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91_HB2664
LRB9104164DJcd
1 AN ACT to amend the Code of Civil Procedure by changing
2 Section 7-101.
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 7-101 as follows:
7 (735 ILCS 5/7-101) (from Ch. 110, par. 7-101)
8 Sec. 7-101. Compensation; jury.
9 (a) Private property shall not be taken or damaged for
10 public use without just compensation, and in all cases in
11 which compensation is not made by the state in its corporate
12 capacity, or a political subdivision of the state, or
13 municipality in its respective corporate capacity, such
14 compensation shall be ascertained by a jury, as hereinafter
15 prescribed.
16 (b) Where compensation is so made by the state, a
17 political subdivision of the state, or municipality, any
18 party upon application may have a trial by jury to ascertain
19 the just compensation to be paid. Such demand on the part of
20 the state, a political subdivision of the state, or
21 municipality, shall be filed with the complaint for
22 condemnation of the state, a political subdivision of the
23 state, or municipality. Where the state, a political
24 subdivision of the state, or municipality is plaintiff, a
25 defendant desirous of a trial by jury must file a demand
26 therefor on or before the return date of the summons served
27 on him or her or fixed in the publication in case of
28 defendants served by publication. In the event no party in
29 the condemnation action demands a trial by jury as provided
30 for by this Section, then the trial shall be before the court
31 without a jury.
-2- LRB9104164DJcd
1 (c) The right to just compensation as provided in this
2 Article applies to the owner or owners of any lawfully
3 erected off-premises outdoor advertising sign that is
4 compelled to be altered or removed under this Article or any
5 other statute, or under any ordinance or regulation of any
6 municipality or other unit of local government, and also
7 applies to the owner or owners of the property on which that
8 sign is erected.
9 (Source: P.A. 87-1205.)