Bill Text: IL HB3184 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Public Officer Prohibited Activities Act. Authorizes an authorized representative to sign the disclosure required under the Act before any contract relating to the ownership or use of real property is entered into by the State or a unit of local government disclosing the interest of an owner or beneficiary in the real property. Authorizes disclosure by providing a copy of a proxy statement or other official corporate document filed with the federal Securities Exchange Commission or similar federal regulatory body within the previous calendar year disclosing the overall ownership of the limited liability company, corporation, or general partnership. Removes the requirement for additional disclosure for contracts for the ownership or use of real property for highway purposes by the Department of Transportation for any entity that is wholly or partially owned by another entity. Amends the Eminent Domain Act. Allows a party authorized to take property to file a complaint in circuit court if the owner is unable or unwilling to provide documentation required by the acquiring party to obtain sufficient title to the property, consummate the transaction, or comply with all legal requirements for the transaction. Eliminates the requirement that the Illinois Department of Transportation obtain Illinois Commerce Commission approval before bringing an action to acquire property needed for highway projects owned by utilities and railroads. Allows notice to property owners to be sent by entities other than the United States Postal Service if a company provides the same function as certified mail with return receipt. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2025-02-11 - Added Co-Sponsor Rep. Dave Vella [HB3184 Detail]

Download: Illinois-2025-HB3184-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3184 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED:
50 ILCS 105/3.1 from Ch. 102, par. 3.1
735 ILCS 30/10-5-10 was 735 ILCS 5/7-102
735 ILCS 30/10-5-15 was 735 ILCS 5/7-102.1
735 ILCS 30/20-5-5 was 735 ILCS 5/7-103
Amends the Public Officer Prohibited Activities Act. Authorizes an authorized representative to sign the disclosure required under the Act before any contract relating to the ownership or use of real property is entered into by the State or a unit of local government disclosing the interest of an owner or beneficiary in the real property. Authorizes disclosure by providing a copy of a proxy statement or other official corporate document filed with the federal Securities Exchange Commission or similar federal regulatory body within the previous calendar year disclosing the overall ownership of the limited liability company, corporation, or general partnership. Removes the requirement for additional disclosure for contracts for the ownership or use of real property for highway purposes by the Department of Transportation for any entity that is wholly or partially owned by another entity. Amends the Eminent Domain Act. Allows a party authorized to take property to file a complaint in circuit court if the owner is unable or unwilling to provide documentation required by the acquiring party to obtain sufficient title to the property, consummate the transaction, or comply with all legal requirements for the transaction. Eliminates the requirement that the Illinois Department of Transportation obtain Illinois Commerce Commission approval before bringing an action to acquire property needed for highway projects owned by utilities and railroads. Allows notice to property owners to be sent by entities other than the United States Postal Service if a company provides the same function as certified mail with return receipt. Effective immediately.
LRB104 10934 JRC 21016 b
A BILL FOR
HB3184 LRB104 10934 JRC 21016 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Public Officer Prohibited Activities Act is
amended by changing Section 3.1 as follows:
(50 ILCS 105/3.1) (from Ch. 102, par. 3.1)
Sec. 3.1. Before any contract relating to the ownership or
use of real property is entered into by and between the State
or any local governmental unit or any agency of either the
identity of every owner and beneficiary having any interest,
real or personal, in such property, and every member,
shareholder, limited partner, or general partner entitled to
receive more than 7 1/2% of the total distributable income of
any limited liability company, corporation, or limited
partnership having any interest, real or personal, in such
property must be disclosed. The disclosure shall be in writing
and shall be subscribed by a member, owner, authorized
trustee, corporate official, general partner, or managing
agent, or his or her authorized attorney or other authorized
representative, under oath. However, if the interest, stock,
or shares in a limited liability company, corporation, or
general partnership is publicly traded and there is no readily
known individual having greater than a 7 1/2% interest, then a

HB3184 - 2 - LRB104 10934 JRC 21016 b
statement to that effect, subscribed to under oath by a
member, officer of the corporation, general partner, or
managing agent, or his or her authorized attorney, shall
fulfill the disclosure statement requirement of this Section.
The disclosure requirement of this Section may also be
satisfied by providing a copy of a proxy statement or other
official corporate document filed with the federal Securities
Exchange Commission or similar federal regulatory body within
the previous calendar year disclosing the overall ownership of
the limited liability company, corporation or general
partnership. As a condition of contracts entered into on or
after the effective date of this amendatory Act of 1995, the
beneficiaries of a lease shall furnish the trustee of a trust
subject to disclosure under this Section with a binding
non-revocable letter of direction authorizing the trustee to
provide the State with an up-to-date disclosure whenever
requested by the State. The letter of direction shall be
binding on beneficiaries' heirs, successors, and assigns
during the term of the contract. This Section shall be
liberally construed to accomplish the purpose of requiring the
identification of the actual parties benefiting from any
transaction with a governmental unit or agency involving the
procurement of the ownership or use of real property thereby.
For any entity that is wholly or partially owned by
another entity, the names of the owners of the wholly or
partially owning entity shall be disclosed under this Section,

