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90_SB1019ccr001
LRB9001319PTcwccr8
1 90TH GENERAL ASSEMBLY
2 CONFERENCE COMMITTEE REPORT
3 ON SENATE BILL 1019
4 -------------------------------------------------------------
5 -------------------------------------------------------------
6 To the President of the Senate and the Speaker of the
7 House of Representatives:
8 We, the conference committee appointed to consider the
9 differences between the houses in relation to House Amendment
10 No. 1 to Senate Bill 1019, recommend the following:
11 (1) that the House recede from House Amendment No. 1;
12 and
13 (2) that Senate Bill 1019 be amended by replacing
14 everything after the enacting clause with the following:
15 "Section 5. The City of Galesburg owns the following
16 described real estate:
17 A PART OF THE SOUTHEAST QUARTER OF SECTION 8,
18 TOWNSHIP 11 NORTH, RANGE 1 EAST OF THE 4TH PRINCIPAL
19 MERIDIAN, KNOX COUNTY, ILLINOIS AND BEING MORE
20 PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
21 COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST
22 QUARTER OF SAID SECTION 8; THENCE S 00° 08' 27" W, A
23 DISTANCE OF 914.44 FEET ALONG THE EAST LINE OF THE
24 SOUTHEAST QUARTER OF SAID SECTION 8 TO THE TRUE POINT OF
25 BEGINNING; THENCE S 00° 08' 27" W, A DISTANCE OF 399.19
26 FEET CONTINUING ALONG THE EAST LINE OF THE SOUTHEAST
27 QUARTER OF SAID SECTION 8; THENCE S 87° 55' 05" W, A
28 DISTANCE OF 1192.25 FEET TO THE EAST RIGHT-OF-WAY LINE OF
29 SAID F. A. ROUTE 29; THENCE N 26° 21' 00" E, A DISTANCE
30 OF 453.60 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SAID
31 F. A. ROUTE 29; THENCE N 87° 55' 05" E, A DISTANCE OF
32 991.77 FEET TO THE TRUE POINT OF BEGINNING.
33 THE DESCRIBED TRACT CONTAINS 10.000 ACRES.
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1 Section 10. The State of Illinois owns the following
2 described real estate, which is under the control of the
3 Department of Military Affairs:
4 Lot 1 of the Armory Subdivision being a resubdivision of
5 all of Blocks 13, 14 and 15 in the Factory Addition to the
6 City of Galesburg.
7 Section 15. The Adjutant General, on behalf of the State
8 of Illinois and the Department of Military Affairs, is
9 authorized to convey by quit claim deed all right, title, and
10 interest of the State of Illinois and the Department of
11 Military Affairs in and to the real estate described in
12 Section 10 to the City of Galesburg upon the City of
13 Galesburg conveying by warranty deed to the State of Illinois
14 the fee simple title in and to the real estate described in
15 Section 5.
16 Section 20. The Adjutant General shall obtain a
17 certified copy of this Act from the Secretary of State within
18 60 days after its effective date and, upon the exchange of
19 real estate described in this Section being made, shall cause
20 the certified document to be recorded in the office of the
21 Recorder of Knox County, Illinois.
22 Section 105. Upon the payment of the sum of $1.00 to the
23 State of Illinois, the Director of Mental Health and
24 Developmental Disabilities (before July 1, 1997) or the
25 Secretary of Human Services (on and after July 1, 1997) is
26 authorized to convey to the County of Kankakee by quit claim
27 deed, all right, title, and interest of the State of Illinois
28 in and to the following described real property, to wit:
29 A part of the North Half of the South Half of the
30 Southwest Quarter of Section 8, Township 30 North, Range
31 13 West of the 2nd P.M. in Kankakee County, Illinois,
32 described as follows: Commencing at the intersection of
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1 the East right-of-way line of Illinois Route 49 with the
2 North line of the South Half of the South Half of the
3 Southwest Quarter of said Section 8; thence North
4 00䓎'25" West along said East right-of-way line a
5 distance of 300.00 feet to a point; thence South
6 88䓦'15" East a distance of 1,452.57 feet to a point;
7 thence South 00䓎'25" East a distance of 300.00 feet to
8 a point; thence North 88䓦'15" West along the North line
9 of the South Half of the South Half of the Southwest
10 Quarter of said Section 8 a distance of 1,452.57 feet to
11 the point of beginning, SUBJECT TO rights-of-way for
12 roads, drainage, and easements apparent or of record, AND
13 SUBJECT TO survey.
14 Section 110. The conveyance of real property authorized
15 by Section 105 shall be made subject to the express condition
16 that the property be used for the construction of a county
17 jail facility, and that if the grantee fails to use the
18 property for this purpose the title to the property shall
19 revert to the State of Illinois.
20 Section 115. The Director of Mental Health and
21 Developmental Disabilities (before July 1, 1997) or the
22 Secretary of Human Services (on and after July 1, 1997) shall
23 obtain a certified copy of the portions of this Act
24 containing the title, the enacting clause, the effective
25 date, the appropriate Section or Sections containing the land
26 descriptions of property to be transferred or otherwise
27 affected, and this Section within 60 days after its effective
28 date, and, upon receipt of the payment required by the
29 Section or Sections, if any payment is required, shall record
30 the certified document in the Recorder's Office in the
31 appropriate county.
32 Section 155. The Director of Agriculture is authorized
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1 to convey by warranty deed the following 0.21 acre parcel of
2 land for the sum of $1,677.00 to Jeffrey Keith Myers of Du
3 Quoin:
4 Commencing at the southwest corner of the southwest
5 quarter of the southeast quarter of Section 17. Township
6 6 South. Range 1 west of the third principal meridian:
7 Thence easterly on the south line of the said southwest
8 quarter of the southeast quarter of section 17 on an
9 azimuth of 92 degrees 15' 02". A distance of 830.92 feet
10 to the point of beginning for this description: thence
11 northerly on an azimuth of 359 degrees 38' 56". A
12 distance of 61.66 feet: thence easterly on an azimuth of
13 92 degrees 15' 02". A distance of 134.28 feet: thence
14 southeasterly on an azimuth of 151 degrees 20' 09". A
15 distance of 47.25 feet: thence southeasterly on an
16 azimuth of 161 degrees 17' 44". A distance of 22.55 feet
17 to the said south line of the said southwest quarter of
18 the southeast quarter of section 17: thence westerly on
19 the said south line on an azimuth of 272 degrees 15' 02".
