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91_SB0026eng SB26 Engrossed LRB9101069SMtm 1 AN ACT regarding property, which may be referred to as 2 the Property Owners Protection Amendments of 1999. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Downstate Forest Preserve District Act is 6 amended by changing Section 6 as follows: 7 (70 ILCS 805/6) (from Ch. 96 1/2, par. 6309) 8 Sec. 6. Any such District shall have power to acquire 9 lands and grounds for the aforesaid purposes by lease, or in 10 fee simple by gift, grant, legacy, purchase or condemnation, 11 or to acquire easements in land, and to construct, lay out, 12 improve and maintain wells, power plants, comfort stations, 13 shelter houses, paths, driveways, public roads, roadways and 14 other improvements and facilities in and through such forest 15 preserves as they shall deem necessary or desirable for the 16 use of such forest preserves by the public and may acquire, 17 develop, improve and maintain waterways in conjunction with 18 the district. No districtwith a population less than 600,00019shall have the power to purchase, condemn, lease or acquire 20 an easement in property within a municipality without the 21 concurrence of the governing body of the municipality, except 22 where such district is acquiring land for a linear park or 23 trail not to exceed 100 yards in width or is acquiring land 24 contiguous to that Districtan existing park or forest25preserve, and no municipality shall annex any land for the 26 purpose of defeating a District acquisition once the District 27 has given notice of intent to acquire a specified parcel of 28 land. No districtwith a population of less than 500,00029 shall (i) have the power to condemn property for a linear 30 park or trail within a municipality without the concurrence 31 of the governing body of the municipality or (ii) have the SB26 Engrossed -2- LRB9101069SMtm 1 power to condemn property for a linear park or trail in an 2 unincorporated area without the concurrence of the governing 3 body of the township within which the property is located or 4 (iii) once having commenced a proceeding to acquire land by 5 condemnation, dismiss or abandon that proceeding without the 6 consent of the property owners. No district shall establish a 7 trail surface within 50 feet of an occupied dwelling which 8 was in existence prior to the approval of the acquisition by 9 the district without obtaining permission of the owners of 10 the premises or the concurrence of the governing body of the 11 municipality or township within which the property is 12 located. All acquisitions of land by a districtwith a13population less than 600,000within 1 1/2 miles of a 14 municipality shall be preceded by a conference with the mayor 15 or president of the municipality or his designated agent. If 16 a forest preserve district is in negotiations for acquisition 17 of land with owners of land adjacent to a municipality, the 18 annexation of that land shall be deferred for 6 months. The 19 district shall have no power to acquire an interest in real 20 estate situated outside the district by the exercise of the 21 right of eminent domain, by purchase or by lease, but shall 22 have the power to acquire any such property, or an easement 23 in any such property, which is contiguous to the district by 24 gift, legacy, or grant, subject to approval of the county 25 board of the county, and of any forest preserve district or 26 conservation district, within which the property is located. 27 The district shall have the same control of and power over 28 land, an interest in which it has so acquired, as over forest 29 preserves within the district. If any of the powers to 30 acquire lands and hold or improve the same given to Forest 31 Preserve Districts, by Sections 5 and 6 of this Act should be 32 held invalid, such invalidity shall not invalidate the 33 remainder of this Act or any of the other powers herein given 34 and conferred upon the Forest Preserve Districts. Such Forest SB26 Engrossed -3- LRB9101069SMtm 1 Preserve Districts shall also have power to lease not to 2 exceed 40 acres of the lands and grounds acquired by it, for 3 a term of not more than 99 years to veterans' organizations 4 as grounds for convalescing sick and disabled veterans, and 5 as a place upon which to construct rehabilitation quarters, 6 or to a county as grounds for a county nursing home or 7 convalescent home. Any such Forest Preserve District shall 8 also have power to grant licenses, easements and 9 rights-of-way for the construction, operation and maintenance 10 upon, under or across any property of such District of 11 facilities for water, sewage, telephone, telegraph, electric, 12 gas or other public service, subject to such terms and 13 conditions as may be determined by such District. 