Chapter 735 — CIVIL PROCEDURE

(735 ILCS 5/9-311) (from Ch. 110, par. 9-311) Sec. 9-311. Bond for release of property. When any distress warrant is levied, the person whose property is distrained, may release the same by entering into bond in double the amount of the rent claimed, payable to the landlord, with…

(735 ILCS 5/9-312) (from Ch. 110, par. 9-312) Sec. 9-312. Perishable property. If any property distrained is of a perishable nature and in danger of immediate waste or decay, and is not replevied or bonded, the landlord or his or her agent or attorney may, upon giving notice to t…

(735 ILCS 5/9-313) (from Ch. 110, par. 9-313) Sec. 9-313. Limitation. The right of the landlord to distrain the personal goods of the tenant, shall continue for the period of 6 months after the expiration of the term for which the premises were demised or the tenancy is terminate…

(735 ILCS 5/9-314) (from Ch. 110, par. 9-314) Sec. 9-314. Distress for products and labor. When the rent is payable wholly or in part in specific articles of property or products of the premises, or labor, the landlord may distrain for the value of such articles, products or labo…

(735 ILCS 5/9-315) (from Ch. 110, par. 9-315) Sec. 9-315. Exemption. The same articles of personal property which are, by law, exempt from the enforcement of a judgment thereon, except the crops grown or growing upon the demised premises, shall also be exempt from distress for re…

(735 ILCS 5/9-316) (from Ch. 110, par. 9-316) Sec. 9-316. Lien upon crops. Every landlord shall have a lien upon the crops grown or growing upon the demised premises for the rent thereof, whether the same is payable wholly or in part in money or specific articles of property or p…

(735 ILCS 5/9-316.1) (from Ch. 110, par. 9-316.1) Sec. 9-316.1. Tenant's duty to disclose to landlord identity of vendee of crops. (a) Where, pursuant to Section 9-316, a landlord has required that, before the tenant sells crops grown on the demised premises, the tenant disclose …

(735 ILCS 5/9-317) (from Ch. 110, par. 9-317) Sec. 9-317. Landlord's right against sublessee. In all cases when the leased premises are sublet, or the lease is assigned, the landlord shall have the same right to enforce his or her lien against the sublessee or assignee, that the …

(735 ILCS 5/9-318) (from Ch. 110, par. 9-318) Sec. 9-318. Abandonment of premises. When a tenant abandons or removes from the premises or any part thereof, the landlord or his or her agent or attorney may seize upon any grain or other crops grown or growing upon the premises or p…

(735 ILCS 5/9-319) (from Ch. 110, par. 9-319) Sec. 9-319. Removal of fixture. Subject to the right of the landlord to distrain for rent, a tenant has the right to remove from the leased premises all removable fixtures erected thereon by him or her during the term of the lease, or…

(735 ILCS 5/9-320) (from Ch. 110, par. 9-320) Sec. 9-320. Notice by nonresident owner. (a) An owner of residential real property containing more than 4 living units, who does not reside or maintain an office therein and does not employ a manager or agent who resides or maintains …

(735 ILCS 5/9-321) (from Ch. 110, par. 9-321) Sec. 9-321. Distress before rent due. If any tenant shall, without the consent of his or her landlord, sell and remove, or permit to be removed, or be about to sell and remove, or permit to be removed, from the demised premises, such …

(735 ILCS 30/1-1-1) Sec. 1-1-1. Short title. This Act may be cited as the Eminent Domain Act. (Source: P.A. 94-1055, eff. 1-1-07.)

(735 ILCS 30/1-1-5) Sec. 1-1-5. Definitions. As used in this Act, except with respect to the acquisition or damaging of property authorized under the O'Hare Modernization Act: "Acquisition of property", unless the context otherwise requires, includes the acquisition, damaging, or…

(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 impro…

(735 ILCS 30/10-5-100) (was 735 ILCS 5/7-129) Sec. 10-5-100. Lands of State institutions not taken. No part of any land conveyed before, on, or after the effective date of this Act to the State of Illinois, for the use of any benevolent institutions of the State (or to any such i…

(735 ILCS 30/10-5-105) Sec. 10-5-105. Sale of certain property acquired by condemnation. (a) This Section applies only to property that (i) has been acquired after the effective date of this Act by condemnation or threat of condemnation, (ii) was acquired for public ownership and…

