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91_SB0026ham001
LRB9101069WHdvam01
1 AMENDMENT TO SENATE BILL 26
2 AMENDMENT NO. . Amend Senate Bill 26 by replacing
3 the title with the following:
4 "AN ACT to amend the Code of Civil Procedure by changing
5 Section 7-101."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Code of Civil Procedure is amended by
9 changing Section 7-101 as follows:
10 (735 ILCS 5/7-101) (from Ch. 110, par. 7-101)
11 Sec. 7-101. Compensation - Jury.
12 (a) Private property shall not be taken or damaged for
13 public use without just compensation, and in all cases in
14 which compensation is not made by the state in its corporate
15 capacity, or a political subdivision of the state, or
16 municipality in its respective corporate capacity, such
17 compensation shall be ascertained by a jury, as hereinafter
18 prescribed. Where compensation is so made by the state, a
19 political subdivision of the state, or municipality, any
20 party upon application may have a trial by jury to ascertain
21 the just compensation to be paid. Such demand on the part of
-2- LRB9101069WHdvam01
1 the state, a political subdivision of the state, or
2 municipality, shall be filed with the complaint for
3 condemnation of the state, a political subdivision of the
4 state, or municipality. Where the state, a political
5 subdivision of the state, or municipality is plaintiff, a
6 defendant desirous of a trial by jury must file a demand
7 therefor on or before the return date of the summons served
8 on him or her or fixed in the publication in case of
9 defendants served by publication. In the event no party in
10 the condemnation action demands a trial by jury as provided
11 for by this Section, then the trial shall be before the court
12 without a jury. The right to just compensation as provided in
13 this Article applies to the owner or owners of any lawfully
14 erected off-premises outdoor advertising sign that is
15 compelled to be altered or removed under this Article or any
16 other statute, or under any ordinance or regulation of any
17 municipality or other unit of local government, and also
18 applies to the owner or owners of the property on which that
19 sign is erected.
20 (b) In counties with an executive form of government or
21 with a population of less than 180,000, except for the
22 counties of Tazewell, DeKalb, and Kendall, an owner-occupied
23 residence that qualifies as homestead property under Section
24 15-175 of the Property Tax Code or a farm as defined in
25 Section 1-60 of the Property Tax Code may not be taken for
26 recreational purposes by a forest preserve district except
27 with the consent of the owner. The restriction in this
28 subsection (b) does not apply to takings of property by a
29 public utility authorized by a grant of authority issued
30 under Article VIII of the Public Utilities Act.
31 (Source: P.A. 87-1205.)".