HB 1105 — ICC APPROVAL OF EMINENT DOMAIN

HB1105 EngrossedEnrolled LRB103 00106 AWJ 45107 b AN ACT concerning local government.

(b) Where a water system that is owned by a public utility HB1105 EngrossedEnrolled - 2 - LRB103 00106 AWJ 45107 b (as defined in the Public Utilities Act) provides water to customers located in 2 or more municipalities, the system may be acquired by a majority of the municipalities by eminent domain.

The public utility shall provide information relative HB1105 EngrossedEnrolled - 3 - LRB103 00106 AWJ 45107 b to the number of customers within each municipality and within the system within 60 days after any such request by a municipality.

(e) For the purposes of this Section, "system" includes all assets reasonably necessary to provide water service to a contiguous or compact geographical service area or to an area served by a common pipeline and include, but are not limited to, interests in real estate, all wells, pipes, treatment plants, pumps and other physical apparatus, data and records of facilities and customers, fire hydrants, equipment, or vehicles and also includes service agreements and obligations derived from use of the assets, whether or not the assets are contiguous to the municipality, municipalities, or entity HB1105 EngrossedEnrolled - 4 - LRB103 00106 AWJ 45107 b created for the purpose of owning or operating a water system.

In the absence of other agreement, the utility must respond to any notice by the municipality concerning its review and inspection within 21 days after receiving the HB1105 EngrossedEnrolled - 5 - LRB103 00106 AWJ 45107 b notice.

In the event the dispute under this subsection cannot be resolved, HB1105 EngrossedEnrolled - 6 - LRB103 00106 AWJ 45107 b either party may request relief from the circuit court in any county in which the water system is located, with the prevailing party to be awarded such relief as the court deems appropriate under the discovery abuse sanctions currently set forth in the Illinois Code of Civil Procedure.

(g) Notwithstanding any other provision of law, the Illinois Commerce Commission has no approval authority of any eminent domain action brought by any governmental entity or combination of such entities to acquire water systems or water HB1105 EngrossedEnrolled - 7 - LRB103 00106 AWJ 45107 b works, except as is provided in subsection (h) of Section 10-5-10 of the Eminent Domain Act.

HB1105 EngrossedEnrolled - 8 - LRB103 00106 AWJ 45107 b (Source:

Additionally, in determining the fair cash market value of existing utility facilities, whether real or personal, consideration may be given to the depreciated value of all HB1105 EngrossedEnrolled - 9 - LRB103 00106 AWJ 45107 b facilities and fixtures constructed by the utility company and payments made by the utility company in connection with the acquisition or donation of any waterworks or sanitary sewage system.

(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 HB1105 EngrossedEnrolled - 10 - LRB103 00106 AWJ 45107 b 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.

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 HB1105 EngrossedEnrolled - 11 - LRB103 00106 AWJ 45107 b the proceeding.

(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 HB1105 EngrossedEnrolled - 12 - LRB103 00106 AWJ 45107 b provided by law.

(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 Municipal Code or a municipality that is a member of such a HB1105 EngrossedEnrolled - 13 - LRB103 00106 AWJ 45107 b 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.