IL HB4150 | 2017-2018 | 100th General Assembly

Status

Completed Legislative Action
Spectrum: Partisan Bill (Republican 2-0)
Status: Failed on January 8 2019 - 100% progression
Action: 2019-01-08 - Session Sine Die
Text: Latest bill text (Introduced) [HTML]

Summary

Amends the Eminent Domain Act. In language creating a rebuttable presumption that the acquisition of certain property (or right or interest in property) is (i) primarily for the benefit, use, or enjoyment of the public; and (ii) necessary for a public purpose, removes: language referring to the use of the land for railroads; and references to land acquired under certain other Acts. Provides that if the exercise of eminent domain authority is to acquire property for private ownership or control and if the primary purpose of the acquisition is, among other enumerated purposes, ownership or use by a railroad for passenger transportation purposes (instead of "passenger or freight transportation purposes), then the condemning authority must prove by a preponderance of the evidence that the acquisition of the property is necessary for a public purpose and that an instrument has been or will be executed and recorded against the acquired property to assure that the project and the use of the property remain consistent with the use for a period of at least 40 years, which execution and recording shall be included as a requirement in any final order entered in the condemnation proceeding.

Tracking Information

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Title

EMINENT DOMAIN-RAILROADS

Sponsors


History

DateChamberAction
2019-01-08HouseSession Sine Die
2018-04-13HouseRule 19(a) / Re-referred to Rules Committee
2018-04-11HouseAdded Chief Co-Sponsor Rep. Joe Sosnowski
2018-01-31HouseTo Civil Procedure Subcommittee
2018-01-24HouseAssigned to Judiciary - Civil Committee
2017-11-06HouseReferred to Rules Committee
2017-11-06HouseFirst Reading
2017-11-06HouseFiled with the Clerk by Rep. Lindsay Parkhurst

Code Citations

ChapterArticleSectionCitation TypeStatute Text
735305-5-5Amended CodeCitation Text

Illinois State Sources


Bill Comments

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