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90_HB3886
735 ILCS 5/7-103 from Ch. 110, par. 7-103
Amends the "quick-take" Section of the Code of Civil
Procedure. Provides that a unit of local government may
exercise "quick-take" powers to acquire real property or an
interest in real property only with respect to real property
lying within the limits of its territorial jurisdiction.
Provides that before the General Assembly may consider any
amendment of the Section that adds an authorization for a
unit of local government to acquire real property or an
interest in real property, (1) a petition for acquisition of
the property must be signed by 10% of the registered voters,
(2) the unit of local government must hold a public hearing
concerning the acquisition, (3) the governing body of the
unit of local government must adopt a resolution requesting
authorization to acquire the property, and (4) the unit of
local government must file with the Secretary of the Senate
and the Clerk of the House certain items, including a copy of
a resolution requesting the authorization, a legal
description of the property, an appraisal of the value of the
property, and an explanation of the public purposes sought to
be furthered by the acquisition. Provides that these changes
apply only to authorizations to acquire property that take
effect after the effective date of this amendatory Act of
1998. Effective immediately.
LRB9012280WHmg
LRB9012280WHmg
1 AN ACT to amend the Code of Civil Procedure by changing
2 Section 7-103.
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 7-103 as follows:
7 (735 ILCS 5/7-103) (from Ch. 110, par. 7-103)
8 Sec. 7-103. "Quick-take".
9 (a) This Section applies only to proceedings under this
10 Article:
11 (1) by the State of Illinois, the Illinois Toll
12 Highway Authority or the St. Louis Metropolitan Area
13 Airport Authority for the acquisition of land or
14 interests therein for highway purposes;
15 (2) (blank);
16 (3) by the Department of Commerce and Community
17 Affairs for the purpose specified in the Illinois Coal
18 Development Bond Act;
19 (4) (blank);
20 (5) for the purpose specified in the St. Louis
21 Metropolitan Area Airport Authority Act;
22 (6) for a period of 24 months after May 24, 1996,
23 by the Southwestern Illinois Development Authority
24 pursuant to the Southwestern Illinois Development
25 Authority Act;
26 (7) for a period of 3 years after December 30,
27 1987, by the Quad Cities Regional Economic Development
28 Authority (except for the acquisition of land or
29 interests therein that is farmland, or upon which is
30 situated a farm dwelling and appurtenant structures, or
31 upon which is situated a residence, or which is wholly
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1 within an area that is zoned for residential use)
2 pursuant to the Quad Cities Regional Economic Development
3 Authority Act;
4 (8) by a sanitary district created under the
5 Metropolitan Water Reclamation District Act for the
6 acquisition of land or interests therein for purposes
7 specified in that Act;
8 (9) by a rail carrier within the time limitations
9 and subject to the terms and conditions set forth in
10 Section 18c-7501 of the Illinois Vehicle Code;
11 (10) for a period of 18 months after January 26,
12 1987, for the purpose specified in Division 135 of
13 Article 11 of the Illinois Municipal Code, by a
14 commission created under Section 2 of the Water
15 Commission Act of 1985;
16 (11) by a village containing a population of less
17 than 15,000 for the purpose of acquiring property to be
18 used for a refuse derived fuel system designed to
19 generate steam and electricity, and for industrial
20 development that will utilize such steam and electricity,
21 pursuant to Section 11-19-10 of the Illinois Municipal
22 Code;
23 (12) after receiving the prior approval of the City
24 Council, by a municipality having a population of more
25 than 500,000 for the purposes set forth in Section
26 11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
27 Illinois Municipal Code, and for the same purposes when
28 established pursuant to home rule powers;
29 (13) by a home rule municipality, after a public
30 hearing held by the corporate authorities or by a
31 committee of the corporate authorities and after approval
32 by a majority of the corporate authorities, within an
33 area designated as an enterprise zone by the municipality
34 under the Illinois Enterprise Zone Act;
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1 (14) by the Illinois Sports Facilities Authority
