2023 Illinois Compiled Statutes › Chapter 735 - CIVIL PROCEDURE › 735 ILCS 30/ - Eminent Domain Act. › Article 20 - Quick-take Procedure

(735 ILCS 30/Art. 20 heading)
Article 20.  Quick-take Procedure
(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
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, 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 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) 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.)
(735 ILCS 30/20-5-10) (was 735 ILCS 5/7-104)
Sec. 20-5-10. Preliminary finding of compensation.
(a) The court shall fix a date, not less than 5 days after
the filing of a motion under Section 20-5-5, for the hearing on that motion and shall require
due notice to be given to each party to the proceeding whose interests
would be affected by the taking requested, except that any party who has
been or is being served by publication and who has not entered his or her
appearance in the proceeding need not be given notice unless the court
so requires, in its discretion and in the interests of justice.
(b) At the hearing, if the court has not previously, in the same
proceeding, determined that the plaintiff has authority to exercise the
right of eminent domain, that the property sought to be taken is subject
to the exercise of that right, and that the right of eminent domain is not being
improperly exercised in the particular proceeding, then the court shall first
hear and determine those matters.  The court's order on those matters is
appealable and an appeal may be taken from that order by either party within
30 days after the entry of the order, but not thereafter, unless the
court, on good cause shown, extends the time for taking the
				
appeal.  However, no appeal shall stay the further proceedings 
prescribed in this Act unless the appeal is taken by the plaintiff or unless an
order staying further proceedings is entered either by the
trial court or by the court to which the appeal is taken.
(c) If the foregoing matters are determined in favor of the
plaintiff and further proceedings are not stayed, or if further
proceedings are stayed and the appeal results in a determination in
favor of the plaintiff, the court then shall hear the issues raised by
the plaintiff's motion for taking.  If the court finds that reasonable
necessity exists for taking the property in the manner requested in the
motion, then the court shall hear such evidence as it may consider
necessary and proper for a preliminary finding of just compensation. In its discretion, the court may appoint 3 competent and disinterested
appraisers as agents of the court to evaluate the property to which the
motion relates and to report their conclusions to the court; and their
fees shall be paid by the plaintiff.  The court shall then make a
preliminary finding of the amount constituting just compensation.
(d) The court's preliminary finding of just compensation and any deposit
made or security provided pursuant to that finding shall not be evidence in the
further proceedings to ascertain finally the just compensation to be
paid and shall not be disclosed in any manner to a jury impaneled in
the proceedings. If appraisers have been appointed, as 
authorized under this Article, their report shall not be evidence in those further
proceedings, but the appraisers may be called as witnesses by the
parties to the proceedings.
(Source: P.A. 94-1055, eff. 1-1-07.)
(735 ILCS 30/20-5-15) (was 735 ILCS 5/7-105)
Sec. 20-5-15. Deposit in court; possession.
(a) If the plaintiff deposits with the county treasurer money in
the amount preliminarily found by the court to be just compensation, the
court shall enter an order of taking, vesting in the plaintiff the fee
simple title (or such lesser estate, interest, or easement, as may be
required) to the property, if such vesting has been requested and has
been found necessary by the court, at a date the court considers
proper, and fixing a date on which the plaintiff is authorized to take
possession of and to use the property.
(b) If, at the request of any interested party and upon his or her showing
of undue hardship or other good cause, the plaintiff's authority to
take possession of the property is postponed for more than 10 days after
the date of vesting of title or more than 15 days after the entry
of the 
				order of taking when the order does not vest title in the plaintiff, then
that party shall pay to the plaintiff a reasonable rental for the
				
property in an amount determined by the court. Injunctive relief
or any other appropriate judicial process or
procedure shall be available to place the plaintiff in possession of
the property on and after the date fixed by the court for the taking of

				possession and to prevent any unauthorized interference with 
possession and the plaintiff's proper use of the property. The county
treasurer shall refund to the plaintiff the amount deposited prior to
October 1, 1973 that is in excess of
the amount preliminarily found by the court to be just compensation.
(c) When property is taken by a unit of local government for the
purpose of constructing a body of water to
be used by a local government-owned "public utility", as defined in Section
11-117-2 of the Illinois Municipal Code, and the unit of local government intends to sell or lease the property to a
non-governmental entity, the defendants holding title before the order
that transferred title shall be allowed first opportunity to repurchase
the property for a fair market value or first opportunity to lease the
property for a fair market value.
(Source: P.A. 94-1055, eff. 1-1-07.)
(735 ILCS 30/20-5-20) (was 735 ILCS 5/7-106)
Sec. 20-5-20. Withdrawal by persons having an interest. At any time after the plaintiff has taken possession of the property
pursuant to the order of taking, if an appeal has not been and will not
be taken from the court's order described in subsection (b) of Section
20-5-10 of this Act, or if such an appeal has been taken and has been
determined in favor of the plaintiff, any party interested in the
property may apply to the court for authority to withdraw,
				for his or her own
use, his or her share (or any part thereof) of the amount preliminarily found by
the court to be just compensation and deposited by the plaintiff, in
accordance with the provisions of subsection (a) of Section
20-5-15
				