20 A distance of 163.82 feet to the point of beginning.
21 The Director of Agriculture is authorized to convey by
22 warranty deed the following 0.30 acre parcel of land for the
23 sum of $2,910.00 to Charles Jeffrey Robinson and Roseann
24 Marie Robinson of Du Quoin:
25 Commencing at the southwest corner of the southwest
26 quarter of the southeast quarter of section 17. Township
27 6 south. Range 1 west of the third principal meridian:
28 Thence easterly on the south line of the said southwest
29 quarter of the southeast quarter of section 17 on an
30 azimuth of 92 degrees 15' 02". A distance of 830.92
31 feet: thence northerly on an azimuth of 359 degrees
32 38'56". A distance of 61.66 feet to the point of
33 beginning for this description: thence northerly on an
34 azimuth of 359 degrees 38'56". A distance of 142.87 feet
35 to the south line of fair acres addition to the city of
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1 Du Quoin, Illinois: thence easterly on the said south
2 line of fair acres addition on an azimuth of 92 degrees
3 15'02". A distance of 45.11 feet: thence southeasterly
4 on an azimuth of 146 degrees 57'13". A distance of
5 114.38 feet: thence southeasterly on an azimuth of 151
6 degrees 20'09". A distance of 57.55 feet: thence
7 westerly on an azimuth of 272 degrees 15' 02". A
8 distance of 134.28 feet to the point of beginning.
9 In addition, the Director of Agriculture may purchase the
10 following approximately 10 acre parcel of land from Coastal
11 Mart, Inc., of Houston, Texas, for the amount of $23,000.00:
12 Part of the Northwest Quarter of the Northeast Quarter of
13 Section 20, Township 6 South, Range 1 West of the Third
14 Principal Meridian, Perry County, Illinois, described as
15 follows: beginning at a point on the easterly right of
16 way line of U.S. Highway 51, which point is 75 feet north
17 of the south line of said northwest quarter of the
18 northeast quarter; thence northerly along said right of
19 way line a distance of 166 feet to a point; thence east
20 on a line parallel with the south line of said northwest
21 quarter of the northeast quarter a distance of 200 feet
22 to a point, thence southerly on a line parallel with the
23 easterly right of way line of said U.S. Highway 51 a
24 distance of 166 feet to a point, thence west parallel
25 with the south line of said northwest quarter of the
26 northeast quarter 200 feet to the place of beginning; and
27 The south one-fifth of the northwest quarter of the
28 northeast quarter, and the east one-half of three acres
29 of even width immediately north of and adjoining said
30 south one-fifth of the northwest quarter of the northeast
31 quarter of section 20, township 6 south, range 1 west of
32 the third Principal Meridian, Perry County, Illinois,
33 EXCEPTING therefrom the following described tracts:
34 EXCEPTION A: The west 150 feet of the south 75 feet of
35 said south one-fifth of said northwest quarter of the
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1 northeast quarter; and,
2 EXCEPTION B: Beginning at a point on the easterly right
3 of way line of U.S. Highway 51, which point is 75 feet
4 north of the south line of said northwest quarter of the
5 northeast quarter, thence northerly along said right of
6 way line a distance of 166 feet to a point, then east on
7 a line parallel with the south line of said northwest
8 quarter of the northeast quarter a distance of 200 feet
9 to a point, thence southerly on a line parallel with the
10 easterly right of way line of said U.S. Highway 51 a
11 distance of 166 feet to a point, thence west parallel
12 with the south line of said northwest quarter of the
13 northeast quarter 200 feet to the place of beginning; and
14 EXCEPTION C: Beginning at a point 150 feet east of the
15 southwest corner of the northwest quarter of the
16 northeast quarter of section 20 and then running north a
17 distance of 75 feet parallel with the west line of the
18 northwest quarter of the northeast quarter of section 20
19 and then running east a distance of 25 feet parallel
20 with the northern line of the northwest quarter of the
21 northeast quarter of section 20 and then running south a
22 distance of 75 feet parallel with the west line of the
23 northwest quarter of the northeast quarter of section 20
24 and then running west a distance of 25 feet to the place
25 of beginning.
26 Section 160. The Director of Agriculture shall obtain a
27 certified copy of the portions of this Act containing the
28 title, the enacting clause, the effective date, the
29 appropriate Section or Sections containing the land
30 descriptions of property to be transferred or otherwise
31 affected, and this Section within 60 days after its effective
32 date and, upon receipt of payment required by the Section or
33 Sections, if any payment is required, shall record the
34 certified document in the Recorder's Office in the county in
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1 which the land is located.
2 Section 205. The Code of Civil Procedure is amended by
3 changing Section 7-103 as follows:
4 (735 ILCS 5/7-103) (from Ch. 110, par. 7-103)
5 (Text of Section before amendment by P.A. 89-683)
6 Sec. 7-103. "Quick-take". This Section applies only to
7 proceedings under this Article:
8 (1) by the State of Illinois, the Illinois Toll
9 Highway Authority or the St. Louis Metropolitan Area
10 Airport Authority for the acquisition of land or
11 interests therein for highway purposes;
12 (2) (blank);
13 (3) by the Department of Commerce and Community
14 Affairs for the purpose specified in the Illinois Coal
15 Development Bond Act;
16 (4) (blank);
17 (5) for the purpose specified in the St. Louis
18 Metropolitan Area Airport Authority Act;
19 (6) for a period of 24 months after May 24, 1996,
20 by the Southwestern Illinois Development Authority
21 pursuant to the Southwestern Illinois Development
22 Authority Act;
23 (7) for a period of 3 years after December 30,
24 1987, by the Quad Cities Regional Economic Development
25 Authority (except for the acquisition of land or
26 interests therein that is farmland, or upon which is
27 situated a farm dwelling and appurtenant structures, or
28 upon which is situated a residence, or which is wholly
29 within an area that is zoned for residential use)
30 pursuant to the Quad Cities Regional Economic Development
31 Authority Act;
32 (8) by a sanitary district created under the
33 Metropolitan Water Reclamation District Act for the
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1 acquisition of land or interests therein for purposes
2 specified in that Act;
3 (9) by a rail carrier within the time limitations
4 and subject to the terms and conditions set forth in
5 Section 18c-7501 of the Illinois Vehicle Code;
6 (10) for a period of 18 months after January 26,
7 1987, for the purpose specified in Division 135 of
8 Article 11 of the Illinois Municipal Code, by a
9 commission created under Section 2 of the Water
10 Commission Act of 1985;
11 (11) by a village containing a population of less
12 than 15,000 for the purpose of acquiring property to be
13 used for a refuse derived fuel system designed to
14 generate steam and electricity, and for industrial
15 development that will utilize such steam and electricity,
16 pursuant to Section 11-19-10 of the Illinois Municipal
17 Code;
18 (12) after receiving the prior approval of the City
19 Council, by a municipality having a population of more