2 for the purpose specified in Section 12 of the Illinois
3 Sports Facilities Authority Act;
4 (15) by a municipality having a population of more
5 than 2,000,000 for the purpose of acquiring the property
6 described in Section 3 of the Sports Stadium Act;
7 (16) for a period of 18 months after July 29, 1986,
8 in any proceeding by the Board of Trustees of the
9 University of Illinois for the acquisition of land in
10 Champaign County or interests therein as a site for a
11 building or for any educational purpose;
12 (17) for a period of 2 years after July 1, 1990, by
13 a home rule municipality and a county board, upon
14 approval of a majority of the corporate authorities of
15 both the county board and the municipality, within an
16 area designated as an enterprise zone by the municipality
17 and the county board through an intergovernmental
18 agreement under the Illinois Enterprise Zone Act, when
19 the purpose of the condemnation proceeding is to acquire
20 land for the construction of an industrial harbor port,
21 and when the total amount of land to be acquired for that
22 purpose is less than 75 acres and is adjacent to the
23 Illinois River;
24 (18) by an airport authority located solely within
25 the boundaries of Madison County, Illinois, and which is
26 organized pursuant to the provisions of the Airport
27 Authorities Act, (i) for the acquisition of 160 acres, or
28 less, of land or interests therein for the purposes
29 specified in that Act which may be necessary to extend,
30 mark, and light runway 11/29 for a distance of 1600 feet
31 in length by 100 feet in width with parallel taxiway, to
32 relocate and mark County Highway 19, Madison County,
33 known as Moreland Road, to relocate the instrument
34 landing system including the approach lighting system and
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1 to construct associated drainage, fencing and seeding
2 required for the foregoing project and (ii) for a period
3 of 6 months after December 28, 1989, for the acquisition
4 of 75 acres, or less, of land or interests therein for
5 the purposes specified in that Act which may be necessary
6 to extend, mark and light the south end of runway 17/35
7 at such airport;
8 (19) by any unit of local government for a
9 permanent easement for the purpose of maintaining,
10 dredging or cleaning the Little Calumet River;
11 (20) by any unit of local government for a
12 permanent easement for the purpose of maintaining,
13 dredging or cleaning the Salt Creek in DuPage County;
14 (21) by St. Clair County, Illinois, for the
15 development of a joint use facility at Scott Air Force
16 Base;
17 (22) by the Village of Summit, Illinois, to acquire
18 land for a waste to energy plant;
19 (23) for a period of 15 months after September 7,
20 1990, by the Department of Transportation or by any unit
21 of local government under the terms of an
22 intergovernmental cooperation agreement between the
23 Department of Transportation and the unit of local
24 government for the purpose of developing aviation
25 facilities in and around Chanute Air Force Base in
26 Champaign County, Illinois;
27 (24) for a period of 1 year after December 12,
28 1990, by the City of Morris for the development of the
29 Morris Municipal Airport;
30 (25) for a period of 1 year after June 19, 1991, by
31 the Greater Rockford Airport Authority for airport
32 expansion purposes;
33 (26) for a period of 24 months after June 30, 1991,
34 by the City of Aurora for completion of an instrument
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1 landing system and construction of an east-west runway at
2 the Aurora Municipal Airport;
3 (27) for the acquisition by the Metropolitan Pier
4 and Exposition Authority of property described in
5 subsection (f) of Section 5 of the Metropolitan Pier and
6 Exposition Authority Act for the purposes of providing
7 additional grounds, buildings, and facilities related to
8 the purposes of the Metropolitan Pier and Exposition
9 Authority;
10 (28) for a period of 24 months after March 1, 1992,
11 by the Village of Wheeling and the City of Prospect
12 Heights, owners of the Palwaukee Municipal Airport, to
13 allow for the acquisition of right of way to complete the
14 realignment of Hintz Road and Wolf Road;
15 (29) for a period of one year from the effective
16 date of this amendatory Act of 1992, by the
17 Bloomington-Normal Airport Authority for airport
18 expansion purposes;
19 (30) for a period of 24 months after September 10,
20 1993, by the Cook County Highway Department and Lake