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as well as the names of the owners of the wholly or partially
owned entity. No such additional disclosure is required for
contracts relating to the ownership or use of real property
for highway purposes by the Department of Transportation.
(Source: P.A. 91-361, eff. 7-29-99.)
Section 10. The Eminent Domain Act is amended by changing
Sections 10-5-10, 10-5-15, and 20-5-5 as follows:
(735 ILCS 30/10-5-10) (was 735 ILCS 5/7-102)
Sec. 10-5-10. Parties.
(a) When the right (i) to take private property for public
use, without the owner's consent, (ii) to construct or
maintain any public road, railroad, plankroad, turnpike road,
canal, or other public work or improvement, or (iii) to damage
property not actually taken has been or is conferred by
general law or special charter upon any corporate or municipal
authority, public body, officer or agent, person,
commissioner, or corporation and when (i) the compensation to
be paid for or in respect of the property sought to be
appropriated or damaged for the purposes mentioned cannot be
agreed upon by the parties interested, (ii) the owner of the
property is incapable of consenting, (iii) the owner's name or
residence is unknown, or (iv) the owner is a nonresident of the
State, or (v) the owner is unable or unwilling to provide
documentation required by the acquiring party to obtain

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sufficient title to the property or consummate the transaction
or comply with all legal requirements for the transaction,
then the party authorized to take or damage the property so
required, or to construct, operate, and maintain any public
road, railroad, plankroad, turnpike road, canal, or other
public work or improvement, may apply to the circuit court of
the county where the property or any part of the property is
situated, by filing with the clerk a complaint. The complaint
shall set forth, by reference, (i) the complainant's authority
in the premises, (ii) the purpose for which the property is
sought to be taken or damaged, (iii) a description of the
property, and (iv) the names of all persons interested in the
property as owners or otherwise, as appearing of record, if
known, or if not known stating that fact; and shall pray the
court to cause the compensation to be paid to the owner to be
assessed.
(b) If it appears that any person not in being, upon coming
into being, is, or may become or may claim to be, entitled to
any interest in the property sought to be appropriated or
damaged, the court shall appoint some competent and
disinterested person as guardian ad litem to appear for and
represent that interest in the proceeding and to defend the
proceeding on behalf of the person not in being. Any judgment
entered in the proceeding shall be as effectual for all
purposes as though the person was in being and was a party to
the proceeding.

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(c) If the proceeding seeks to affect the property of
persons under guardianship, the guardians shall be made
parties defendant.
(d) Any interested persons whose names are unknown may be
made parties defendant by the same descriptions and in the
same manner as provided in other civil cases.
(e) When the property to be taken or damaged is a common
element of property subject to a declaration of condominium
ownership, pursuant to the Condominium Property Act, or of a
common interest community, the complaint shall name the unit
owners' association in lieu of naming the individual unit
owners and lienholders on individual units. Unit owners,
mortgagees, and other lienholders may intervene as parties
defendant. For the purposes of this Section, "common interest
community" has the same meaning as set forth in subsection (c)
of Section 9-102 of the Code of Civil Procedure. "Unit owners'
association" or "association" shall refer to both the
definition contained in Section 2 of the Condominium Property
Act and subsection (c) of Section 9-102 of the Code of Civil
Procedure.
(f) When the property is sought to be taken or damaged by
the State for the purposes of establishing, operating, or
maintaining any State house or State charitable or other
institutions or improvements, the complaint shall be signed by
the Governor, or the Governor's designee, or as otherwise
provided by law.

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(g) No property, except property described in Section 3 of
the Sports Stadium Act, property to be acquired in furtherance
of actions under Article 11, Divisions 124, 126, 128, 130,
135, 136, and 139, of the Illinois Municipal Code, property to
be acquired by the Department of Transportation under Article
4, Division 5 or Article 8 of the Illinois Highway Code,
property to be acquired in furtherance of actions under
Section 3.1 of the Intergovernmental Cooperation Act, property
to be acquired that is a water system or waterworks pursuant to
the home rule powers of a unit of local government, property
described as Site B in Section 2 of the Metropolitan Pier and
Exposition Authority Act, and property that may be taken as
provided in the Public-Private Agreements for the South
Suburban Airport Act belonging to a railroad or other public
utility subject to the jurisdiction of the Illinois Commerce
Commission, may be taken or damaged, pursuant to the
provisions of this Act, without the prior approval of the
Illinois Commerce Commission.
(h) Notwithstanding subsection (g), property belonging to
a public utility that provides water or sewer service and that
is subject to the jurisdiction of the Illinois Commerce
Commission may not be taken or damaged by eminent domain
without prior approval of the Illinois Commerce Commission,
except for property to be acquired by a municipality with
140,000 or more inhabitants or a regional water commission
formed under Article 11, Division 135.5 of the Illinois