20 than 500,000 for the purposes set forth in Section
21 11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
22 Illinois Municipal Code, and for the same purposes when
23 established pursuant to home rule powers;
24 (13) by a home rule municipality, after a public
25 hearing held by the corporate authorities or by a
26 committee of the corporate authorities and after approval
27 by a majority of the corporate authorities, within an
28 area designated as an enterprise zone by the municipality
29 under the Illinois Enterprise Zone Act;
30 (14) by the Illinois Sports Facilities Authority
31 for the purpose specified in Section 12 of the Illinois
32 Sports Facilities Authority Act;
33 (15) by a municipality having a population of more
34 than 2,000,000 for the purpose of acquiring the property
35 described in Section 3 of the Sports Stadium Act;
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1 (16) for a period of 18 months after July 29, 1986,
2 in any proceeding by the Board of Trustees of the
3 University of Illinois for the acquisition of land in
4 Champaign County or interests therein as a site for a
5 building or for any educational purpose;
6 (17) for a period of 2 years after July 1, 1990, by
7 a home rule municipality and a county board, upon
8 approval of a majority of the corporate authorities of
9 both the county board and the municipality, within an
10 area designated as an enterprise zone by the municipality
11 and the county board through an intergovernmental
12 agreement under the Illinois Enterprise Zone Act, when
13 the purpose of the condemnation proceeding is to acquire
14 land for the construction of an industrial harbor port,
15 and when the total amount of land to be acquired for that
16 purpose is less than 75 acres and is adjacent to the
17 Illinois River;
18 (18) by an airport authority located solely within
19 the boundaries of Madison County, Illinois, and which is
20 organized pursuant to the provisions of the Airport
21 Authorities Act, (i) for the acquisition of 160 acres, or
22 less, of land or interests therein for the purposes
23 specified in that Act which may be necessary to extend,
24 mark, and light runway 11/29 for a distance of 1600 feet
25 in length by 100 feet in width with parallel taxiway, to
26 relocate and mark County Highway 19, Madison County,
27 known as Moreland Road, to relocate the instrument
28 landing system including the approach lighting system and
29 to construct associated drainage, fencing and seeding
30 required for the foregoing project and (ii) for a period
31 of 6 months after December 28, 1989, for the acquisition
32 of 75 acres, or less, of land or interests therein for
33 the purposes specified in that Act which may be necessary
34 to extend, mark and light the south end of runway 17/35
35 at such airport;
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1 (19) by any unit of local government for a
2 permanent easement for the purpose of maintaining,
3 dredging or cleaning the Little Calumet River;
4 (20) by any unit of local government for a
5 permanent easement for the purpose of maintaining,
6 dredging or cleaning the Salt Creek in DuPage County;
7 (21) by St. Clair County, Illinois, for the
8 development of a joint use facility at Scott Air Force
9 Base;
10 (22) by the Village of Summit, Illinois, to acquire
11 land for a waste to energy plant;
12 (23) for a period of 15 months after September 7,
13 1990, by the Department of Transportation or by any unit
14 of local government under the terms of an
15 intergovernmental cooperation agreement between the
16 Department of Transportation and the unit of local
17 government for the purpose of developing aviation
18 facilities in and around Chanute Air Force Base in
19 Champaign County, Illinois;
20 (24) for a period of 1 year after December 12,
21 1990, by the City of Morris for the development of the
22 Morris Municipal Airport;
23 (25) for a period of 1 year after June 19, 1991, by
24 the Greater Rockford Airport Authority for airport
25 expansion purposes;
26 (26) for a period of 24 months after June 30, 1991,
27 by the City of Aurora for completion of an instrument
28 landing system and construction of an east-west runway at
29 the Aurora Municipal Airport;
30 (27) for the acquisition by the Metropolitan Pier
31 and Exposition Authority of property described in
32 subsection (f) of Section 5 of the Metropolitan Pier and
33 Exposition Authority Act for the purposes of providing
34 additional grounds, buildings, and facilities related to
35 the purposes of the Metropolitan Pier and Exposition
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1 Authority;
2 (28) for a period of 24 months after March 1, 1992,
3 by the Village of Wheeling and the City of Prospect
4 Heights, owners of the Palwaukee Municipal Airport, to
5 allow for the acquisition of right of way to complete the
6 realignment of Hintz Road and Wolf Road;
7 (29) for a period of one year from the effective
8 date of this amendatory Act of 1992, by the
9 Bloomington-Normal Airport Authority for airport
10 expansion purposes;
11 (30) for a period of 24 months after September 10,
12 1993, by the Cook County Highway Department and Lake
13 County Department of Transportation to allow for the
14 acquisition of necessary right-of-way for construction of
15 underpasses for Lake-Cook Road at the Chicago
16 Northwestern Railroad crossing, west of Skokie Boulevard,
17 and the Chicago, Milwaukee, St. Paul and Pacific Railroad
18 crossing, west of Waukegan Road;
19 (31) for a period of one year after December 23,
20 1993, by the City of Arcola and the City of Tuscola for
21 the development of the Arcola/Tuscola Water Transmission
22 Pipeline Project pursuant to the intergovernmental
23 agreement between the City of Arcola and the City of
24 Tuscola;
25 (32) for a period of 24 months from December 23,
26 1993, by the Village of Bensenville for the acquisition
27 of property bounded by Illinois Route 83 to the west and
28 O'Hare International Airport to the east to complete a
29 flood control project known as the Bensenville Ditch;
30 (33) for a period of 9 months after November 1,
31 1993, by the Medical Center Commission for the purpose of
32 acquiring a site for the Illinois State Police Forensic
33 Science Laboratory at Chicago, on the block bounded by
34 Roosevelt Road on the north, Wolcott Street on the east,
35 Washburn Street on the south, and Damen Avenue on the
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1 west in Chicago, Illinois;
2 (34) for a period of 36 months after July 14, 1995,
3 by White County for the acquisition of a 3 1/2 mile
4 section of Bellaire Road, which is described as follows:
5 Commencing at the Northwest Corner of the Southeast 1/4
6 of Section 28, Township 6 South, Range 10 East of the 3rd
7 Principal Meridian; thence South to a point at the
8 Southwest Corner of the Southeast 1/4 of Section 9,
9 Township 7 South, Range 10 East of the 3rd Principal
10 Meridian;
11 (35) for a period of one year after July 14, 1995,
12 by the City of Aurora for permanent and temporary
13 easements except over land adjacent to Indian Creek and
14 west of Selmarten Creek located within the City of Aurora
15 for the construction of Phase II of the Indian Creek
16 Flood Control Project;
17 (35.1) for a period beginning June 24, 1995 (the
18 day following the effective date of Public Act 89-29) and
