94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4091


 
Introduced 7/7/2005, by Rep. Eileen Lyons - Ron Stephens - Bill Mitchell - Jim Sacia - Ruth Munson, et al.
 
SYNOPSIS AS INTRODUCED:
 		













5 ILCS 70/10 new










    Amends the Statute on Statutes. Requires all takings under the power of eminent domain to be for a "qualified public use". Provides that   it is a "qualified public use" to exercise the power of eminent domain for the acquisition of property for public ownership and control. Prohibits the exercise of the power of eminent domain for private ownership or control, including for economic development, unless it is specifically and expressly authorized by law by the General Assembly. Preempts home rule powers. Effective immediately.
















LRB094 12803 MKM 47647 b

















FISCAL NOTE ACT MAY APPLY


HOME RULE NOTE ACT MAY APPLY


HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB4091

LRB094 12803 MKM 47647 b






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    AN ACT concerning government.

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


 
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    Section 5. The Statute on Statutes is amended  by adding 
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Section 10 as follows:
 
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    (5 ILCS 70/10  new)
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    Sec. 10. Exercise of the power of eminent domain; qualified 
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public use.
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    (a) Neither the State, a unit of local government, nor a 
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school district may take or damage property by the exercise of 
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the power of eminent domain unless it is for a "qualified 
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public use", as defined under this Section.
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    (b) It is a "qualified public use" to exercise the power of 
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eminent domain for the acquisition of property (i) for public 
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ownership and control by the State, a unit of local government, 
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a school district, or any combination of those entities and 
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(ii) for a public purpose. It is not a "qualified public use", 
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however, to exercise the power of eminent domain to acquire 
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property for private ownership or control, including for  
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economic development, unless acquisition of property for 
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private ownership or control is (i) for a public purpose and 
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(ii) specifically and expressly authorized by law enacted by 
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the General Assembly on, before, or after the effective date of 
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this amendatory Act of the 94th General Assembly.
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    (c) "Private ownership or control" shall be liberally 
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construed to prevent the use of long-term leases, options to 
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purchase, and other mechanisms intended to defeat the purpose 
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of this Section, which is to limit the acquisition of property 
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by eminent domain when it is primarily for the benefit and use 
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of private entities.

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    (d) This Section is a limitation on the exercise of the 
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power of eminent domain, but  is not an independent grant of 
 


 






HB4091
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authority to exercise the power of eminent domain.
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    (e) The authorization of the use of eminent domain 
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proceedings to take or damage property is an exclusive power 
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and function of the State. Neither the State, a unit of local 
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government, including a  home rule unit, nor a school district 
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may exercise the power of eminent domain otherwise than as 
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provided in this Section. This Section is a denial and 
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limitation of home rule powers and functions under subsection 
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(h) of Section 6 of Article VII of the Illinois Constitution.
 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.