LEGISLATION UPDATES

Property owners get boost 8/21/06

SB 3086        Protection of Private Property Rights

                    SB3086 is now Public Act 94-1055
                    Passed by Senate, Signed by the Governor 7/28/06
                    To view it's progress and read the official summary of SB 3086 CLICK HERE

Eminent domain targeted  Northwest Herald     4/20/06

While Illinois has good case law that tends to protect private property owners, a recent U.S. Supreme Court decision (Kelo v. New London) made it easier for property to be seized for private development under the guise of economic development.

Public Act 94-1055 increases the rights of private property owners from the threat of unfair eminent domain seizures and places more reasonable limits on when government can seize land.

Prior to Public Act 94-1055 it was fairly easy for a government entity to declare an area “blighted” in order to acquire it via eminent domain. Public Act 94-1055 requires the government to prove in court with "clear and convincing" evidence that the land condemnation and seizure is necessary.

Finally, Public Act 94-1055 insures that if a property is seized through eminent domain, the government will pay the owner its fair market value as well as a "relocation fee" for the property owner, providing additional funds in order to relocate their home or business.

We were very disappointed that State Senator Pamela Althoff chose to vote "present" when this bill was first at the Senate, based on that initial vote the NFIB has her voting present in their information, but Senator Altoff has assurred us that she voted for this bill before it went on to the Govenor. Previously this site had stated that Senator Altoff had voted present twice, we apologize for that, we beleive you Senator, but I just can't seem to find a record of that final Senate vote.

6/26/06:
We received an email from Senator Althoff clarifying her position on SB 8086.
"Senator Althoff did vote for eminent domain legislation when it returned to the Senate prior to June 1st which is the date of your update report...I was very involved in the crafting of this legislation which became much more property owner friendly after it left the Senate...much to Senate and House bipartisan local government caucus members involvement and success. Please note I am cochair of this caucus ...when this legislation was in the Senate it was NOT as property owner friendly as it is now...when it became a better piece of legislation I voted yes...I indicated as much when I voted present originally. I would appreciate the clarification."

Message to State Senator Pamela Althoff: We understand that Mayors and Village Presidents have lobbied against SB 3086. You are a former Mayor of McHenry, a city that is using TIF to make huge and wonderful improvements to its area, so we are aware that you must have a very unique perspective on this legislation. We know that you may have some difficult choices to make here, in order to help insure the "good of all".

Visit: ITIA 2006 LEGISLATIVE ALERT Number 3 Update

to see the other organizations who signed on to oppose SB 3086.

This link also provides information on other TIF related Illinois legislation.

Supporters Urge House Passage of Equity in Eminent Domain Act

National Federation of Independent Business' Position  4/7/06

Illinois Tax Increment Association's Position   3/30/06

Chicago Sun-Times: Senate OK's measure to restrict eminent domain  3/3/06

Condemnation Limitation Bill Will Not Lift Threat in Current TIF Districts;

Seemingly Little Future Protection from TIFs

Governor Rod Blagojevich
207 Statehouse
Springfield, IL 62706
Phone: 217-782-0244
Citizen assistance: 800-642-3112
Fax: 217-782-6620
governor@state.il.us