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91_HB3808eng HB3808 Engrossed LRB9112390WHcs 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. Private property shall 9 not be taken or damaged for public use without just 10 compensation, and in all cases in which compensation is not 11 made by the state in its corporate capacity, or a political 12 subdivision of the state, or municipality in its respective 13 corporate capacity, thesuchcompensation shall be 14 ascertained by a jury, as hereinafter prescribed. Where 15 compensation is so made by the state, a political subdivision 16 of the state, or municipality, any party upon application may 17 have a trial by jury to ascertain the just compensation to be 18 paid. TheSuchdemand on the part of the state, a political 19 subdivision of the state, or municipality, shall be filed 20 with the complaint for condemnation of the state, a political 21 subdivision of the state, or municipality. Where the state, a 22 political subdivision of the state, or municipality is 23 plaintiff, a defendant desirous of a trial by jury must file 24 a demand therefor on or before the return date of the summons 25 served on him or her or fixed in the publication in case of 26 defendants served by publication. In the event no party in 27 the condemnation action demands a trial by jury as provided 28 for by this Section, then the trial shall be before the court 29 without a jury. The right to just compensation as provided in 30 this Article applies to the owner or owners of any lawfully 31 erected off-premises outdoor advertising sign that is HB3808 Engrossed -2- LRB9112390WHcs 1 compelled to be altered or removed under this Article or any 2 other statute, or under any ordinance or regulation of any 3 municipality or other unit of local government, and also 4 applies to the owner or owners of the property on which that 5 sign is erected. The right to just compensation as provided 6 in this Article applies to property subject to a conservation 7 right under the Real Property Conservation Rights Act. The 8 amount of compensation for the taking of the property shall 9 not be diminished or reduced by virtue of the existence of 10 the conservation right. The holder of the conservation right 11 shall be entitled to just compensation for the value of the 12 conservation right. 13 (Source: P.A. 91-497, eff. 1-1-00.)