14 Any such District may purchase, but not condemn, a parcel 15 of land and sell a portion thereof for not less than fair 16 market value pursuant to resolution of the Board. Such 17 resolution shall be passed by the affirmative vote of at 18 least 2/3 of all members of the board within 30 days after 19 acquisition by the district of such parcel. 20 Whenever the board of any forest preserve district 21 determines that the public interest will be subserved by 22 vacating any street, roadway, or driveway, or part thereof, 23 located within a forest preserve, it may vacate that street, 24 roadway, or driveway, or part thereof, by an ordinance passed 25 by the affirmative vote of at least 3/4 of all the members of 26 the board. This vote shall be taken by ayes and nays and 27 entered in the records of the board. 28 The determination of the board that the nature and extent 29 of the public use or public interest to be subserved is such 30 as to warrant the vacation of any street, roadway, or 31 driveway, or part thereof, is conclusive, and the passage of 32 such an ordinance is sufficient evidence of that 33 determination, whether so recited in the ordinance or not. 34 The relief to the public from further burden and SB26 Engrossed -4- LRB9101069SMtm 1 responsibility of maintaining any street, roadway or 2 driveway, or part thereof, constitutes a public use or public 3 interest authorizing the vacation. 4 Nothing contained in this Section shall be construed to 5 authorize the board of any forest preserve district to vacate 6 any street, roadway, or driveway, or part thereof, that is 7 part of any State or county highway. 8 When property is damaged by the vacation or closing of 9 any street, roadway, or driveway, or part thereof, damage 10 shall be ascertained and paid as provided by law. 11 Except in cases where the deed, or other instrument 12 dedicating a street, roadway, or driveway, or part thereof, 13 has expressly provided for a specific devolution of the title 14 thereto upon the abandonment or vacation thereof, and except 15 where such street, roadway or driveway, or part thereof, is 16 held by the district by lease, or where the district holds an 17 easement in the land included within the street, roadway or 18 driveway, whenever any street, roadway, or driveway, or part 19 thereof is vacated under or by virtue of any ordinance of any 20 forest preserve district, the title to the land in fee simple 21 included within the street, roadway, or driveway, or part 22 thereof, so vacated vests in the forest preserve district. 23 The board of any forest preserve district is authorized 24 to sell at fair market price, gravel, sand, earth and any 25 other material obtained from the lands and waters owned by 26 the district. 27 For the purposes of this Section, "acquiring land" 28 includes acquiring a fee simple, lease or easement in land. 29 (Source: P.A. 86-267; 86-1387; 87-847.) 30 Section 10. The Code of Civil Procedure is amended by 31 changing Sections 7-101, 7-109, 7-110, and 7-121, and by 32 adding Sections 7-101.1, 7-111.1, 7-119.1, 7-130, and 7-131 33 as follows: SB26 Engrossed -5- LRB9101069SMtm 1 (735 ILCS 5/7-101) (from Ch. 110, par. 7-101) 2 Sec. 7-101. Compensation - Jury. Private property shall 3 not be taken or damaged for public use without just 4 compensation, and in all cases in which compensation is not 5 made by the state in its corporate capacity, or a political 6 subdivision of the state, or municipality in its respective 7 corporate capacity, such compensation shall be ascertained by 8 a jury, as hereinafter prescribed. Where compensation is so 9 made by the state, a political subdivision of the state, or 10 municipality, any party upon application may have a trial by 11 jury to ascertain the just compensation to be paid. Such 12 demand on the part of the state, a political subdivision of 13 the state, or municipality, shall be filed with the complaint 14 for condemnation of the state, a political subdivision of the 15 state, or municipality. Where the state, a political 16 subdivision of the state, or municipality is plaintiff, a 17 defendant desirous of a trial by jury must file a demand 18 therefor on or before the