19 ending on July 13, 1995 (the day preceding the effective
20 date of Public Act 89-134), by the City of Aurora for
21 permanent and temporary easements for the construction of
22 Phase II of the Indian Creek Flood Control Project;
23 (36) for a period of 3 years from July 14, 1995, by
24 the Grand Avenue Railroad Relocation Authority for the
25 Grand Avenue Railroad Grade Separation Project within the
26 Village of Franklin Park, Illinois;
27 (37) for a period of 3 years after July 14, 1995,
28 by the Village of Romeoville for the acquisition of
29 rights-of-way for the 135th Street Bridge Project, lying
30 within the South 1/2 of Section 34, Township 37 North,
31 Range 10 East and the South 1/2 of Section 35, Township
32 37 North, Range 10 East of the Third Principal Meridian,
33 and the North 1/2 of Section 2, Township 36 North, Range
34 10 East and the North 1/2 of Section 3, Township 36
35 North, Range 10 East of the 3rd Principal Meridian, in
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1 Will County, Illinois;
2 (37.1) for a period of 3 years after June 23, 1995,
3 by the Illinois Department of Transportation for the
4 acquisition of rights-of-way for the 135th Street Bridge
5 Project between the Des Plaines River and New Avenue
6 lying within the South 1/2 of Section 35, Township 37
7 North, Range 10 East of the Third Principal Meridian and
8 the North 1/2 of Section 2, Township 36 North, Range 10
9 East of the 3rd Principal Meridian, in Will County,
10 Illinois;
11 (38) for a period beginning June 24, 1995 (the day
12 after the effective date of Public Act 89-29) and ending
13 18 months after July 14, 1995 (the effective date of
14 Public Act 89-134), by the Anna-Jonesboro Water
15 Commission for the acquisition of land and easements for
16 improvements to its water treatment and storage
17 facilities and water transmission pipes;
18 (39) for a period of 36 months after July 14, 1995,
19 by the City of Effingham for the acquisition of property
20 which is described as follows:
21 Tract 1:
22 Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
23 THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
24 thereof recorded in Book "K", Page 769, in the Recorder's
25 Office of Effingham County), situated in the City of
26 Effingham, County of Effingham and State of Illinois.
27 Tract 2:
28 The alley lying South and adjoining Tract 1, as
29 vacated by Ordinance recorded on July 28, 1937 in Book
30 183, Page 465, and all right, title and interest in and
31 to said alley as established by the Contract for Easement
32 recorded on August 4, 1937 in Book 183, Page 472;
33 (40) for a period of one year after July 14, 1995,
34 by the Village of Palatine for the acquisition of
35 property located along the south side of Dundee Road
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1 between Rand Road and Hicks Road for redevelopment
2 purposes;
3 (41) for a period of 6 years after July 1, 1995,
4 for the acquisition by the Medical Center District of
5 property described in Section 3 of the Illinois Medical
6 District Act within the District Development Area as
7 described in Section 4 of that Act for the purposes set
8 forth in that Act;
9 (41.5) for a period of 24 months after June 21,
10 1996 by the City of Effingham, Illinois for acquisition
11 of property for the South Raney Street Improvement
12 Project Phase I;
13 (42) for a period of 3 years after June 21, 1996,
14 by the Village of Deerfield for the acquisition of
15 territory within the Deerfield Village Center, as
16 designated as of that date by the Deerfield Comprehensive
17 Plan, with the exception of that area north of Jewett
18 Park Drive (extended) between Waukegan Road and the
19 Milwaukee Railroad Tracks, for redevelopment purposes;
20 (43) for a period of 12 months after June 21, 1996,
21 by the City of Harvard for the acquisition of property
22 lying west of Harvard Hills Road of sufficient size to
23 widen the Harvard Hills Road right of way and to install
24 and maintain city utility services not more than 200 feet
25 west of the center line of Harvard Hills Road;
26 (44) for a period of 5 years after June 21, 1996,
27 by the Village of River Forest, Illinois, within the area
28 designated as a tax increment financing district when the
29 purpose of the condemnation proceeding is to acquire land
30 for any of the purposes contained in the River Forest Tax
31 Increment Financing Plan or authorized by the Tax
32 Increment Allocation Redevelopment Act, provided that
33 condemnation of any property zoned and used exclusively
34 for residential purposes shall be prohibited;
35 (45) for a period of 18 months after June 28, 1996,
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1 by the Village of Schaumburg for the acquisition of land,
2 easements, and aviation easements for the purpose of a
3 public airport in Cook and DuPage Counties; provided that
4 if any proceedings under the provisions of this Article
5 are pending on that date, "quick-take" may be utilized by
6 the Village of Schaumburg;
7 (46) for a period of one year after June 28, 1996,
8 by the City of Pinckneyville for the acquisition of land
9 and easements to provide for improvements to its water
10 treatment and storage facilities and water transmission
11 pipes, and for the construction of a sewerage treatment
12 facility and sewerage transmission pipes to serve the
13 Illinois Department of Corrections Pinckneyville
14 Correctional Facility;
15 (47) for a period of 6 months after June 28, 1996,
16 by the City of Streator for the acquisition of property
17 described as follows for a first flush basin sanitary
18 sewer system:
19 Tract 5: That part of lots 20 and 21 in Block
20 6 in Moore and Plumb's addition to the city of
21 Streator, Illinois, lying south of the right of way
22 of the switch track of the Norfolk and Western
23 Railroad (now abandoned) in the county of LaSalle,
24 state of Illinois.
25 Tract 6: That part of lots 30, 31 and 32 in
26 Block 7 in Moore and Plumb's Addition to the city of
27 Streator, Illinois, lying north of the centerline of
28 Coal Run Creek and south of the right of way of the
29 switch track of the Norfolk and Western Railroad
30 (now abandoned) in the county of LaSalle, state of
31 Illinois;
32 (48) for a period of 36 months after January 16,
33 1997 the effective date of this amendatory Act of 1996,
34 by the Bi-State Development Agency of the
35 Missouri-Illinois Metropolitan District for the
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1 acquisition of rights of way and related property
2 necessary for the construction and operation of the
3 MetroLink Light Rail System, beginning in East St. Louis,
4 Illinois, and terminating at Mid America Airport, St.
5 Clair County, Illinois;
6 (49) for a period of 2 years after January 16, 1997
7 the effective date of this amendatory Act of 1996, by the
8 Village of Schaumburg for the acquisition of
9 rights-of-way, permanent easements, and temporary
10 easements for the purpose of improving the Roselle
11 Road/Illinois Route 58/Illinois Route 72 corridor,
12 including rights-of-way along Roselle Road, Remington
13 Road, Valley Lake Drive, State Parkway, Commerce Drive,
14 Kristin Circle, and Hillcrest Boulevard, a permanent
15 easement along Roselle Road, and temporary easements
16 along Roselle Road, State Parkway, Valley Lake Drive,
17 Commerce Drive, Kristin Circle, and Hillcrest Boulevard,
18 in Cook County;.
