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91_SB1680gms
State of Illinois
OFFICE OF THE GOVERNOR
Springfield, Illinois 62706
George H. Ryan
GOVERNOR
July 7, 2000
To the Honorable Members of
The Illinois State Senate
91st General Assembly
Pursuant to the authority vested in the Governor by
Article IV, Section 9(e) of the Illinois Constitution of
1970, and re-affirmed by the People of the State of Illinois
by popular referendum in 1974, and conforming to the standard
articulated by the Illinois Supreme Court in People ex rel.
Klinger v. Howlett, 50 Ill.2d 242 (1972), Continental
Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d 387
(1979), People ex rel. City of Canton v. Crouch, 79 Ill.2d
356 (1980) and County of Kane v. Carlson, 116 Ill.2d 186
(1987), that gubernatorial action be consistent with the
fundamental purposes and the intent of the bill, I hereby
return Senate Bill 1680 entitled "AN ACT in relation to real
property," with my specific recommendations for change.
I have generally supported quick-take authority for local
governments seeking to redevelop land for public use. While
I believe that most of the communities in Illinois being
granted this proposed quick-take authority in Senate Bill
1680 would use the power for important public purposes, I am
concerned about the continuing local dispute in Winnebago
County related to the acquisition of a portion of the Ditzler
Farm.
Winnebago County's land acquisition and eventual
construction of the Harrison Avenue road extension currently
proposes the taking of a portion of the Ditzler Family Farm.
This farm poses neither a danger nor a nuisance to the
community; therefore, I cannot condone the possible
destruction of this family's business and livelihood without
allowing them their day in open court.
Quick-take authority can be an excellent tool in
situations when land or buildings are neglected or are
dangerous to the community and the land can be used for the
public good. Yet, I believe that we must be very careful to
ensure that the demands of a developer or a local
government's efforts to expedite the land acquisition process
do not trample on the property rights of citizens and
business owners. Therefore, I urge the General Assembly to
be judicious in granting quick-take authority to local
governments in matters of local dispute or controversy.
For this reason, I hereby return Senate Bill 1680 with
the following recommendations for change:
on page 4, line by 6 deleting "7-103.102,"; and
on page 4, by deleting lines 21 through 30.
With these changes, Senate Bill 1680 will have my
approval. I respectfully request your concurrence.
Sincerely,
George H. Ryan
GOVERNOR