return date of the summons served 19 on him or her or fixed in the publication in case of 20 defendants served by publication. In the event no party in 21 the condemnation action demands a trial by jury as provided 22 for by this Section, then the trial shall be before the court 23 without a jury. The right to just compensation as provided in 24 this Article applies to the owner or owners of any lawfully 25 erected off-premises outdoor advertising sign that is 26 compelled to be altered or removed under this Article or any 27 other statute, or under any ordinance or regulation of any 28 municipality or other unit of local government, and also 29 applies to the owner or owners of the property on which that 30 sign is erected. 31 An owner-occupied residence, which qualifies as homestead 32 property under Section 15-175 of the Property Tax Code, shall 33 not be taken for recreational purposes unless the condemning 34 authority establishes by clear and convincing evidence that SB26 Engrossed -6- LRB9101069SMtm 1 such taking is for the public purpose of removing blighted 2 areas for redevelopment and is indispensable to the 3 implementation of a long range comprehensive plan. Such 4 restriction shall not apply to takings of property by a 5 public utility authorized by a grant of authority issued 6 pursuant to Article VIII of the Public Utilities Act. 7 If the State, a political subdivision of the State, or a 8 municipality is the plaintiff in a proceeding under this 9 Article and the court authorizes the plaintiff to exercise 10 eminent domain, as part of the just compensation for the 11 defendant the court may assess the costs, expenses, and 12 reasonable attorney fees of the defendant against the 13 plaintiff, upon application by the defendant, as the court 14 determines after a hearing. 15 (Source: P.A. 87-1205.) 16 (735 ILCS 5/7-101.1 new) 17 Sec. 7-101.1. Notice; time limits. 18 (a) As soon as practicable after making any public 19 announcement regarding a taking, a condemning authority shall 20 notify the landowner of the subject property of its 21 intentions to acquire the property and its actions in 22 furtherance of those intentions. Such restriction shall not 23 apply to takings of property by a public utility authorized 24 by a grant of authority issued pursuant to Article VIII of 25 the Public Utilities Act. 26 (b) Except as otherwise provided by law, a condemning 27 authority shall file a complaint for condemnation within a 28 reasonable time after notifying the landowner of its 29 intention to acquire the subject property. 30 (735 ILCS 5/7-109) (from Ch. 110, par. 7-109) 31 Sec. 7-109. Refund of excess of deposit. If the amount 32 withdrawn from deposit by any interested party under the SB26 Engrossed -7- LRB9101069SMtm 1 provision of Section 7-106 of this Act exceeds the amount 2 finally adjudged to be just compensation (or damages, costs, 3 expenses, and attorney fees) due to such party, the court 4 shall order such party to refund such excess to the clerk of 5 the court, and if refund is not made within a reasonable time 6 fixed by the court, shall enter judgment for such excess in 7 favor of the plaintiff and against such party. 8 If a landowner who did not contest the amount of 9 preliminary compensation deposited by the plaintiff withdraws 10 that preliminary compensation under Section 7-106 and the 11 final amount of just compensation is determined to be less 12 than the preliminary compensation withdrawn causing the 13 landowner to owe a refund, the landowner shall not be 14 required to pay interest on the refund amount owed. 15 (Source: P.A. 82-280.) 16 (735 ILCS 5/7-110) (from Ch. 110, par. 7-110) 17 Sec. 7-110. Dismissal - Abandonment. At any time after 18 the complaint for condemnation has been filedAfter the19plaintiff has taken possession of the property pursuant to20the order of taking, the plaintiff shall have no right to 21 dismiss the complaint, or to abandon the proceeding, as to 22 all or any part of the property so taken, except upon the 23 consent of all parties to the proceeding whose interests 24 would be affected by such dismissal or abandonment. Such 25 restriction shall not apply to takings of property by a 26 public utility authorized by a grant of authority issued 27 pursuant to Article VIII of the Public Utilities Act. Such a 28 public utility, after taking possession of the property 29 pursuant to an order of taking, shall have no right to 30 dismiss the complaint, or to abandon the proceeding, as to 31 all or any part of the property, so taken, except upon the 32 consent of all parties to the proceeding whose interests 33 would be affected by such dismissal or abandonment. SB26 Engrossed -8- LRB9101069SMtm 1 (Source: P.A. 83-707.) 