21 County Department of Transportation to allow for the
22 acquisition of necessary right-of-way for construction of
23 underpasses for Lake-Cook Road at the Chicago
24 Northwestern Railroad crossing, west of Skokie Boulevard,
25 and the Chicago, Milwaukee, St. Paul and Pacific Railroad
26 crossing, west of Waukegan Road;
27 (31) for a period of one year after December 23,
28 1993, by the City of Arcola and the City of Tuscola for
29 the development of the Arcola/Tuscola Water Transmission
30 Pipeline Project pursuant to the intergovernmental
31 agreement between the City of Arcola and the City of
32 Tuscola;
33 (32) for a period of 24 months from December 23,
34 1993, by the Village of Bensenville for the acquisition
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1 of property bounded by Illinois Route 83 to the west and
2 O'Hare International Airport to the east to complete a
3 flood control project known as the Bensenville Ditch;
4 (33) for a period of 9 months after November 1,
5 1993, by the Medical Center Commission for the purpose of
6 acquiring a site for the Illinois State Police Forensic
7 Science Laboratory at Chicago, on the block bounded by
8 Roosevelt Road on the north, Wolcott Street on the east,
9 Washburn Street on the south, and Damen Avenue on the
10 west in Chicago, Illinois;
11 (34) for a period of 36 months after July 14, 1995,
12 by White County for the acquisition of a 3 1/2 mile
13 section of Bellaire Road, which is described as follows:
14 Commencing at the Northwest Corner of the Southeast 1/4
15 of Section 28, Township 6 South, Range 10 East of the 3rd
16 Principal Meridian; thence South to a point at the
17 Southwest Corner of the Southeast 1/4 of Section 9,
18 Township 7 South, Range 10 East of the 3rd Principal
19 Meridian;
20 (35) for a period of one year after July 14, 1995,
21 by the City of Aurora for permanent and temporary
22 easements except over land adjacent to Indian Creek and
23 west of Selmarten Creek located within the City of Aurora
24 for the construction of Phase II of the Indian Creek
25 Flood Control Project;
26 (35.1) for a period beginning June 24, 1995 (the
27 day following the effective date of Public Act 89-29) and
28 ending on July 13, 1995 (the day preceding the effective
29 date of Public Act 89-134), by the City of Aurora for
30 permanent and temporary easements for the construction of
31 Phase II of the Indian Creek Flood Control Project;
32 (36) for a period of 3 years from July 14, 1995, by
33 the Grand Avenue Railroad Relocation Authority for the
34 Grand Avenue Railroad Grade Separation Project within the
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1 Village of Franklin Park, Illinois;
2 (37) for a period of 3 years after July 14, 1995,
3 by the Village of Romeoville for the acquisition of
4 rights-of-way for the 135th Street Bridge Project, lying
5 within the South 1/2 of Section 34, Township 37 North,
6 Range 10 East and the South 1/2 of Section 35, Township
7 37 North, Range 10 East of the Third Principal Meridian,
8 and the North 1/2 of Section 2, Township 36 North, Range
9 10 East and the North 1/2 of Section 3, Township 36
10 North, Range 10 East of the 3rd Principal Meridian, in
11 Will County, Illinois;
12 (37.1) for a period of 3 years after June 23, 1995,
13 by the Illinois Department of Transportation for the
14 acquisition of rights-of-way for the 135th Street Bridge
15 Project between the Des Plaines River and New Avenue
16 lying within the South 1/2 of Section 35, Township 37
17 North, Range 10 East of the Third Principal Meridian and
18 the North 1/2 of Section 2, Township 36 North, Range 10
19 East of the 3rd Principal Meridian, in Will County,
20 Illinois;
21 (38) for a period beginning June 24, 1995 (the day
22 after the effective date of Public Act 89-29) and ending
23 18 months after July 14, 1995 (the effective date of
24 Public Act 89-134), by the Anna-Jonesboro Water
25 Commission for the acquisition of land and easements for
26 improvements to its water treatment and storage
27 facilities and water transmission pipes;
28 (39) for a period of 36 months after July 14, 1995,
29 by the City of Effingham for the acquisition of property
30 which is described as follows:
31 Tract 1:
32 Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
33 THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
34 thereof recorded in Book "K", Page 769, in the Recorder's
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1 Office of Effingham County), situated in the City of