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Municipal Code or a municipality that is a member of such a
regional water commission, only in furtherance of purposes
authorized under Article 11, Division 135.5 of the Illinois
Municipal Code, and limited solely to interests in real
property and not improvements to or assets on the real
property belonging to a public utility that provides water or
sewer service and that is subject to the jurisdiction of the
Illinois Commerce Commission. This subsection does not apply
to any action commenced prior to the effective date of this
amendatory Act of the 103rd General Assembly under this
Section or Section 11-124-5 or 11-139-12 of the Illinois
Municipal Code.
(Source: P.A. 103-13, eff. 6-9-23.)
(735 ILCS 30/10-5-15) (was 735 ILCS 5/7-102.1)
Sec. 10-5-15. State agency proceedings; information.
(a) This Section applies only to the State and its
agencies, and only to matters arising after December 31, 1991.
(b) Before any State agency initiates any proceeding under
this Act, the agency must designate and provide for an
appropriate person to respond to requests arising from the
notifications required under this Section. The designated
person may be an employee of the agency itself or an employee
of any other appropriate State agency. The designated person
shall respond to property owners' questions about the
authority and procedures of the State agency in acquiring

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property by condemnation and about the property owner's
general rights under those procedures. However, the designated
person shall not provide property owners with specific legal
advice or specific legal referrals.
(c) At the time of first contact with a property owner,
whether in person or by letter, the State agency shall advise
the property owner, in writing, of the following:
(1) A description of the property that the agency
seeks to acquire.
(2) The name, address, and telephone number of the
State official designated under subsection (b) to answer
the property owner's questions.
(3) The identity of the State agency attempting to
acquire the property.
(4) The general purpose of the proposed acquisition.
(5) The type of facility to be constructed on the
property, if any.
(d) At least 60 days before filing a petition with any
court to initiate a proceeding under this Act, a State agency
shall send a letter by certified mail, return receipt
requested (or by entities other than the United States Postal
Service that provide the same function as certified mail with
return receipts), to the owner of the property to be taken,
giving the property owner the following information:
(1) The amount of compensation for the taking of the
property proposed by the agency and the basis for

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computing it.
(2) A statement that the agency continues to seek a
negotiated agreement with the property owner.
(3) A statement that, in the absence of a negotiated
agreement, it is the intention of the agency to initiate a
court proceeding under this Act.
The State agency shall maintain a record of the letters
sent in compliance with this Section for at least one year.
(e) Any duty imposed on a State agency by this Section may
be assumed by the Office of the Attorney General, the Capital
Development Board, or any other agency of State government
that is assisting or acting on behalf of the State agency in
the matter.
(Source: P.A. 94-1055, eff. 1-1-07.)
(735 ILCS 30/20-5-5) (was 735 ILCS 5/7-103)
Sec. 20-5-5. Quick-take.
(a) This Section applies only to proceedings under this
Article that are authorized in this Article and in Article 25
of this Act.
(b) In a proceeding subject to this Section, the
plaintiff, at any time after the complaint has been filed and
before judgment is entered in the proceeding, may file a
written motion requesting that, immediately or at some
specified later date, the plaintiff either: (i) be vested with
the fee simple title (or such lesser estate, interest, or

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easement, as may be required) to the real property, or a
specified portion of that property, which is the subject of
the proceeding, and be authorized to take possession of and
use the property; or (ii) only be authorized to take
possession of and to use the property, if possession and use,
without the vesting of title, are sufficient to permit the
plaintiff to proceed with the project until the final
ascertainment of compensation. No land or interests in land
now or hereafter owned, leased, controlled, or operated and
used by, or necessary for the actual operation of, any common
carrier engaged in interstate commerce, or any other public
utility subject to the jurisdiction of the Illinois Commerce
Commission, shall be taken or appropriated under this Section
by the State of Illinois, except property to be acquired by the
Department of Transportation under Article 4, Division 5 or
Article 8 of the Illinois Highway Code, the Illinois Toll
Highway Authority, the sanitary district, the St. Louis
Metropolitan Area Airport Authority, or the Board of Trustees
of the University of Illinois without first securing the
approval of the Illinois Commerce Commission.
Except as otherwise provided in this Article, the motion
for taking shall state: (1) an accurate description of the
property to which the motion relates and the estate or
interest sought to be acquired in that property; (2) the
formally adopted schedule or plan of operation for the
execution of the plaintiff's project; (3) the situation of the

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property to which the motion relates, with respect to the
schedule or plan; (4) the necessity for taking the property in
the manner requested in the motion; and (5) if the property
(except property described in Section 3 of the Sports Stadium
Act or property described as Site B in Section 2 of the
Metropolitan Pier and Exposition Authority Act, or property to
be acquired by the Department of Transportation under Article
4, Division 5 or Article 8 of the Illinois Highway Code) to be
taken is owned, leased, controlled, or operated and used by,
or necessary for the actual operation of, any interstate
common carrier or other public utility subject to the
jurisdiction of the Illinois Commerce Commission, a statement
to the effect that the approval of the proposed taking has been
secured from the Commission, and attaching to the motion a
certified copy of the order of the Illinois Commerce
Commission granting approval. If the schedule or plan of
operation is not set forth fully in the motion, a copy of the
schedule or plan shall be attached to the motion.
(Source: P.A. 94-1055, eff. 1-1-07.)
Section 99. Effective date. This Act takes effect upon
becoming law.