|
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1696 Introduced , by Rep. Tom Cross SYNOPSIS AS INTRODUCED:
|
|
735 ILCS 30/10-5-5 | was 735 ILCS 5/7-101 |
|
Amends the Eminent Domain Act. Makes a technical change in a Section concerning compensation for private property taken or damaged for public use.
|
| |
| | A BILL FOR |
|
|
| | HB1696 | | LRB098 05742 HEP 35781 b |
|
|
1 | | AN ACT concerning civil law.
|
2 | | Be it enacted by the People of the State of Illinois,
|
3 | | represented in the General Assembly:
|
4 | | Section 5. The Eminent Domain Act is amended by changing |
5 | | Section 10-5-5 as follows:
|
6 | | (735 ILCS 30/10-5-5) (was 735 ILCS 5/7-101)
|
7 | | Sec. 10-5-5. Compensation; jury. |
8 | | (a) Private property shall not not be taken
or damaged for |
9 | | public use without just compensation and, in all cases in which
|
10 | | compensation is not made by the condemning authority, |
11 | | compensation shall be ascertained by a jury, as provided in |
12 | | this Act.
When
compensation is so made by the condemning |
13 | | authority, any party,
upon application, may have a trial by |
14 | | jury to
ascertain the just compensation to be paid. A demand on |
15 | | the part of the
condemning authority for a trial by jury shall |
16 | | be filed
with the complaint for condemnation of the condemning |
17 | | authority. When the condemning authority is plaintiff, a |
18 | | defendant desirous of a trial by
jury must file a demand for a |
19 | | trial by jury on or before the return date of the
summons |
20 | | served on him or her or on or before the date fixed in the |
21 | | publication in case of defendants
served by publication. If no |
22 | | party in the condemnation action
demands a trial by jury, as |
23 | | provided for by this Section, then the trial
shall be before |