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91_SB0026sam002
LRB9100705SMdvam02
1 AMENDMENT TO SENATE BILL 26
2 AMENDMENT NO. . Amend Senate Bill 26, AS AMENDED, by
3 replacing the title with the following:
4 "AN ACT regarding property, which may be referred to as
5 the Property Owners Protection Amendments of 1999."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Downstate Forest Preserve District Act
9 is amended by changing Section 6 as follows:
10 (70 ILCS 805/6) (from Ch. 96 1/2, par. 6309)
11 Sec. 6. Any such District shall have power to acquire
12 lands and grounds for the aforesaid purposes by lease, or in
13 fee simple by gift, grant, legacy, purchase or condemnation,
14 or to acquire easements in land, and to construct, lay out,
15 improve and maintain wells, power plants, comfort stations,
16 shelter houses, paths, driveways, public roads, roadways and
17 other improvements and facilities in and through such forest
18 preserves as they shall deem necessary or desirable for the
19 use of such forest preserves by the public and may acquire,
20 develop, improve and maintain waterways in conjunction with
21 the district. No district with a population less than 600,000
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1 an existing park or forest
7 preserve, and no municipality shall annex any land for the
8 purpose of defeating a District acquisition once the District
9 has given notice of intent to acquire a specified parcel of
10 land. No district with a population of less than 500,000
11 shall (i) have the power to condemn property for a linear
12 park or trail within a municipality without the concurrence
13 of the governing body of the municipality or (ii) have the
14 power to condemn property for a linear park or trail in an
15 unincorporated area without the concurrence of the governing
16 body of the township within which the property is located or
17 (iii) once having commenced a proceeding to acquire land by
18 condemnation, dismiss or abandon that proceeding without the
19 consent of the property owners. No district shall establish a
20 trail surface within 50 feet of an occupied dwelling which
21 was in existence prior to the approval of the acquisition by
22 the district without obtaining permission of the owners of
23 the premises or the concurrence of the governing body of the
24 municipality or township within which the property is
25 located. All acquisitions of land by a district with a
26 population less than 600,000 within 1 1/2 miles of a
27 municipality shall be preceded by a conference with the mayor
28 or president of the municipality or his designated agent. If
29 a forest preserve district is in negotiations for acquisition
30 of land with owners of land adjacent to a municipality, the
31 annexation of that land shall be deferred for 6 months. The
32 district shall have no power to acquire an interest in real
33 estate situated outside the district by the exercise of the
34 right of eminent domain, by purchase or by lease, but shall
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1 have the power to acquire any such property, or an easement
2 in any such property, which is contiguous to the district by
3 gift, legacy, or grant, subject to approval of the county
4 board of the county, and of any forest preserve district or
5 conservation district, within which the property is located.
6 The district shall have the same control of and power over
7 land, an interest in which it has so acquired, as over forest
8 preserves within the district. If any of the powers to
9 acquire lands and hold or improve the same given to Forest
10 Preserve Districts, by Sections 5 and 6 of this Act should be
11 held invalid, such invalidity shall not invalidate the
12 remainder of this Act or any of the other powers herein given
13 and conferred upon the Forest Preserve Districts. Such Forest
14 Preserve Districts shall also have power to lease not to
15 exceed 40 acres of the lands and grounds acquired by it, for
16 a term of not more than 99 years to veterans' organizations
17 as grounds for convalescing sick and disabled veterans, and
18 as a place upon which to construct rehabilitation quarters,
19 or to a county as grounds for a county nursing home or
20 convalescent home. Any such Forest Preserve District shall
21 also have power to grant licenses, easements and
22 rights-of-way for the construction, operation and maintenance
23 upon, under or across any property of such District of
24 facilities for water, sewage, telephone, telegraph, electric,
25 gas or other public service, subject to such terms and
26 conditions as may be determined by such District.
27 Any such District may purchase, but not condemn, a parcel
28 of land and sell a portion thereof for not less than fair
29 market value pursuant to resolution of the Board. Such
30 resolution shall be passed by the affirmative vote of at
31 least 2/3 of all members of the board within 30 days after
32 acquisition by the district of such parcel.
33 Whenever the board of any forest preserve district
34 determines that the public interest will be subserved by
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1 vacating any street, roadway, or driveway, or part thereof,
2 located within a forest preserve, it may vacate that street,
3 roadway, or driveway, or part thereof, by an ordinance passed
4 by the affirmative vote of at least 3/4 of all the members of
5 the board. This vote shall be taken by ayes and nays and
6 entered in the records of the board.