				of this Act,
as that share is determined by the court. The court
shall then fix a date for a hearing on the application for authority to withdraw and shall
require due notice of the application to be given to each party whose
interests would be affected by the withdrawal. After the hearing, the
court may authorize the withdrawal requested, or any part thereof as
is proper, but upon the condition that the party making the
				
withdrawal shall refund to the clerk of the court, upon the entry of a
proper court order, any portion of the amount withdrawn that
				
				exceeds the amount finally ascertained in the proceeding to be just
compensation (or damages, costs, expenses, or attorney fees) owing to
that party.
(Source: P.A. 94-1055, eff. 1-1-07.)
(735 ILCS 30/20-5-25) (was 735 ILCS 5/7-107)
Sec. 20-5-25. Persons contesting not to be prejudiced. Neither the
plaintiff nor any party interested in the property, by taking any action
authorized by Sections 20-5-5 through 20-5-20, inclusive, of this Act, or authorized under Article 25 of this Act, shall be
prejudiced in any way in contesting, in later stages of the proceeding, the
amount to be finally ascertained to be just compensation.
(Source: P.A. 94-1055, eff. 1-1-07.)
(735 ILCS 30/20-5-30) (was 735 ILCS 5/7-108)
Sec. 20-5-30. Interest payments. The plaintiff shall pay, in addition to
the just compensation
finally adjudged in the proceeding, interest at the rate of 6% per annum
upon:
(1) Any excess of the just compensation finally     adjudged, over the amount preliminarily found by the court to be just compensation in accordance with Section 20-5-10 of this Act, from the date on which the parties interested in the property surrendered possession of the property in accordance with the order of taking, to the date of payment of the excess by the plaintiff.
(2) Any portion of the amount preliminarily found by     the court to be just compensation and deposited by the plaintiff, to which any interested party is entitled, if the interested party applied for authority to withdraw that portion in accordance with Section 20-5-20  of this Act, and upon objection by the plaintiff (other than on grounds that an appeal under subsection (b) of Section 20-5-10 of this Act is pending or contemplated), authority to withdraw was denied; interest shall be paid to that  party from the date of the plaintiff's deposit to the date of payment to that  party.
When interest is allowable as provided under item (1) of this
Section, no further interest shall be allowed under the provisions of
Section 2-1303 of the Code of Civil Procedure or any other law.
(Source: P.A. 94-1055, eff. 1-1-07.)
(735 ILCS 30/20-5-35) (was 735 ILCS 5/7-109)
Sec. 20-5-35. Refund of excess deposit. If the amount withdrawn from
deposit by any interested party
under the provision of Section 20-5-20 of this Act exceeds the amount
finally adjudged to be just compensation (or damages, costs, expenses,
and attorney fees) due to that party, the court shall order that party
to refund the excess to the clerk of the court and, if refund is not
made within a reasonable time fixed by the court, shall enter judgment
for the excess in favor of the plaintiff and against that
				
				party.
(Source: P.A. 94-1055, eff. 1-1-07.)
(735 ILCS 30/20-5-40) (was 735 ILCS 5/7-110)
Sec. 20-5-40. Dismissal; abandonment. After the plaintiff has taken possession
of the property
pursuant to the order of taking, the plaintiff shall have no right to
dismiss the complaint or to abandon the proceeding, as to all or any
part of the property so taken, except upon the consent of all parties to
the proceeding whose interests would be affected by the dismissal or
abandonment.
(Source: P.A. 94-1055, eff. 1-1-07.)
(735 ILCS 30/20-5-45) (was 735 ILCS 5/7-111)
Sec. 20-5-45. Payment of costs. If, on an appeal taken under the provisions
of Section 20-5-10 of this Act, the plaintiff is determined not to have the
authority to maintain the proceeding as to any property
				that is the
subject of that appeal or if, with the consent of all parties to the
proceeding whose interests are affected, the plaintiff dismisses
the complaint or abandons the proceedings as to any property that is the subject of the appeal, the
trial court then shall enter an order: (i) revesting the title to the
				
property in the parties entitled thereto, if the order of taking vested
title in the plaintiff; (ii) requiring the plaintiff to deliver possession
of the property to the parties entitled to possession; and
(iii) making such provision as is just for the payment of damages
arising out of the plaintiff's taking and use of the property and
also for costs, expenses, and attorney fees, as provided in Section 10-5-70 of this Act. The court may order the clerk of the court to pay those
				
sums to the parties entitled thereto out of the money deposited by the
plaintiff in accordance with the provisions of subsection (a) of Section 20-5-15 of this
Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
(735 ILCS 30/20-5-50) (was 735 ILCS 5/7-112)
Sec. 20-5-50. Construction of Article. The right to take possession and
title prior to the final
judgment,
as prescribed in this Article and Article 25
				
of this Act shall be in
addition to any other right, power, or authority otherwise conferred by
law and shall not be construed as abrogating, limiting, or modifying any

				other right, power, or authority.
(Source: P.A. 94-1055, eff. 1-1-07.)