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91_HB4717
LRB9113886DHmb
1 AN ACT concerning acquisition of real estate by
2 railroads.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Railroad Incorporation Act is amended by
6 changing Section 17 as follows:
7 (610 ILCS 5/17) (from Ch. 114, par. 18)
8 Sec. 17. If any railroad such corporation is shall be
9 unable to agree with the owner for the purchase of any real
10 estate required for the purposes of its incorporation, or the
11 transaction of its business, or for its depots, station
12 buildings, machine and repair shops, or for mainline right of
13 way, the or any other lawful purpose connected with or
14 necessary to the building, operating or running of said road,
15 such corporation may acquire such title to that real estate
16 in the manner that may be now or hereafter provided for by
17 any law of eminent domain. Before commencing any such action,
18 the railroad corporation must obtain a certificate of public
19 convenience and necessity after a public hearing before the
20 Illinois Commerce Commission.
21 (Source: Laws 1871, p. 625.)
22 Section 10. The Illinois Vehicle Code is amended by
23 changing Section 18c-7501 as follows:
24 (625 ILCS 5/18c-7501) (from Ch. 95 1/2, par. 18c-7501)
25 Sec. 18c-7501. Eminent Domain. If any rail carrier is
26 shall be unable to agree with the owner for the purchase of
27 any real estate required for the purposes of its
28 incorporation, or the transaction of its business, or for its
29 depots, station buildings, machine and repair shops, or for
-2- LRB9113886DHmb
1 mainline right of way, the rail carrier or any other lawful
2 purpose connected with or necessary to the building,
3 operating or running of such rail carrier, such may acquire
4 such title to that real estate in the manner that may be now
5 or hereafter provided for by the law of eminent domain.
6 Before commencing any such action, the rail carrier must
7 obtain a certificate of public convenience and necessity
8 after a public hearing before the Illinois Commerce
9 Commission.
10 A rail carrier may exercise quick take powers of eminent
11 domain as provided in Article VII of the Code of Civil
12 Procedure, as now or hereafter amended, when all of the
13 following conditions are met: (1) the complaint for
14 condemnation is filed within one year of the effective date
15 of this amendatory Act of 1988; (2) the purpose of the
16 condemnation proceeding is to acquire land for the
17 construction of an industrial harbor railroad port; and (3)
18 the total amount of land to be acquired for that purpose is
19 less than 75 acres and is adjacent to the Illinois River.
20 (Source: P.A. 85-1159.)
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.