19 (51) for a period of 12 months after the effective
20 date of this amendatory Act of 1997, by the Village of
21 Bloomingdale for utility relocations necessitated by the
22 Lake Street Improvement Project on Lake Street between
23 Glen Ellyn Road and Springfield Drive in the Village of
24 Bloomingdale;
25 (52) for a period of 36 months after the effective
26 date of this amendatory Act of 1997, by the City of
27 Freeport, owners of the Freeport Albertus Municipal
28 Airport, to allow for acquisition of any land, rights, or
29 other property lying between East Lamm Road and East
30 Borchers Road to complete realignment of South Hollywood
31 Road and to establish the necessary runway safety zone in
32 accordance with Federal Aviation Administration and
33 Illinois Department of Transportation design criteria;
34 (53) for a period of 3 years after July 1, 1997, by
35 the Village of Elmwood Park to be used only for the
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1 acquisition of commercially zoned property within the
2 area designated as the Tax Increment Redevelopment
3 Project Area by ordinance passed and approved on December
4 15, 1986, as well as to be used only for the acquisition
5 of commercially zoned property located at the northwest
6 corner of North Avenue and Harlem Avenue and commercially
7 zoned property located at the southwest corner of Harlem
8 Avenue and Armitage Avenue for redevelopment purposes, as
9 set forth in Division 74.3 of Article 11 of the Illinois
10 Municipal Code;
11 (54) for a period of 3 years after the effective
12 date of this amendatory Act of 1997, by the Village of
13 Oak Park for the acquisition of property located along
14 the south side of North Avenue between Austin Boulevard
15 and Harlem Avenue or along the north and south side of
16 Harrison Street between Austin Boulevard and Elmwood
17 Avenue, not including residentially zoned properties
18 within these areas, for commercial redevelopment goals.
19 In a proceeding subject to this Section, the plaintiff,
20 at any time after the complaint has been filed and before
21 judgment is entered in the proceeding, may file a written
22 motion requesting that, immediately or at some specified
23 later date, the plaintiff either be vested with the fee
24 simple title (or such lesser estate, interest or easement, as
25 may be required) to the real property, or specified portion
26 thereof, which is the subject of the proceeding, and be
27 authorized to take possession of and use such property; or
28 only be authorized to take possession of and to use such
29 property, if such possession and use, without the vesting of
30 title, are sufficient to permit the plaintiff to proceed with
31 the project until the final ascertainment of compensation;
32 however, no land or interests therein now or hereafter owned,
33 leased, controlled or operated and used by, or necessary for
34 the actual operation of, any common carrier engaged in
35 interstate commerce, or any other public utility subject to
-18- LRB9001319PTcwccr8
1 the jurisdiction of the Illinois Commerce Commission, shall
2 be taken or appropriated hereunder by the State of Illinois,
3 the Illinois Toll Highway Authority, the sanitary district,
4 the St. Louis Metropolitan Area Airport Authority or the
5 Board of Trustees of the University of Illinois without first
6 securing the approval of such Commission.
7 Except as hereinafter stated, the motion for taking shall
8 state: (1) an accurate description of the property to which
9 the motion relates and the estate or interest sought to be
10 acquired therein; (2) the formally adopted schedule or plan
11 of operation for the execution of the plaintiff's project;
12 (3) the situation of the property to which the motion
13 relates, with respect to the schedule or plan; (4) the
14 necessity for taking such property in the manner requested in
15 the motion; and (5) if the property (except property
16 described in Section 3 of the Sports Stadium Act or property
17 described as Site B in Section 2 of the Metropolitan Pier and
18 Exposition Authority Act) to be taken is owned, leased,
19 controlled or operated and used by, or necessary for the
20 actual operation of, any interstate common carrier or other
21 public utility subject to the jurisdiction of the Illinois
22 Commerce Commission, a statement to the effect that the
23 approval of such proposed taking has been secured from such
24 Commission, and attaching to such motion a certified copy of
25 the order of such Commission granting such approval. If the
26 schedule or plan of operation is not set forth fully in the
27 motion, a copy of such schedule or plan shall be attached to
28 the motion.
29 (Source: P.A. 88-486; 88-526; 88-670, eff. 12-2-94; 89-29,
30 eff. 6-23-95; 89-134, eff. 7-14-95; 89-343, eff. 8-17-95;
31 89-356, eff. 8-17-95; 89-445, eff. 2-7-96; 89-460, eff.
32 5-24-96; 89-494, eff. 6-21-96; 89-502, eff. 6-28-96; 89-504,
33 eff. 6-28-96; 89-592, eff. 8-1-96; 89-626, eff. 8-9-96;
34 89-699, eff. 1-16-97.)