2 Effingham, County of Effingham and State of Illinois.
3 Tract 2:
4 The alley lying South and adjoining Tract 1, as
5 vacated by Ordinance recorded on July 28, 1937 in Book
6 183, Page 465, and all right, title and interest in and
7 to said alley as established by the Contract for Easement
8 recorded on August 4, 1937 in Book 183, Page 472;
9 (40) for a period of one year after July 14, 1995,
10 by the Village of Palatine for the acquisition of
11 property located along the south side of Dundee Road
12 between Rand Road and Hicks Road for redevelopment
13 purposes;
14 (41) for a period of 6 years after July 1, 1995,
15 for the acquisition by the Medical Center District of
16 property described in Section 3 of the Illinois Medical
17 District Act within the District Development Area as
18 described in Section 4 of that Act for the purposes set
19 forth in that Act;
20 (41.5) for a period of 24 months after June 21,
21 1996 by the City of Effingham, Illinois for acquisition
22 of property for the South Raney Street Improvement
23 Project Phase I;
24 (42) for a period of 3 years after June 21, 1996,
25 by the Village of Deerfield for the acquisition of
26 territory within the Deerfield Village Center, as
27 designated as of that date by the Deerfield Comprehensive
28 Plan, with the exception of that area north of Jewett
29 Park Drive (extended) between Waukegan Road and the
30 Milwaukee Railroad Tracks, for redevelopment purposes;
31 (43) for a period of 12 months after June 21, 1996,
32 by the City of Harvard for the acquisition of property
33 lying west of Harvard Hills Road of sufficient size to
34 widen the Harvard Hills Road right of way and to install
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1 and maintain city utility services not more than 200 feet
2 west of the center line of Harvard Hills Road;
3 (44) for a period of 5 years after June 21, 1996,
4 by the Village of River Forest, Illinois, within the area
5 designated as a tax increment financing district when the
6 purpose of the condemnation proceeding is to acquire land
7 for any of the purposes contained in the River Forest Tax
8 Increment Financing Plan or authorized by the Tax
9 Increment Allocation Redevelopment Act, provided that
10 condemnation of any property zoned and used exclusively
11 for residential purposes shall be prohibited;
12 (45) for a period of 18 months after June 28, 1996,
13 by the Village of Schaumburg for the acquisition of land,
14 easements, and aviation easements for the purpose of a
15 public airport in Cook and DuPage Counties; provided that
16 if any proceedings under the provisions of this Article
17 are pending on that date, "quick-take" may be utilized by
18 the Village of Schaumburg;
19 (46) for a period of one year after June 28, 1996,
20 by the City of Pinckneyville for the acquisition of land
21 and easements to provide for improvements to its water
22 treatment and storage facilities and water transmission
23 pipes, and for the construction of a sewerage treatment
24 facility and sewerage transmission pipes to serve the
25 Illinois Department of Corrections Pinckneyville
26 Correctional Facility;
27 (47) for a period of 6 months after June 28, 1996,
28 by the City of Streator for the acquisition of property
29 described as follows for a first flush basin sanitary
30 sewer system:
31 Tract 5: That part of lots 20 and 21 in Block
32 6 in Moore and Plumb's addition to the city of
33 Streator, Illinois, lying south of the right of way
34 of the switch track of the Norfolk and Western
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1 Railroad (now abandoned) in the county of LaSalle,
2 state of Illinois;
3 Tract 6: That part of lots 30, 31 and 32 in
4 Block 7 in Moore and Plumb's Addition to the city of
5 Streator, Illinois, lying north of the centerline of
6 Coal Run Creek and south of the right of way of the
7 switch track of the Norfolk and Western Railroad
8 (now abandoned) in the county of LaSalle, state of
9 Illinois;
10 (48) for a period of 36 months after January 16,
11 1997, by the Bi-State Development Agency of the
12 Missouri-Illinois Metropolitan District for the
13 acquisition of rights of way and related property
14 necessary for the construction and operation of the
15 MetroLink Light Rail System, beginning in East St. Louis,
16 Illinois, and terminating at Mid America Airport, St.
17 Clair County, Illinois;
18 (49) for a period of 2 years after January 16,
19 1997, by the Village of Schaumburg for the acquisition of
20 rights-of-way, permanent easements, and temporary
21 easements for the purpose of improving the Roselle
22 Road/Illinois Route 58/Illinois Route 72 corridor,
23 including rights-of-way along Roselle Road, Remington
24 Road, Valley Lake Drive, State Parkway, Commerce Drive,
25 Kristin Circle, and Hillcrest Boulevard, a permanent
26 easement along Roselle Road, and temporary easements
27 along Roselle Road, State Parkway, Valley Lake Drive,
28 Commerce Drive, Kristin Circle, and Hillcrest Boulevard,
29 in Cook County;
30 (50) (blank);
31 (51) for a period of 12 months after July 25, 1997
32 the effective date of this amendatory Act of 1997, by the
33 Village of Bloomingdale for utility relocations
34 necessitated by the Lake Street Improvement Project on
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1 Lake Street between Glen Ellyn Road and Springfield Drive
2 in the Village of Bloomingdale;
3 (52) for a period of 36 months after July 25, 1997
4 the effective date of this amendatory Act of 1997, by the
5 City of Freeport, owners of the Freeport Albertus
6 Municipal Airport, to allow for acquisition of any land,
7 rights, or other property lying between East Lamm Road
8 and East Borchers Road to complete realignment of South
9 Hollywood Road and to establish the necessary runway
10 safety zone in accordance with Federal Aviation
11 Administration and Illinois Department of Transportation
12 design criteria;
13 (53) for a period of 3 years after July 1, 1997, by
14 the Village of Elmwood Park to be used only for the
15 acquisition of commercially zoned property within the
16 area designated as the Tax Increment Redevelopment
17 Project Area by ordinance passed and approved on December
18 15, 1986, as well as to be used only for the acquisition
19 of commercially zoned property located at the northwest
20 corner of North Avenue and Harlem Avenue and commercially
21 zoned property located at the southwest corner of Harlem
22 Avenue and Armitage Avenue for redevelopment purposes, as
23 set forth in Division 74.3 of Article 11 of the Illinois
24 Municipal Code;
25 (54) for a period of 3 years after July 25, 1997
26 the effective date of this amendatory Act of 1997, by the
27 Village of Oak Park for the acquisition of property
28 located along the south side of North Avenue between
29 Austin Boulevard and Harlem Avenue or along the north and
30 south side of Harrison Street between Austin Boulevard
31 and Elmwood Avenue, not including residentially zoned
32 properties within these areas, for commercial
33 redevelopment goals;.
