Miscellaneous Provisions

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(735 ILCS 30/Art. 90 heading)

Article 90. Miscellaneous Provisions

 

(735 ILCS 30/90-5-5)

Sec. 90-5-5. Applicability. This Act applies only to complaints to condemn that are filed on or after its effective date.

(Source: P.A. 94-1055, eff. 1-1-07.)

 

(735 ILCS 30/90-5-10)

Sec. 90-5-10. Continuation of prior statutes. The provisions of this Act, insofar as they are the same or substantially the same as those of any prior statute, shall be construed as a continuation of that prior statute and not as a new enactment, except as those provisions may be limited by other provisions of this Act.

(Source: P.A. 94-1055, eff. 1-1-07.)

 

(735 ILCS 30/90-5-15)

Sec. 90-5-15. Strict construction. This Act shall be strictly construed as a limitation on the exercise of eminent domain powers.

(Source: P.A. 94-1055, eff. 1-1-07.)

 

(735 ILCS 30/90-5-20)

Sec. 90-5-20. Home rule. The authorization of the use of eminent domain proceedings to take or damage property is an exclusive power and function of the State. No condemning authority, including a home rule unit, may exercise the power of eminent domain otherwise than as provided in this Act. This Act is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

(Source: P.A. 94-1055, eff. 1-1-07.)

 

(735 ILCS 30/90-5-90)

Sec. 90-5-90. Formatting in Senate Bill 3086. Most of the provisions of Articles 10, 20, and 25 of this Act are derived from Article VII of the Code of Civil Procedure. In the Bill creating this Act, the provisions so derived have been shown in amendatory format, that is, (i) the changes made to those provisions, as they existed in the Code of Civil Procedure on the date that the Bill was prepared, have been shown with striking and underscoring in the manner commonly used in amendatory Acts; (ii) the Section of the Code of Civil Procedure from which the material is derived is shown in the "was" citation at the beginning of the Section; and (iii) the Source information from the Code of Civil Procedure has been retained at the end of the Section. Sections not shown in amendatory format are new.

(Source: P.A. 94-1055, eff. 1-1-07.)


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