-19- LRB9001319PTcwccr8
1 (Text of Section after amendment by P.A. 89-683)
2 Sec. 7-103. "Quick-take". This Section applies only to
3 proceedings under this Article:
4 (1) by the State of Illinois, the Illinois Toll
5 Highway Authority or the St. Louis Metropolitan Area
6 Airport Authority for the acquisition of land or
7 interests therein for highway purposes;
8 (2) (blank);
9 (3) by the Department of Commerce and Community
10 Affairs for the purpose specified in the Illinois Coal
11 Development Bond Act;
12 (4) (blank);
13 (5) for the purpose specified in the St. Louis
14 Metropolitan Area Airport Authority Act;
15 (6) for a period of 24 months after May 24, 1996,
16 by the Southwestern Illinois Development Authority
17 pursuant to the Southwestern Illinois Development
18 Authority Act;
19 (7) for a period of 3 years after December 30,
20 1987, by the Quad Cities Regional Economic Development
21 Authority (except for the acquisition of land or
22 interests therein that is farmland, or upon which is
23 situated a farm dwelling and appurtenant structures, or
24 upon which is situated a residence, or which is wholly
25 within an area that is zoned for residential use)
26 pursuant to the Quad Cities Regional Economic Development
27 Authority Act;
28 (8) by a sanitary district created under the
29 Metropolitan Water Reclamation District Act for the
30 acquisition of land or interests therein for purposes
31 specified in that Act;
32 (9) by a rail carrier within the time limitations
33 and subject to the terms and conditions set forth in
34 Section 18c-7501 of the Illinois Vehicle Code;
35 (10) for a period of 18 months after January 26,
-20- LRB9001319PTcwccr8
1 1987, for the purpose specified in Division 135 of
2 Article 11 of the Illinois Municipal Code, by a
3 commission created under Section 2 of the Water
4 Commission Act of 1985;
5 (11) by a village containing a population of less
6 than 15,000 for the purpose of acquiring property to be
7 used for a refuse derived fuel system designed to
8 generate steam and electricity, and for industrial
9 development that will utilize such steam and electricity,
10 pursuant to Section 11-19-10 of the Illinois Municipal
11 Code;
12 (12) after receiving the prior approval of the City
13 Council, by a municipality having a population of more
14 than 500,000 for the purposes set forth in Section
15 11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
16 Illinois Municipal Code, and for the same purposes when
17 established pursuant to home rule powers;
18 (13) by a home rule municipality, after a public
19 hearing held by the corporate authorities or by a
20 committee of the corporate authorities and after approval
21 by a majority of the corporate authorities, within an
22 area designated as an enterprise zone by the municipality
23 under the Illinois Enterprise Zone Act;
24 (14) by the Illinois Sports Facilities Authority
25 for the purpose specified in Section 12 of the Illinois
26 Sports Facilities Authority Act;
27 (15) by a municipality having a population of more
28 than 2,000,000 for the purpose of acquiring the property
29 described in Section 3 of the Sports Stadium Act;
30 (16) for a period of 18 months after July 29, 1986,
31 in any proceeding by the Board of Trustees of the
32 University of Illinois for the acquisition of land in
33 Champaign County or interests therein as a site for a
34 building or for any educational purpose;
35 (17) for a period of 2 years after July 1, 1990, by
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1 a home rule municipality and a county board, upon
2 approval of a majority of the corporate authorities of
3 both the county board and the municipality, within an
4 area designated as an enterprise zone by the municipality
5 and the county board through an intergovernmental
6 agreement under the Illinois Enterprise Zone Act, when
7 the purpose of the condemnation proceeding is to acquire
8 land for the construction of an industrial harbor port,
9 and when the total amount of land to be acquired for that
10 purpose is less than 75 acres and is adjacent to the
11 Illinois River;
12 (18) by an airport authority located solely within
13 the boundaries of Madison County, Illinois, and which is
14 organized pursuant to the provisions of the Airport
15 Authorities Act, (i) for the acquisition of 160 acres, or
16 less, of land or interests therein for the purposes
17 specified in that Act which may be necessary to extend,
18 mark, and light runway 11/29 for a distance of 1600 feet
19 in length by 100 feet in width with parallel taxiway, to
20 relocate and mark County Highway 19, Madison County,
21 known as Moreland Road, to relocate the instrument
22 landing system including the approach lighting system and
23 to construct associated drainage, fencing and seeding
24 required for the foregoing project and (ii) for a period
25 of 6 months after December 28, 1989, for the acquisition
26 of 75 acres, or less, of land or interests therein for
27 the purposes specified in that Act which may be necessary
28 to extend, mark and light the south end of runway 17/35
29 at such airport;
30 (19) by any unit of local government for a
31 permanent easement for the purpose of maintaining,
32 dredging or cleaning the Little Calumet River;
33 (20) by any unit of local government for a
34 permanent easement for the purpose of maintaining,
35 dredging or cleaning the Salt Creek in DuPage County;
-22- LRB9001319PTcwccr8
1 (21) by St. Clair County, Illinois, for the
2 development of a joint use facility at Scott Air Force
3 Base;
4 (22) by the Village of Summit, Illinois, to acquire
5 land for a waste to energy plant;
6 (23) for a period of 15 months after September 7,
7 1990, by the Department of Transportation or by any unit
8 of local government under the terms of an
9 intergovernmental cooperation agreement between the
10 Department of Transportation and the unit of local
11 government for the purpose of developing aviation
12 facilities in and around Chanute Air Force Base in
13 Champaign County, Illinois;
14 (24) for a period of 1 year after December 12,
15 1990, by the City of Morris for the development of the
16 Morris Municipal Airport;
17 (25) for a period of 1 year after June 19, 1991, by
18 the Greater Rockford Airport Authority for airport
19 expansion purposes;
20 (26) for a period of 24 months after June 30, 1991,
21 by the City of Aurora for completion of an instrument
22 landing system and construction of an east-west runway at
23 the Aurora Municipal Airport;
24 (27) for the acquisition by the Metropolitan Pier
25 and Exposition Authority of property described in
26 subsection (f) of Section 5 of the Metropolitan Pier and
27 Exposition Authority Act for the purposes of providing
28 additional grounds, buildings, and facilities related to
29 the purposes of the Metropolitan Pier and Exposition
30 Authority;
31 (28) for a period of 24 months after March 1, 1992,
32 by the Village of Wheeling and the City of Prospect
33 Heights, owners of the Palwaukee Municipal Airport, to
34 allow for the acquisition of right of way to complete the
35 realignment of Hintz Road and Wolf Road;
-23- LRB9001319PTcwccr8
1 (29) for a period of one year from the effective
2 date of this amendatory Act of 1992, by the
3 Bloomington-Normal Airport Authority for airport
4 expansion purposes;
5 (30) for a period of 24 months after September 10,
6 1993, by the Cook County Highway Department and Lake
7 County Department of Transportation to allow for the
8 acquisition of necessary right-of-way for construction of
9 underpasses for Lake-Cook Road at the Chicago
10 Northwestern Railroad crossing, west of Skokie Boulevard,
11 and the Chicago, Milwaukee, St. Paul and Pacific Railroad