34 (54.1) (53) for a period of 3 years after August
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1 14, 1997 the effective date of this amendatory Act of
2 1997, by the Village of Oak Park for the acquisition of
3 property within the areas designated as the Greater
4 Downtown Area Tax Increment Financing District, the
5 Harlem/Garfield Tax Increment Financing District, and the
6 Madison Street Tax Increment Financing District, not
7 including residentially zoned properties within these
8 areas, for commercial redevelopment goals;
9 (54.2) (54) for a period of 3 years after August
10 14, 1997 the effective date of this amendatory Act of
11 1997, by the Village of Oak Park for the acquisition of
12 property within the areas designated as the North Avenue
13 Commercial Strip and the Harrison Street Business Area,
14 not including residentially zoned properties within these
15 areas, for commercial redevelopment goals;
16 (55) (51) for a period of 3 years after August 14,
17 1997 the effective date of this amendatory Act of 1997 by
18 the Village of Morton Grove, within the area designated
19 as the Waukegan Road Tax Increment Financing District to
20 be used only for acquiring commercially zoned properties
21 located on Waukegan Road for tax increment redevelopment
22 projects contained in the redevelopment plan for the
23 area;
24 (56) (52) For a period of 2 years after August 14,
25 1997 the effective date of this amendatory Act of 1997,
26 by the Village of Rosemont for the acquisition of the
27 property described as Tract 1, and the acquisition of any
28 leasehold interest of the property described as Tract 2,
29 both described as follows:
30 Tract 1
31 PARCEL 1:
32 THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP
33 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
34 DESCRIBED AS FOLLOWS:
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1 COMMENCING AT THE INTERSECTION OF A LINE 50.00 FEET, AS
2 MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE
3 SOUTH LINE OF SAID SOUTHWEST 1/4 WITH A LINE 484.69
4 FEET, AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL
5 WITH THE WEST LINE OF SAID SOUTHWEST 1/4 (THE WEST LINE
6 OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF NORTH
7 00 DEGREES 00 MINUTES 00 SECONDS EAST FOR THIS LEGAL
8 DESCRIPTION); THENCE NORTH 00 DEGREES 00 MINUTES 00
9 SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE,
10 427.26 FEET TO A POINT FOR A PLACE OF BEGINNING; THENCE
11 CONTINUING NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST
12 ALONG SAID LAST DESCRIBED PARALLEL LINE, 251.92 FEET;
13 THENCE NORTH 45 DEGREES 00 MINUTES 00 SECONDS EAST,
14 32.53 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00
15 SECONDS EAST, 53.70 FEET; THENCE SOUTH 72 DEGREES 34
16 MINUTES 18 SECONDS EAST, 149.63 FEET; THENCE SOUTH 00
17 DEGREES 00 MINUTES 00 SECONDS WEST, 230.11 FEET; THENCE
18 SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 219.46 FEET,
19 TO THE POINT OF BEGINNING IN COOK COUNTY, ILLINOIS.
20 PARCEL 2:
21 THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP
22 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
23 DESCRIBED AS FOLLOWS:
24 COMMENCING AT THE INTERSECTION OF A LINE 50.00 FEET, AS
25 MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE
26 SOUTH LINE OF SAID SOUTHWEST 1/4 WITH A LINE 484.69
27 FEET, AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL
28 WITH THE WEST LINE OF SAID SOUTHWEST 1/4 (THE WEST LINE
29 OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF NORTH
30 00 DEGREES, 00 MINUTES, 00 SECONDS EAST FOR THIS LEGAL
31 DESCRIPTION); THENCE NORTH 00 DEGREES, 00 MINUTES, 00
32 SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE,
33 153.00 FEET; THENCE NORTH 90 DEGREES, 00 MINUTES, 00
34 SECONDS EAST, 89.18 FEET; THENCE NORTH 00 DEGREES, 00
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1 MINUTES, 00 SECONDS EAST, 48.68 FEET; THENCE NORTH 90
2 DEGREES, 00 MINUTES, 00 SECONDS EAST, 43.53 FEET; THENCE
3 SOUTH 00 DEGREES, 00 MINUTES, 00 SECONDS EAST, 8.00 FEET;
4 THENCE NORTH 90 DEGREES, 00 MINUTES, 00 SECONDS EAST,
5 44.23 FEET; THENCE NORTH 45 DEGREES, 00 MINUTES, 00
6 SECONDS EAST, 60.13 FEET; THENCE NORTH 00 DEGREES, 00
7 MINUTES, 00 SECONDS EAST, 141.06 FEET TO A POINT FOR A
8 PLACE OF BEGINNING, SAID POINT BEING 447.18 FEET NORTH
9 AND 704.15 FEET EAST OF THE SOUTHWEST CORNER OF THE
10 SOUTHWEST 1/4 OF SAID SECTION 33, AS MEASURED ALONG THE
11 WEST LINE OF SAID SOUTHWEST 1/4 AND ALONG A LINE AT RIGHT
12 ANGLES THERETO; THENCE NORTH 00 DEGREES, 00 MINUTES, 00
13 SECONDS EAST, 280.11 FEET; THENCE NORTH 72 DEGREES, 34
14 MINUTES, 18 SECONDS WEST, 149.63 FEET; THENCE SOUTH 90
15 DEGREES, 00 MINUTES, 00 SECONDS WEST, 53.70 FEET; THENCE
16 SOUTH 45 DEGREES, 00 MINUTES, 00 SECONDS WEST, 32.53 FEET
17 TO A POINT ON A LINE 484.69 FEET, AS MEASURED AT RIGHT
18 ANGLES, EAST OF AND PARALLEL WITH THE WEST LINE OF SAID
19 SOUTHWEST 1/4, SAID POINT BEING 679.18 FEET, AS MEASURED
20 ALONG SAID PARALLEL LINE, NORTH OF THE AFOREDESCRIBED
21 POINT OF COMMENCEMENT; THENCE NORTH 00 DEGREES, 00
22 MINUTES, 00 SECONDS EAST ALONG SAID LAST DESCRIBED
23 PARALLEL LINE, 158.10 FEET; THENCE NORTH 39 DEGREES, 39
24 MINUTES, 24 SECONDS EAST, 27.09 FEET TO AN INTERSECTION
25 WITH THE SOUTHERLY LINE OF HIGGINS ROAD, BEING A LINE
26 50.00 FEET, AS MEASURED AT RIGHT ANGLES, SOUTHERLY OF
27 AND PARALLEL WITH THE CENTER LINE OF SAID ROAD; THENCE
28 SOUTH 72 DEGREES, 34 MINUTES, 18 SECONDS EAST ALONG SAID
29 LAST DESCRIBED SOUTHERLY LINE, 382.55 FEET TO AN
30 INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF THE
31 MINNEAPOLIS, ST. PAUL AND SAULT STE. MARIE RAILROAD
32 (FORMERLY THE CHICAGO AND WISCONSIN RAILROAD); THENCE
33 SOUTH 14 DEGREES, 51 MINUTES, 36 SECONDS EAST ALONG SAID
34 LAST DESCRIBED WESTERLY LINE, 378.97 FEET; THENCE SOUTH
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1 90 DEGREES, 00 MINUTES, 00 SECONDS WEST, 260.00 FEET TO
2 THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS.
3 Generally comprising approximately 3.8 acres along
4 the south side of Higgins Road, East of Mannheim Road.
