State of Illinois
90th General Assembly
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90_HB2053

      735 ILCS 5/7-119          from Ch. 110, par. 7-119
          Amends   the   Code   of   Civil   Procedure    regarding
      admissibility  of evidence in eminent domain cases.  Provides
      that if a court makes a determination that  actual  sales  of
      property  have  been  completed  which constitute "comparable
      sales", then offers to purchase either the  subject  property
      or  a  comparable  property  are  inadmissible  in  evidence.
      Effective immediately.
                                                     LRB9005186SMdv
                                               LRB9005186SMdv
 1        AN  ACT  to amend the Code of Civil Procedure by changing
 2    Section 7-119.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Code  of Civil Procedure is amended by
 6    changing Section 7-119 as follows:
 7        (735 ILCS 5/7-119) (from Ch. 110, par. 7-119)
 8        Sec.  7-119.  Admissibility  of  evidence.   Evidence  is
 9    admissible as to (1) any benefit to the landowner  that  will
10    result  from  the  public  improvement  for which the eminent
11    domain  proceedings  were   instituted;   (2)   any   unsafe,
12    unsanitary,  substandard  or  other illegal condition, use or
13    occupancy of the property; (3) the effect of  such  condition
14    on  income  from the property; and (4) the reasonable cost of
15    causing the property to be placed in a legal  condition,  use
16    or occupancy. Such evidence is admissible notwithstanding the
17    absence   of   any  official  action  taken  to  require  the
18    correction or abatement of such  illegal  condition,  use  or
19    occupancy.
20        If  the  court makes a determination that actual sales of
21    property have been  completed  which  constitute  "comparable
22    sales",  then  offers to purchase either the subject property
23    or a comparable property are inadmissible in evidence.
24    (Source: P.A. 82-280.)
25        Section 99.  Effective date.  This Act takes effect  upon
26    becoming law.

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