093_SB1740eng

 
SB1740 Engrossed                     LRB093 03032 WGH 03049 b

 1        AN ACT concerning civil procedure.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Code of Civil  Procedure  is  amended  by
 5    changing Section 7-103 as follows:

 6        (735 ILCS 5/7-103) (from Ch. 110, par. 7-103)
 7        Sec. 7-103.  "Quick-take".
 8        (a)  This  Section applies only to proceedings under this
 9    Article that are authorized in the  Sections  following  this
10    Section and preceding Section 7-104.
11        (b)  In   a  proceeding  subject  to  this  Section,  the
12    plaintiff, at any time after the complaint has been filed and
13    before judgment is entered in  the  proceeding,  may  file  a
14    written  motion  requesting  that,  immediately  or  at  some
15    specified later date, the plaintiff either be vested with the
16    fee   simple  title  (or  such  lesser  estate,  interest  or
17    easement, as may  be  required)  to  the  real  property,  or
18    specified  portion  thereof,  which  is  the  subject  of the
19    proceeding, and be authorized to take possession of  and  use
20    such  property;  or  only be authorized to take possession of
21    and to use such property, if such possession and use, without
22    the vesting of title, are sufficient to permit the  plaintiff
23    to  proceed with the project until the final ascertainment of
24    compensation; however, no land or interests in  land  therein
25    now  or  hereafter  owned, leased, controlled or operated and
26    used by, or necessary for the actual operation of, any common
27    carrier engaged in interstate commerce, or any  other  public
28    utility  subject to the jurisdiction of the Illinois Commerce
29    Commission, shall be taken or appropriated hereunder  by  the
30    State  of  Illinois, the Illinois Toll Highway Authority, the
31    sanitary district, the St. Louis  Metropolitan  Area  Airport
 
SB1740 Engrossed            -2-      LRB093 03032 WGH 03049 b
 1    Authority  or  the  Board  of  Trustees  of the University of
 2    Illinois  without  first  securing  the  approval   of   such
 3    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)  to  be  taken  is  owned,  leased,
16    controlled  or  operated  and  used  by, or necessary for the
17    actual operation of, any interstate common carrier  or  other
18    public  utility  subject  to the jurisdiction of the Illinois
19    Commerce Commission, a  statement  to  the  effect  that  the
20    approval  of  such proposed taking has been secured from such
21    Commission, and attaching to such motion a certified copy  of
22    the  order of such Commission granting such approval.  If the
23    schedule or plan of operation is not set forth fully  in  the
24    motion,  a copy of such schedule or plan shall be attached to
25    the motion.
26    (Source: P.A. 91-357, eff.  7-29-99;  91-367,  eff.  7-30-99;
27    92-16, eff. 6-28-01.)