5 Tract 2
6 PARCEL 1:
7 Any leasehold interest of any portion of the
8 property legally described as follows:
9 THAT PART OF THE EAST 8 ACRES OF LOT 2 IN FREDERICK
10 JOSS'S JOSS92S DIVISION OF LAND IN SECTION 9, TOWNSHIP 40
11 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN
12 (EXCEPT THE NORTH 500 FEET THEREOF AS MEASURED ON THE
13 EAST LINE) LYING EASTERLY OF THE FOLLOWING DESCRIBED
14 LINE: BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT
15 2, 19.07 FEET WEST OF THE NORTHEAST CORNER THEREOF;
16 THENCE SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 73
17 DEGREES 46 MINUTES 40 SECONDS (AS MEASURED FROM WEST TO
18 SOUTHWEST) WITH THE AFORESAID NORTH LINE OF LOT 2, A
19 DISTANCE OF 626.69 FEET TO A POINT; THENCE SOUTHEASTERLY
20 ALONG A LINE FORMING AN ANGLE OF 20 DEGREES 58 MINUTES
21 25 SECONDS (AS MEASURED TO THE LEFT) WITH A PROLONGATION
22 OF THE LAST DESCRIBED COURSE A DISTANCE OF 721.92 FEET
23 TO A POINT IN THE SOUTH LINE OF SAID LOT WHICH IS 85.31
24 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 2,
25 EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PREMISES:
26 THE SOUTH 50 FEET OF LOT 2 LYING EAST OF THE FOLLOWING
27 DESCRIBED LINE; BEGINNING AT A POINT IN THE SOUTH LINE
28 OF LOT 2, WHICH IS 85.31 FEET WEST OF THE SOUTHEAST
29 CORNER OF SAID LOT; THENCE NORTHERLY ON A LINE WHICH
30 FORMS AN ANGLE OF 85 DEGREES 13 MINUTES 25 SECONDS IN
31 THE NORTHWEST 1/4 WITH SAID LAST DESCRIBED LINE IN
32 FREDERICK JOSS'S JOSS92S DIVISION OF LANDS IN THE
33 NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 40 NORTH, RANGE 12
34 EAST OF THE THIRD PRINCIPAL MERIDIAN.
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1 PARCEL 2:
2 Plus any rights of ingress and egress which the said
3 holder of the leasehold interest may have pursuant to
4 the following described easement:
5 GRANT OF EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED
6 BY GRANT FROM FRACAP SHEET METAL MANUFACTURING COMPANY,
7 INC. TO JUNE WEBER POLLY DATED NOVEMBER 16, 1970 AND
8 RECORDED APRIL 7, 1971 AS DOCUMENT 21442818 FOR
9 PASSAGEWAY OVER THE EAST 20 FEET AS MEASURED AT RIGHT
10 ANGLES TO THE EAST LINE THEREOF OF THE NORTH 500 FEET OF
11 THAT PART OF THE EAST 8 ACRES OF LOT 2 IN FREDERICK
12 JOSS'S JOSS92S DIVISION OF LAND IN SECTION 9, TOWNSHIP
13 40 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN,
14 LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE:
15 BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 2,
16 19.07 FEET WEST OF THE NORTHEAST CORNER THEREOF; THENCE
17 SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 73
18 DEGREES 46 MINUTES 40 SECONDS (AS MEASURED FROM WEST TO
19 SOUTHWEST) WITH THE AFORESAID NORTH LINE OF LOT 2, A
20 DISTANCE OF 626.69 FEET TO A POINT; THENCE SOUTHEASTERLY
21 ALONG A LINE FORMING AN ANGLE OF 20 DEGREES 58 MINUTES
22 25 SECONDS (AS MEASURED TO THE LEFT) WITH A PROLONGATION
23 OF THE LAST DESCRIBED COURSE A DISTANCE OF 721.92 FEET
24 TO A POINT IN THE SOUTH LINE OF SAID LOT 2, WHICH IS
25 85.31 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 2,
26 IN COOK COUNTY, ILLINOIS;
27 (57) (55) for a period of 24 months from August 14,
28 1997 the effective date of this amendatory Act of 1997,
29 by the City of Champaign for the acquisition of land and
30 easements in and adjacent to the City of Champaign for
31 the improvement of Windsor Road and Duncan Road and for
32 the construction of the Boneyard Creek Improvement
33 Project.
34 (b) A unit of local government may exercise "quick-take"
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1 powers to acquire real property or an interest in real
2 property under this Section only with respect to real
3 property lying within the limits of its territorial
4 jurisdiction. Before the General Assembly may consider any
5 amendment of this Section that adds an authorization for a
6 unit of local government to acquire real property or an
7 interest in real property under this Section, all of the
8 following must occur:
9 (1) A petition requesting authorization for the
10 unit of local government to acquire the property or
11 interest in property under this Section must be signed by
12 at least 10% of the persons registered to vote in the
13 territory subject to the unit of local government's
14 jurisdiction and must be filed with the clerk of the unit
15 of local government (in the case of a municipality) or
16 the county clerk (in the case of a unit of local
17 government other than a municipality).