(735 ILCS 30/10-5-110) Sec. 10-5-110. Offers of settlement by defendant; attorney's fees and litigation expenses. (a) This Section applies only to proceedings for the acquisition of property for private ownership or control that are subject to subsection (c), (d), (e), or (f) of …

(735 ILCS 30/10-5-115) Sec. 10-5-115. Eligible costs. Any cost required to be paid by a condemning authority under this Act, including, but not limited to, relocation costs and attorney's fees, shall be deemed a redevelopment project cost or eligible cost under the statute pursua…

(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 Ac…

(735 ILCS 30/10-5-20) (was 735 ILCS 5/7-113) Sec. 10-5-20. Construction easement. If a taking is for a construction easement only, any structure that has been removed or taken shall be repaired, reestablished or relocated, at the option of the landowner, when the cost of the acti…

(735 ILCS 30/10-5-25) (was 735 ILCS 5/7-114) Sec. 10-5-25. Service; notice. Service of summons and publication of notice shall be made as in other civil cases. (Source: P.A. 94-1055, eff. 1-1-07.)

(735 ILCS 30/10-5-30) (was 735 ILCS 5/7-115) Sec. 10-5-30. Hearing. Except as provided in Sections 20-5-10, 20-5-15, 20-5-20, and 20-5-45 of this Act, no cause shall be heard earlier than 20 days after service upon defendant or upon due publication against non-residents. Any numb…

(735 ILCS 30/10-5-35) (was 735 ILCS 5/7-116) Sec. 10-5-35. Challenge of jurors. The plaintiff, and every party interested in the ascertaining of compensation, shall have the same right of challenge of jurors as in other civil cases in the circuit courts. (Source: P.A. 94-1055, ef…

(735 ILCS 30/10-5-40) (was 735 ILCS 5/7-117) Sec. 10-5-40. Oath of jury. When the jury is selected, the court shall cause the following oath to be administered to the jury: You and each of you do solemnly swear that you will well and truly ascertain and report just compensation t…

(735 ILCS 30/10-5-45) (was 735 ILCS 5/7-118) Sec. 10-5-45. View of premises; jury's report. The jury shall, at the request of either party, go upon the land sought to be taken or damaged, in person, and examine the same. After hearing the proof offered, the jury shall make its re…

(735 ILCS 30/10-5-5) (was 735 ILCS 5/7-101) Sec. 10-5-5. Compensation; jury. (a) Private property shall not be taken or damaged for public use without just compensation and, in all cases in which compensation is not made by the condemning authority, compensation shall be ascertai…

(735 ILCS 30/10-5-50) (was 735 ILCS 5/7-119) Sec. 10-5-50. Admissibility of evidence. Evidence is admissible as to: (1) any benefit to the landowner that will result from the public improvement for which the eminent domain proceedings were instituted; (2) any unsafe, unsanitary, …

(735 ILCS 30/10-5-55) (was 735 ILCS 5/7-120) Sec. 10-5-55. Special benefits. In assessing damages or compensation for any taking or property acquisition under this Act, due consideration shall be given to any special benefit that will result to the property owner from any public …

(735 ILCS 30/10-5-60) (was 735 ILCS 5/7-121) Sec. 10-5-60. Value. Except as to property designated as possessing a special use, the fair cash market value of property in a proceeding in eminent domain shall be the amount of money that a purchaser, willing, but not obligated, to b…

(735 ILCS 30/10-5-62) Sec. 10-5-62. Relocation costs. Except when federal funds are available for the payment of direct financial assistance to persons displaced by the acquisition of their real property, in all condemnation proceedings for the taking or damaging of real property…

(735 ILCS 30/10-5-65) (was 735 ILCS 5/7-122) Sec. 10-5-65. Reimbursement; inverse condemnation. (a) Except as provided in subsection (b), when the condemning authority is required by a court to initiate condemnation proceedings for the actual physical taking of real property, the…

(735 ILCS 30/10-5-70) (was 735 ILCS 5/7-123) Sec. 10-5-70. Judgments. (a) If the plaintiff is not in possession pursuant to an order entered under the provisions of Section 20-5-15 of this Act, the court, upon the report of the jury under Section 10-5-45 or upon the court's ascer…

(735 ILCS 30/10-5-75) (was 735 ILCS 5/7-124) Sec. 10-5-75. Intervening petition. Any person not made a party may become a party by filing an intervening petition setting forth that the petitioner is the owner or has an interest in property that will be taken or damaged by the pro…

