735 ILCS 30/10-5-70

(735 ILCS 30/10-5-70) (was 735 ILCS 5/7-123)

Sec. 10-5-70. Judgments.

(a) If the plaintiff is not in possession pursuant to an order
entered under the provisions of Section 20-5-15 of this Act, the
court, upon the report of the jury under Section 10-5-45 or upon the court's ascertainment and finding
of the just compensation when
				
				there was no jury, shall proceed to
adjudge and make such order as to right and justice shall pertain,
ordering that the plaintiff shall enter upon the property and the use of the
property upon payment of full compensation as ascertained,
within a reasonable time to be fixed by the court. That order, together with
evidence of payment, shall constitute complete justification of the
taking of the
				
				property. Thereupon, the court in the same eminent domain
proceeding in which 
				the orders have been made shall have exclusive
authority to hear and determine all rights in and to just
compensation and shall make findings as to the rights of the parties, which shall be paid by the county treasurer out of the
respective awards deposited with him or her, as provided in Section 10-5-85 of this
Act, except when the parties claimant are engaged in litigation in a
court having acquired jurisdiction of the parties with respect to their
rights in the property condemned prior to the time of the filing of the
complaint to condemn. Appeals may be taken from any findings by the court
as to the rights of the parties in and to the compensation paid to the
county treasurer as in other civil cases.

If the plaintiff
dismisses the complaint before the entry of the order by the court
first mentioned in this subsection (a) or fails to make payment of
full compensation within the time named in that order or if the final
judgment is that the plaintiff cannot acquire the property by
condemnation, the court shall, upon the application of the
defendants or any of them, enter an order in the 
action for the payment by the plaintiff of all costs, expenses, and
reasonable attorney fees paid or incurred by the
				
				defendant or defendants in defense of the complaint, as
upon the hearing of the application shall be right and just, and also
for the payment of the taxable costs.

(b) If the plaintiff is in possession pursuant to an order
entered under the provisions of Section 20-5-15 of this Act and if Section
20-5-45 of this Act is inapplicable, then the court, upon the jury's report under Section 10-5-45 of this Act
or upon the court's determination of just compensation if there was no
jury, shall enter an order setting forth the amount of just
compensation so finally ascertained and ordering and directing the
payment of any amount of just compensation that may remain due to any of the
interested parties, directing the return of any excess in the deposit
remaining with the clerk of the court, and directing the refund of any
excess amount withdrawn from the deposit by any of the interested
parties.

(Source: P.A. 94-1055, eff. 1-1-07.)