18 (2) After a petition is filed under paragraph (1),
19 the governing body of the unit of local government shall
20 then hold at least one public hearing on the matter of
21 the proposed acquisition. The governing body must give
22 notice of the hearing by publication in a newspaper
23 published in the territory under the jurisdiction of the
24 unit of local government or, if no newspaper is published
25 in that territory, in a newspaper of general circulation
26 in that territory. At the hearing the governing body
27 shall give members of the public an opportunity to ask
28 questions and offer comments orally or in writing or
29 both.
30 (3) After the conclusion of the public hearing
31 process required under paragraph (2), and not on the same
32 day as a hearing conducted under that paragraph, the
33 governing body of the unit of local government shall
34 adopt by recorded vote a resolution requesting an
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1 authorization to acquire the property or interest in
2 property under this Section.
3 (4) After adopting a resolution under paragraph
4 (3), the governing body of the unit of local government
5 shall file with the Secretary of the Senate and the Clerk
6 of the House of Representatives all of the following:
7 (A) A copy of the resolution.
8 (B) The legal description of the property or
9 interest in property sought to be acquired under
10 this Section.
11 (C) An appraisal of the fair market value of
12 the property or interest in property sought to be
13 acquired by the unit of local government. The
14 appraisal must be prepared by an independent
15 qualified real estate appraiser.
16 (D) An explanation of the public purposes that
17 the unit of local government intends to further by
18 the acquisition of the property or interest in
19 property.
20 The changes made by this amendatory Act of 1998 apply
21 only to authorizations to acquire real property or an
22 interest in real property under this Section that take effect
23 after the effective date of this amendatory Act of 1998.
24 (c) In a proceeding subject to this Section, the
25 plaintiff, at any time after the complaint has been filed and
26 before judgment is entered in the proceeding, may file a
27 written motion requesting that, immediately or at some
28 specified later date, the plaintiff either be vested with the
29 fee simple title (or such lesser estate, interest or
30 easement, as may be required) to the real property, or
31 specified portion thereof, which is the subject of the
32 proceeding, and be authorized to take possession of and use
33 such property; or only be authorized to take possession of
34 and to use such property, if such possession and use, without
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1 the vesting of title, are sufficient to permit the plaintiff
2 to proceed with the project until the final ascertainment of
3 compensation; however, no land or interests therein now or
4 hereafter owned, leased, controlled or operated and used by,
5 or necessary for the actual operation of, any common carrier
6 engaged in interstate commerce, or any other public utility
7 subject to the jurisdiction of the Illinois Commerce
8 Commission, shall be taken or appropriated hereunder by the
9 State of Illinois, the Illinois Toll Highway Authority, the
10 sanitary district, the St. Louis Metropolitan Area Airport
11 Authority or the Board of Trustees of the University of
12 Illinois without first securing the approval of such
13 Commission.
14 Except as hereinafter stated, the motion for taking shall
15 state: (1) an accurate description of the property to which
16 the motion relates and the estate or interest sought to be
17 acquired therein; (2) the formally adopted schedule or plan
18 of operation for the execution of the plaintiff's project;
19 (3) the situation of the property to which the motion
20 relates, with respect to the schedule or plan; (4) the
21 necessity for taking such property in the manner requested in
22 the motion; and (5) if the property (except property
23 described in Section 3 of the Sports Stadium Act, or property
24 described as Site B in Section 2 of the Metropolitan Pier and
25 Exposition Authority Act) to be taken is owned, leased,
26 controlled or operated and used by, or necessary for the
27 actual operation of, any interstate common carrier or other
28 public utility subject to the jurisdiction of the Illinois
29 Commerce Commission, a statement to the effect that the
30 approval of such proposed taking has been secured from such
31 Commission, and attaching to such motion a certified copy of
32 the order of such Commission granting such approval. If the
33 schedule or plan of operation is not set forth fully in the
34 motion, a copy of such schedule or plan shall be attached to
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1 the motion.
2 (Source: P.A. 89-29, eff. 6-23-95; 89-134, eff. 7-14-95;
3 89-343, eff. 8-17-95; 89-356, eff. 8-17-95; 89-445, eff.
4 2-7-96; 89-460, eff. 5-24-96; 89-494, eff. 6-21-96; 89-502,
5 eff. 6-28-96; 89-504, eff. 6-28-96; 89-592, eff. 8-1-96;
6 89-626, eff. 8-9-96; 89-683, eff. 6-1-97; 89-699, eff.
7 1-16-97; 90-6, eff. 6-3-97; 90-14, eff. 7-1-97; 90-232, eff.
8 7-25-97; 90-370, eff. 8-14-97; revised 9-29-97.)
9 Section 99. Effective date. This Act takes effect upon
10 becoming law.