7 The determination of the board that the nature and extent
8 of the public use or public interest to be subserved is such
9 as to warrant the vacation of any street, roadway, or
10 driveway, or part thereof, is conclusive, and the passage of
11 such an ordinance is sufficient evidence of that
12 determination, whether so recited in the ordinance or not.
13 The relief to the public from further burden and
14 responsibility of maintaining any street, roadway or
15 driveway, or part thereof, constitutes a public use or public
16 interest authorizing the vacation.
17 Nothing contained in this Section shall be construed to
18 authorize the board of any forest preserve district to vacate
19 any street, roadway, or driveway, or part thereof, that is
20 part of any State or county highway.
21 When property is damaged by the vacation or closing of
22 any street, roadway, or driveway, or part thereof, damage
23 shall be ascertained and paid as provided by law.
24 Except in cases where the deed, or other instrument
25 dedicating a street, roadway, or driveway, or part thereof,
26 has expressly provided for a specific devolution of the title
27 thereto upon the abandonment or vacation thereof, and except
28 where such street, roadway or driveway, or part thereof, is
29 held by the district by lease, or where the district holds an
30 easement in the land included within the street, roadway or
31 driveway, whenever any street, roadway, or driveway, or part
32 thereof is vacated under or by virtue of any ordinance of any
33 forest preserve district, the title to the land in fee simple
34 included within the street, roadway, or driveway, or part
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1 thereof, so vacated vests in the forest preserve district.
2 The board of any forest preserve district is authorized
3 to sell at fair market price, gravel, sand, earth and any
4 other material obtained from the lands and waters owned by
5 the district.
6 For the purposes of this Section, "acquiring land"
7 includes acquiring a fee simple, lease or easement in land.
8 (Source: P.A. 86-267; 86-1387; 87-847.)
9 Section 10. The Code of Civil Procedure is amended by
10 changing Sections 7-101, 7-109, 7-110, and 7-121, and by
11 adding Sections 7-101.1, 7-111.1, 7-119.1, 7-130, and 7-131
12 as follows:
13 (735 ILCS 5/7-101) (from Ch. 110, par. 7-101)
14 Sec. 7-101. Compensation - Jury. Private property shall
15 not be taken or damaged for public use without just
16 compensation, and in all cases in which compensation is not
17 made by the state in its corporate capacity, or a political
18 subdivision of the state, or municipality in its respective
19 corporate capacity, such compensation shall be ascertained by
20 a jury, as hereinafter prescribed. Where compensation is so
21 made by the state, a political subdivision of the state, or
22 municipality, any party upon application may have a trial by
23 jury to ascertain the just compensation to be paid. Such
24 demand on the part of the state, a political subdivision of
25 the state, or municipality, shall be filed with the complaint
26 for condemnation of the state, a political subdivision of the
27 state, or municipality. Where the state, a political
28 subdivision of the state, or municipality is plaintiff, a
29 defendant desirous of a trial by jury must file a demand
30 therefor on or before the return date of the summons served
31 on him or her or fixed in the publication in case of
32 defendants served by publication. In the event no party in
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1 the condemnation action demands a trial by jury as provided
2 for by this Section, then the trial shall be before the court
3 without a jury. The right to just compensation as provided in
4 this Article applies to the owner or owners of any lawfully
5 erected off-premises outdoor advertising sign that is
6 compelled to be altered or removed under this Article or any
7 other statute, or under any ordinance or regulation of any
8 municipality or other unit of local government, and also
9 applies to the owner or owners of the property on which that
10 sign is erected.
11 An owner-occupied residence and and the curtilage shall
12 not be taken if the purpose for the taking is related to
13 recreation.
14 If the State, a political subdivision of the State, or a
15 municipality is the plaintiff in a proceeding under this
16 Article and the court authorizes the plaintiff to exercise
17 eminent domain, as part of the just compensation for the
18 defendant the court shall assess the costs, expenses, and
19 reasonable attorney fees of the defendant against the
20 plaintiff, upon application by the defendant, as the court
21 determines after a hearing.
22 (Source: P.A. 87-1205.)
23 (735 ILCS 5/7-101.1 new)
24 Sec. 7-101.1. Notice; time limits.
25 (a) Before making any public announcement regarding a
26 taking, a condemning authority shall notify the landowner of
27 the subject property of its intentions to acquire the
28 property and its actions in furtherance of those intentions.
29 (b) Except as otherwise provided by law, a condemning
30 authority shall file a complaint for condemnation within a
31 reasonable time after notifying the landowner of its
32 intention to acquire the subject property.