2 (735 ILCS 5/7-111.1 new) 3 Sec. 7-111.1. Late payment by condemning authority after 4 agreed judgment. When an agreed judgment is entered by the 5 court regarding a complaint for condemnation filed under this 6 Article and the condemning authority fails to deposit the 7 final compensation within the time provided in the order, the 8 condemning authority shall be liable for the costs, expenses, 9 and reasonable attorney fees incurred by the landowner in 10 obtaining deposit of the agreed judgment amount. 11 (735 ILCS 5/7-119.1 new) 12 Sec. 7-119.1. Illustrated proposal required for taking. 13 The court shall not enter an order of taking under this 14 Article unless the plaintiff has provided an illustrated 15 proposal of the plaintiff's planned use for the land being 16 taken. "Illustrated proposal" means an outline or plan which 17 describes the property proposed to be taken and illustrates 18 the public purpose for such taking. This provision shall not 19 apply to takings of property by a public utility authorized 20 by a grant of authority issued pursuant to Article VIII of 21 the Public Utilities Act. 22 (735 ILCS 5/7-121) (from Ch. 110, par. 7-121) 23 Sec. 7-121. Value. 24 (a) Except as to property designated as possessing a 25 special use, the fair cash market value of property in a 26 proceeding in eminent domain shall be the amount of money 27 which a purchaser, willing but not obligated to buy the 28 property, would pay to an owner willing but not obliged to 29 sell in a voluntary sale, which amount of money shall be 30 determined and ascertained as of the date of filing the 31 complaint to condemn. In the condemnation of property for a SB26 Engrossed -9- LRB9101069SMtm 1 public improvement there shall be excluded from such amount 2 of money any appreciation in value proximately caused by such 3 improvement, and any depreciation in value proximately caused 4 by such improvement. However, such appreciation or 5 depreciation shall not be excluded where property is 6 condemned for a separate project conceived independently of 7 and subsequent to the original project. 8 (b) Sales of comparable property that were initiated 9 prior to filing the complaint and were completed after the 10 complaint for condemnation of the subject property has been 11 filed under this Article are admissible as evidence in the 12 condemnation proceeding on the same terms as sales of 13 comparable property completed before the complaint for 14 condemnation is filed. 15 (c) In addition to sales of comparable property, bona 16 fide offers to purchase the subject property or adjacent 17 properties, including options to purchase, are admissible as 18 evidence in a condemnation proceeding. 19 (Source: P.A. 82-280.) 20 (735 ILCS 5/7-130 new) 21 Sec. 7-130. Land use regulations adversely affecting 22 value. The court may dismiss a complaint for condemnation if 23 it finds that the condemning authority has acted in concert 24 with one or more other governmental entities for the exercise 25 of land use regulatory powers for the purpose of holding down 26 the market value of property that the condemning authority 27 seeks to obtain. 28 (735 ILCS 5/7-131 new) 29 Sec. 7-131. Condemning authority's ability to resell 30 property to private party limited. A condemning authority, 31 which has acquired property either by verdict under this 32 Article or voluntarily from a property owner after notifying SB26 Engrossed -10- LRB9101069SMtm 1 the owner of its intention to exercise its power of eminent 2 domain, shall not resell that property to a private party 3 unless the property owner holding title before the order 4 which transferred title is allowed first opportunity to 5 repurchase the property on the same terms as the condemning 6 authority acquired the property except where the property is 7 acquired as part of a comprehensive long range plan for the 8 redevelopment of a blighted area and notice of such purpose 9 is given to the property owner prior to the condemning 10 authority acquiring the property. This Section shall not 11 apply to property taken by a public utility authorized by a 12 grant of authority issued pursuant to Article VIII of the 13 Public Utilities Act. 14 Section 99. Effective date. This Act takes effect upon 15 becoming law.