12 crossing, west of Waukegan Road;
13 (31) for a period of one year after December 23,
14 1993, by the City of Arcola and the City of Tuscola for
15 the development of the Arcola/Tuscola Water Transmission
16 Pipeline Project pursuant to the intergovernmental
17 agreement between the City of Arcola and the City of
18 Tuscola;
19 (32) for a period of 24 months from December 23,
20 1993, by the Village of Bensenville for the acquisition
21 of property bounded by Illinois Route 83 to the west and
22 O'Hare International Airport to the east to complete a
23 flood control project known as the Bensenville Ditch;
24 (33) for a period of 9 months after November 1,
25 1993, by the Medical Center Commission for the purpose of
26 acquiring a site for the Illinois State Police Forensic
27 Science Laboratory at Chicago, on the block bounded by
28 Roosevelt Road on the north, Wolcott Street on the east,
29 Washburn Street on the south, and Damen Avenue on the
30 west in Chicago, Illinois;
31 (34) for a period of 36 months after July 14, 1995,
32 by White County for the acquisition of a 3 1/2 mile
33 section of Bellaire Road, which is described as follows:
34 Commencing at the Northwest Corner of the Southeast 1/4
35 of Section 28, Township 6 South, Range 10 East of the 3rd
-24- LRB9001319PTcwccr8
1 Principal Meridian; thence South to a point at the
2 Southwest Corner of the Southeast 1/4 of Section 9,
3 Township 7 South, Range 10 East of the 3rd Principal
4 Meridian;
5 (35) for a period of one year after July 14, 1995,
6 by the City of Aurora for permanent and temporary
7 easements except over land adjacent to Indian Creek and
8 west of Selmarten Creek located within the City of Aurora
9 for the construction of Phase II of the Indian Creek
10 Flood Control Project;
11 (35.1) for a period beginning June 24, 1995 (the
12 day following the effective date of Public Act 89-29) and
13 ending on July 13, 1995 (the day preceding the effective
14 date of Public Act 89-134), by the City of Aurora for
15 permanent and temporary easements for the construction of
16 Phase II of the Indian Creek Flood Control Project;
17 (36) for a period of 3 years from July 14, 1995, by
18 the Grand Avenue Railroad Relocation Authority for the
19 Grand Avenue Railroad Grade Separation Project within the
20 Village of Franklin Park, Illinois;
21 (37) for a period of 3 years after July 14, 1995,
22 by the Village of Romeoville for the acquisition of
23 rights-of-way for the 135th Street Bridge Project, lying
24 within the South 1/2 of Section 34, Township 37 North,
25 Range 10 East and the South 1/2 of Section 35, Township
26 37 North, Range 10 East of the Third Principal Meridian,
27 and the North 1/2 of Section 2, Township 36 North, Range
28 10 East and the North 1/2 of Section 3, Township 36
29 North, Range 10 East of the 3rd Principal Meridian, in
30 Will County, Illinois;
31 (37.1) for a period of 3 years after June 23, 1995,
32 by the Illinois Department of Transportation for the
33 acquisition of rights-of-way for the 135th Street Bridge
34 Project between the Des Plaines River and New Avenue
35 lying within the South 1/2 of Section 35, Township 37
-25- LRB9001319PTcwccr8
1 North, Range 10 East of the Third Principal Meridian and
2 the North 1/2 of Section 2, Township 36 North, Range 10
3 East of the 3rd Principal Meridian, in Will County,
4 Illinois;
5 (38) for a period beginning June 24, 1995 (the day
6 after the effective date of Public Act 89-29) and ending
7 18 months after July 14, 1995 (the effective date of
8 Public Act 89-134), by the Anna-Jonesboro Water
9 Commission for the acquisition of land and easements for
10 improvements to its water treatment and storage
11 facilities and water transmission pipes;
12 (39) for a period of 36 months after July 14, 1995,
13 by the City of Effingham for the acquisition of property
14 which is described as follows:
15 Tract 1:
16 Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
17 THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
18 thereof recorded in Book "K", Page 769, in the Recorder's
19 Office of Effingham County), situated in the City of
20 Effingham, County of Effingham and State of Illinois.
21 Tract 2:
22 The alley lying South and adjoining Tract 1, as
23 vacated by Ordinance recorded on July 28, 1937 in Book
24 183, Page 465, and all right, title and interest in and
25 to said alley as established by the Contract for Easement
26 recorded on August 4, 1937 in Book 183, Page 472;
27 (40) for a period of one year after July 14, 1995,
28 by the Village of Palatine for the acquisition of
29 property located along the south side of Dundee Road
30 between Rand Road and Hicks Road for redevelopment
31 purposes;
32 (41) for a period of 6 years after July 1, 1995,
33 for the acquisition by the Medical Center District of
34 property described in Section 3 of the Illinois Medical
35 District Act within the District Development Area as
-26- LRB9001319PTcwccr8
1 described in Section 4 of that Act for the purposes set
2 forth in that Act;
3 (41.5) for a period of 24 months after June 21,
4 1996 by the City of Effingham, Illinois for acquisition
5 of property for the South Raney Street Improvement
6 Project Phase I;
7 (42) for a period of 3 years after June 21, 1996,
8 by the Village of Deerfield for the acquisition of
9 territory within the Deerfield Village Center, as
10 designated as of that date by the Deerfield Comprehensive
11 Plan, with the exception of that area north of Jewett
12 Park Drive (extended) between Waukegan Road and the
13 Milwaukee Railroad Tracks, for redevelopment purposes;
14 (43) for a period of 12 months after June 21, 1996,
15 by the City of Harvard for the acquisition of property
16 lying west of Harvard Hills Road of sufficient size to
17 widen the Harvard Hills Road right of way and to install
18 and maintain city utility services not more than 200 feet
19 west of the center line of Harvard Hills Road;
20 (44) for a period of 5 years after June 21, 1996,
21 by the Village of River Forest, Illinois, within the area
22 designated as a tax increment financing district when the
23 purpose of the condemnation proceeding is to acquire land
24 for any of the purposes contained in the River Forest Tax
25 Increment Financing Plan or authorized by the Tax
26 Increment Allocation Redevelopment Act, provided that
27 condemnation of any property zoned and used exclusively
28 for residential purposes shall be prohibited;
29 (45) for a period of 18 months after June 28, 1996,
30 by the Village of Schaumburg for the acquisition of land,
31 easements, and aviation easements for the purpose of a
32 public airport in Cook and DuPage Counties; provided that
33 if any proceedings under the provisions of this Article
34 are pending on that date, "quick-take" may be utilized by
35 the Village of Schaumburg;
-27- LRB9001319PTcwccr8
1 (46) for a period of one year after June 28, 1996,
2 by the City of Pinckneyville for the acquisition of land
3 and easements to provide for improvements to its water
4 treatment and storage facilities and water transmission
5 pipes, and for the construction of a sewerage treatment
6 facility and sewerage transmission pipes to serve the
7 Illinois Department of Corrections Pinckneyville
8 Correctional Facility;
9 (47) for a period of 6 months after June 28, 1996,
10 by the City of Streator for the acquisition of property
11 described as follows for a first flush basin sanitary
12 sewer system:
13 Tract 5: That part of lots 20 and 21 in Block
14 6 in Moore and Plumb's addition to the city of
15 Streator, Illinois, lying south of the right of way
16 of the switch track of the Norfolk and Western
17 Railroad (now abandoned) in the county of LaSalle,
18 state of Illinois.
