(70 ILCS 605/4-17) (from Ch. 42, par. 4-17)
Sec. 4-17.
Acquisition of property - Eminent domain.
Whenever an order has been entered by the court authorizing the
performance of any work, either within or outside of the district, the
commissioners shall proceed to acquire all lands, easements, rights-of-way
and other property or interests therein which may be necessary to the
performance of such work. The commissioners may enter into agreements with
landowners to pay reasonable compensation therefor and may use or commit
the corporate funds of the district for such purposes without regard to
whether such funds are on hand or are yet to be levied or collected.
Whenever the commissioners are unable to agree with any landowner or other
interested person on the amount of compensation to be paid, or whenever any
person interested is not competent to contract or his name or residence is
unknown or he is a non-resident of this state, then the commissioners may,
on behalf of the district, acquire any such lands, easements,
rights-of-way, properties and interests, whether privately owned, publicly
owned or held for the use of the public, by the exercise of the right of
eminent domain.
(a) Complaints seeking to take property in the exercise
of the right of
eminent domain may be filed by the commissioners in any court of competent
jurisdiction, in the manner now or as may hereafter be provided by statute.
(b) When the property sought to be taken is situated within the
boundaries of the district, or when the property sought to be taken is not
situated within the boundaries of the district but is situated within the
county in which the district is organized, the commissioners may acquire
the same and have the compensation fixed in conjunction with and as a part
of their assessment proceedings. The commissioners shall, in such event,
set forth in the assessment roll, or in an application
filed therewith, a
description of the property sought to be taken and the amount of the
compensation allowed by them. The property so sought to be taken shall be
described by reference to the plats, plans and specifications on file with
and approved by the court, by metes and bounds, by setting forth in general
terms a description of the course, width and area of the right-of-way or
easement to be acquired and a general description of the property over,
across or upon which the same is to be located, or by any combination of
these methods, or by any other method which will sufficiently describe the
property sought to be taken. The compensation for property taken and the
damages to property not taken, if any, shall thereupon be fixed and
determined at the hearing on the assessment roll.
(c) Every owner of property sought to be taken and every other person
interested in such property shall be made a party defendant in the
proceeding and shall be served with process or given notice as in other
civil cases.
(d) When the court finds that it is in the best interests of the
district to acquire the fee instead of a necessary lesser interest in land
and that the fee can be acquired by agreement with the landowner, then the
court may authorize the commissioners to purchase the fee. Commissioners
may, on behalf of the district, accept a gift or legacy of the fee or any
lesser interest in land.
(Source: P.A. 83-388.)
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