104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
HC0006
 
Introduced 1/28/2025, by Rep. John M. Cabello
 
SYNOPSIS AS INTRODUCED:
 
ILCON Art. I, Sec. 15
    Proposes to amend the Bill of Rights Article of the Illinois Constitution concerning eminent domain. Provides that private property shall not be taken or damaged without just cause for public use or without just compensation as provided by law. Provides that such compensation shall be determined by a jury as provided by law. Provides that "public use" does not include public benefits of economic development, including an increase in tax base, tax revenues, employment, blight, or general economic health. Provides that private property may not be taken for the use of or ownership by any private individual or private entity, unless that property is necessary for conducting a common carrier or utility business benefiting local residents. Provides that only government entities have the power to exercise eminent domain, and this power cannot be delegated to any private entity. Provides that, after 7 years, if private property is not used for the purpose for which it was acquired, the original owner or the owner's successors and assigns have the right of first refusal to buy the property back at the original price or current fair market value, whichever is less. Effective upon being declared adopted.


LRB104 06482 JRC 16518 e

 
HC0006LRB104 06482 JRC 16518 e

1
HOUSE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT

 
3    RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE 
4HUNDRED FOURTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE 
5SENATE CONCURRING HEREIN, that there shall be submitted to the 
6electors of the State for adoption or rejection at the general 
7election next occurring at least 6 months after the adoption 
8of this resolution a proposition to amend Section 15 of 
9Article I of the Illinois Constitution as follows:
 
10
ARTICLE I 
11
BILL OF RIGHTS

12    (ILCON Art. I, Sec. 15)
13SECTION 15. RIGHT OF EMINENT DOMAIN 
14    Private property shall not be taken or damaged without 
15just cause for public use or without just compensation as 
16provided by law. Such compensation shall be determined by a 
17jury as provided by law. For purposes of this Section, "public 
18use" does not include public benefits of economic development, 
19including an increase in tax base, tax revenues, employment, 
20blight, or general economic health. Private property shall not 
21be taken for the use of or ownership by any private individual 
22or private entity, unless that property is necessary for 
23conducting a common carrier or utility business benefiting 
 
 
HC0006- 2 -LRB104 06482 JRC 16518 e

1local residents. Only government entities have the power to 
2exercise eminent domain, and this power cannot be delegated to 
3any private entity. After 7 years, if private property is not 
4used for the purpose for which it was acquired, the original 
5owner or the owner's successors and assigns have the right of 
6first refusal to buy the property back at the original price or 
7current fair market value, whichever is less. 
8(Source: Illinois Constitution.)
 
9
SCHEDULE
10    This Constitutional Amendment takes effect upon being 
11declared adopted in accordance with Section 7 of the Illinois 
12Constitutional Amendment Act.