735 ILCS 30/10-5-10
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 30/ - Eminent Domain Act.|Article 10 - General Procedure

 (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, 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.(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.(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 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, and 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.(Source: P.A. 98-109, eff. 7-25-13.)