final judgment entered in the
cause, or, in case of reversal, until there is a new trial and judgment.
However, in case of a final reversal the petitioner may still elect, within
a period of 60 days, to abandon the proceeding.
(Source: Laws 1961, p. 576.)
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