(735 ILCS 30/10-5-80) (was 735 ILCS 5/7-125) Sec. 10-5-80. Bond; use of premises. When compensation is ascertained, as provided in this Act, if the party in whose favor the compensation is ascertained appeals the order or judgment ascertaining just compensation, the plaintiff sha…

(735 ILCS 30/10-5-85) (was 735 ILCS 5/7-126) Sec. 10-5-85. Payment to county treasurer. Payment of the final compensation adjudged, including any balance remaining due because of the insufficiency of any deposit made under Section 20-5-15 of this Act to satisfy in full the amount…

(735 ILCS 30/10-5-90) (was 735 ILCS 5/7-127) Sec. 10-5-90. Distribution of compensation. The amount of just compensation shall be distributed among all persons having an interest in the property according to the fair value of their legal or equitable interests. If there is a cont…

(735 ILCS 30/10-5-95) (was 735 ILCS 5/7-128) Sec. 10-5-95. Verdict and judgment to be filed of record. The court shall cause the verdict of the jury and the judgment of the court to be filed of record. (Source: P.A. 94-1055, eff. 1-1-07.)

(735 ILCS 30/15-1-5) Sec. 15-1-5. Grants of power in other statutes; this Act controls. The State of Illinois and its various subdivisions and agencies, and all units of local government, school districts, and other entities, have the powers of condemnation and eminent domain tha…

(735 ILCS 30/15-5-1) Sec. 15-5-1. Form and content of list. The Sections of this Part 5 are intended to constitute a list of the Sections of the Illinois Compiled Statutes that include express grants of the power to acquire property by condemnation or eminent domain. The list is …

(735 ILCS 30/15-5-10) Sec. 15-5-10. Eminent domain powers in ILCS Chapters 45 through 65. The following provisions of law may include express grants of the power to acquire property by condemnation or eminent domain: (45 ILCS 30/3); Quad Cities Interstate Metropolitan Authority C…

(735 ILCS 30/15-5-15) (Text of Section from P.A. 104-435) Sec. 15-5-15. Eminent domain powers in ILCS Chapters 70 through 75. The following provisions of law may include express grants of the power to acquire property by condemnation or eminent domain: (70 ILCS 5/8.02 and 5/9); A…

(735 ILCS 30/15-5-20) Sec. 15-5-20. Eminent domain powers in ILCS Chapters 105 through 115. The following provisions of law may include express grants of the power to acquire property by condemnation or eminent domain: (105 ILCS 5/10-22.35A); School Code; school boards; for schoo…

(735 ILCS 30/15-5-25) Sec. 15-5-25. Eminent domain powers in ILCS Chapters 205 through 430. The following provisions of law may include express grants of the power to acquire property by condemnation or eminent domain: (220 ILCS 5/8-509); Public Utilities Act; public utilities; f…

(735 ILCS 30/15-5-30) Sec. 15-5-30. Eminent domain powers in ILCS Chapters 505 through 525. The following provisions of law may include express grants of the power to acquire property by condemnation or eminent domain: (515 ILCS 5/1-145); Fish and Aquatic Life Code; Department of…

(735 ILCS 30/15-5-35) Sec. 15-5-35. Eminent domain powers in ILCS Chapters 605 through 630. The following provisions of law may include express grants of the power to acquire property by condemnation or eminent domain: (605 ILCS 5/4-501); Illinois Highway Code; Department of Tran…

(735 ILCS 30/15-5-40) Sec. 15-5-40. Eminent domain powers in ILCS Chapters 705 through 820. The following provisions of law may include express grants of the power to acquire property by condemnation or eminent domain: (765 ILCS 230/2); Coast and Geodetic Survey Act; United State…

(735 ILCS 30/15-5-45) Sec. 15-5-45. (Repealed). (Source: P.A. 96-1015, eff. 7-8-10. Repealed by P.A. 96-1000, eff. 7-2-10.)

(735 ILCS 30/15-5-46) Sec. 15-5-46. Eminent domain powers in new Acts. The following provisions of law may include express grants of the power to acquire property by condemnation or eminent domain: Rock Island Regional Port District Act; Rock Island Regional Port District and par…

(735 ILCS 30/15-5-47) Sec. 15-5-47. Eminent domain powers in new Acts. The following provisions of law may include express grants of the power to acquire property by condemnation or eminent domain: (Reserved). (Source: P.A. 98-109, eff. 7-25-13; 98-564, eff. 8-27-13; 98-756, eff.…