19 Tract 6: That part of lots 30, 31 and 32 in
20 Block 7 in Moore and Plumb's Addition to the city of
21 Streator, Illinois, lying north of the centerline of
22 Coal Run Creek and south of the right of way of the
23 switch track of the Norfolk and Western Railroad
24 (now abandoned) in the county of LaSalle, state of
25 Illinois;
26 (48) for a period of 36 months after January 16,
27 1997 the effective date of this amendatory Act of 1996,
28 by the Bi-State Development Agency of the
29 Missouri-Illinois Metropolitan District for the
30 acquisition of rights of way and related property
31 necessary for the construction and operation of the
32 MetroLink Light Rail System, beginning in East St. Louis,
33 Illinois, and terminating at Mid America Airport, St.
34 Clair County, Illinois;
35 (49) for a period of 2 years after January 16, 1997
-28- LRB9001319PTcwccr8
1 the effective date of this amendatory Act of 1996, by the
2 Village of Schaumburg for the acquisition of
3 rights-of-way, permanent easements, and temporary
4 easements for the purpose of improving the Roselle
5 Road/Illinois Route 58/Illinois Route 72 corridor,
6 including rights-of-way along Roselle Road, Remington
7 Road, Valley Lake Drive, State Parkway, Commerce Drive,
8 Kristin Circle, and Hillcrest Boulevard, a permanent
9 easement along Roselle Road, and temporary easements
10 along Roselle Road, State Parkway, Valley Lake Drive,
11 Commerce Drive, Kristin Circle, and Hillcrest Boulevard,
12 in Cook County;.
13 (50) (48) by the Department of Transportation for
14 purposes of acquiring private property as specified in
15 the Meigs Field Airport Act;.
16 (51) for a period of 12 months after the effective
17 date of this amendatory Act of 1997, by the Village of
18 Bloomingdale for utility relocations necessitated by the
19 Lake Street Improvement Project on Lake Street between
20 Glen Ellyn Road and Springfield Drive in the Village of
21 Bloomingdale;
22 (52) for a period of 36 months after the effective
23 date of this amendatory Act of 1997, by the City of
24 Freeport, owners of the Freeport Albertus Municipal
25 Airport, to allow for acquisition of any land, rights, or
26 other property lying between East Lamm Road and East
27 Borchers Road to complete realignment of South Hollywood
28 Road and to establish the necessary runway safety zone in
29 accordance with Federal Aviation Administration and
30 Illinois Department of Transportation design criteria;
31 (53) for a period of 3 years after July 1, 1997, by
32 the Village of Elmwood Park to be used only for the
33 acquisition of commercially zoned property within the
34 area designated as the Tax Increment Redevelopment
35 Project Area by ordinance passed and approved on December
-29- LRB9001319PTcwccr8
1 15, 1986, as well as to be used only for the acquisition
2 of commercially zoned property located at the northwest
3 corner of North Avenue and Harlem Avenue and commercially
4 zoned property located at the southwest corner of Harlem
5 Avenue and Armitage Avenue for redevelopment purposes, as
6 set forth in Division 74.3 of Article 11 of the Illinois
7 Municipal Code;
8 (54) for a period of 3 years after the effective
9 date of this amendatory Act of 1997, by the Village of
10 Oak Park for the acquisition of property located along
11 the south side of North Avenue between Austin Boulevard
12 and Harlem Avenue or along the north and south side of
13 Harrison Street between Austin Boulevard and Elmwood
14 Avenue, not including residentially zoned properties
15 within these areas, for commercial redevelopment goals.
16 In a proceeding subject to this Section, the plaintiff,
17 at any time after the complaint has been filed and before
18 judgment is entered in the proceeding, may file a written
19 motion requesting that, immediately or at some specified
20 later date, the plaintiff either be vested with the fee
21 simple title (or such lesser estate, interest or easement, as
22 may be required) to the real property, or specified portion
23 thereof, which is the subject of the proceeding, and be
24 authorized to take possession of and use such property; or
25 only be authorized to take possession of and to use such
26 property, if such possession and use, without the vesting of
27 title, are sufficient to permit the plaintiff to proceed with
28 the project until the final ascertainment of compensation;
29 however, no land or interests therein now or hereafter owned,
30 leased, controlled or operated and used by, or necessary for
31 the actual operation of, any common carrier engaged in
32 interstate commerce, or any other public utility subject to
33 the jurisdiction of the Illinois Commerce Commission, shall
34 be taken or appropriated hereunder by the State of Illinois,
35 the Illinois Toll Highway Authority, the sanitary district,
-30- LRB9001319PTcwccr8
1 the St. Louis Metropolitan Area Airport Authority or the
2 Board of Trustees of the University of Illinois without first
3 securing the approval of such Commission.
4 Except as hereinafter stated, the motion for taking shall
5 state: (1) an accurate description of the property to which
6 the motion relates and the estate or interest sought to be
7 acquired therein; (2) the formally adopted schedule or plan
8 of operation for the execution of the plaintiff's project;
9 (3) the situation of the property to which the motion
10 relates, with respect to the schedule or plan; (4) the
11 necessity for taking such property in the manner requested in
12 the motion; and (5) if the property (except property
13 described in Section 3 of the Sports Stadium Act, or property
14 described as Site B in Section 2 of the Metropolitan Pier and
15 Exposition Authority Act, or property that is taken as
16 provided in the Meigs Field Airport Act) to be taken is
17 owned, leased, controlled or operated and used by, or
18 necessary for the actual operation of, any interstate common
19 carrier or other public utility subject to the jurisdiction
20 of the Illinois Commerce Commission, a statement to the
21 effect that the approval of such proposed taking has been
22 secured from such Commission, and attaching to such motion a
23 certified copy of the order of such Commission granting such
24 approval. If the schedule or plan of operation is not set
25 forth fully in the motion, a copy of such schedule or plan
26 shall be attached to the motion.
27 (Source: P.A. 88-486; 88-526; 88-670, eff. 12-2-94; 89-29,
28 eff. 6-23-95; 89-134, eff. 7-14-95; 89-343, eff. 8-17-95;
29 89-356, eff. 8-17-95; 89-445, eff. 2-7-96; 89-460, eff.
30 5-24-96; 89-494, eff. 6-21-96; 89-502, eff. 6-28-96; 89-504,
31 eff. 6-28-96; 89-592, eff. 8-1-96; 89-626, eff. 8-9-96;
32 89-683, eff. 6-1-97; 89-699, eff. 1-16-97; revised 1-28-97.)
33 Section 995. No acceleration or delay. Where this Act
34 makes changes in a statute that is represented in this Act by
-31- LRB9001319PTcwccr8
1 text that is not yet or no longer in effect (for example, a
2 Section represented by multiple versions), the use of that
3 text does not accelerate or delay the taking effect of (i)
4 the changes made by this Act or (ii) provisions derived from
5 any other Public Act.
6 Section 999. Effective date. This Act takes effect upon
7 becoming law.".
8 Submitted on , 1997.
9 ______________________________ _____________________________
10 Senator Karpiel Representative Burke
11 ______________________________ _____________________________
12 Senator Klemm Representative Capparelli
13 ______________________________ _____________________________
14 Senator Petka Representative Hannig
15 ______________________________ _____________________________
16 Senator Collins Representative Churchill
17 ______________________________ _____________________________
18 Senator Demuzio Representative Cross
19 Committee for the Senate Committee for the House