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1 (735 ILCS 5/7-109) (from Ch. 110, par. 7-109)
2 Sec. 7-109. Refund of excess of deposit. If the amount
3 withdrawn from deposit by any interested party under the
4 provision of Section 7-106 of this Act exceeds the amount
5 finally adjudged to be just compensation (or damages, costs,
6 expenses, and attorney fees) due to such party, the court
7 shall order such party to refund such excess to the clerk of
8 the court, and if refund is not made within a reasonable time
9 fixed by the court, shall enter judgment for such excess in
10 favor of the plaintiff and against such party.
11 If a landowner who did not contest the amount of
12 preliminary compensation deposited by the plaintiff withdraws
13 that preliminary compensation under Section 7-106 and the
14 final amount of just compensation is determined to be less
15 than the preliminary compensation withdrawn causing the
16 landowner to owe a refund, the landowner shall not be
17 required to pay interest on the refund amount owed.
18 (Source: P.A. 82-280.)
19 (735 ILCS 5/7-110) (from Ch. 110, par. 7-110)
20 Sec. 7-110. Dismissal - Abandonment. At any time after
21 the complaint for condemnation has been filed After the
22 plaintiff has taken possession of the property pursuant to
23 the order of taking, the plaintiff shall have no right to
24 dismiss the complaint, or to abandon the proceeding, as to
25 all or any part of the property so taken, except upon the
26 consent of all parties to the proceeding whose interests
27 would be affected by such dismissal or abandonment.
28 (Source: P.A. 83-707.)
29 (735 ILCS 5/7-111.1 new)
30 Sec. 7-111.1. Late payment by condemning authority after
31 agreed judgment. When an agreed judgment is entered by the
32 court regarding a complaint for condemnation filed under this
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1 Article and the condemning authority fails to deposit the
2 final compensation within the time provided in the order, the
3 condemning authority shall be liable for the costs, expenses,
4 and reasonable attorney fees incurred by the landowner in
5 obtaining deposit of the agreed judgment amount.
6 (735 ILCS 5/7-119.1 new)
7 Sec. 7-119.1. Illustrated proposal required for taking.
8 The court shall not enter an order of taking under this
9 Article unless the plaintiff has provided an illustrated
10 proposal of the plaintiff's planned use for the land being
11 taken.
12 (735 ILCS 5/7-121) (from Ch. 110, par. 7-121)
13 Sec. 7-121. Value.
14 (a) Except as to property designated as possessing a
15 special use, the fair cash market value of property in a
16 proceeding in eminent domain shall be the amount of money
17 which a purchaser, willing but not obligated to buy the
18 property, would pay to an owner willing but not obliged to
19 sell in a voluntary sale, which amount of money shall be
20 determined and ascertained as of the date of filing the
21 complaint to condemn. In the condemnation of property for a
22 public improvement there shall be excluded from such amount
23 of money any appreciation in value proximately caused by such
24 improvement, and any depreciation in value proximately caused
25 by such improvement. However, such appreciation or
26 depreciation shall not be excluded where property is
27 condemned for a separate project conceived independently of
28 and subsequent to the original project.
29 (b) Sales of comparable property that were initiated
30 prior to filing the complaint and were completed after the
31 complaint for condemnation of the subject property has been
32 filed under this Article are admissible as evidence in the
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1 condemnation proceeding on the same terms as sales of
2 comparable property completed before the complaint for
3 condemnation is filed.
4 (c) In addition to sales of comparable property, bona
5 fide offers to purchase the subject property or adjacent
6 properties, including options to purchase, are admissible as
7 evidence in a condemnation proceeding.
8 (d) Land previously dedicated for highway purposes, but
9 not under the highway itself, shall be valued as any other
10 land impressed with an easement and shall not have merely
11 nominal value.
12 (Source: P.A. 82-280.)
13 (735 ILCS 5/7-130 new)
14 Sec. 7-130. No collusion between condemning authorities
15 and other governmental entities. A condemning authority
16 shall not act in concert with any other governmental entity
17 to rezone or obtain variances regarding a property the
18 condemning authority seeks to condemn to minimize the fair
19 market value of the property sought to be taken.
20 (735 ILCS 5/7-131 new)
21 Sec. 7-131. Condemning authority's ability to resell
22 property to private party limited. A condemning authority
23 which has acquired property either by verdict under this
24 Article or voluntarily from a property owner after notifying
25 the owner of its intention to exercise its power of eminent
26 domain shall not resell that property to a private party
27 unless the property owner holding title before the order
28 which transferred title is allowed first opportunity to
29 repurchase the property on the same terms as the condemning
30 authority acquired the property.
31 Section 99. Effective date. This Act takes effect upon
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1 becoming law.".