Illinois House Approves Eminent Domain Bill - Measure Would Protect Owners' Rights

April 24, 2006

Springfield.….The Illinois House of Representatives this week approved a measure that would put stringent limits on when and how governments can take private land, according to State Representative David Reis (R-Ste. Marie).  

"When the U.S. Supreme Court ruled last year that it was not a violation of federal law for the government to condemn a person's private property and allow it to be immediately turned over to a developer, a shock wave went through the nation" said Reis.  

In the wake of the ruling, politicians nationwide have scrambled to address the issue.   This year, 42 states are considering similar legislation. In 10 states, the reforms have already become law.

"Illinois House Republicans immediately filed House Bill 4091 in July to ensure that all property throughout Illinois is protected from such abuses" said Reis.   "I am proud to say that measure was the starting point for continued negotiations on this matter."

This past spring the Senate sent to the House Senate Bill 3086 dealing with the power of condemning property that was in a blighted or economically challenged neighborhood and turning it around into a safe and pleasant community to live in.   The House, however, took the Senate's version and greatly expanded it to reform the power of eminent domain in all cases.

"The House version not only protects the property owner from government abuse, but guarantees that in the unlikely case the power of eminent domain must be used for a public purpose, like a road, school, or park, then the property owner must be given a fair amount of money for their property, plus relocation costs and other types of compensation" Reis said.

The bill was approved this week on an 85-6 vote in the House.   The 450-page bill will require that any government wanting to take private property for private development will have to meet a higher legal standard before it can begin seizure proceedings.   "The bill sets the burden of proof on the government" said Reis. "They will have to show by clear and convincing evidence that they are taking property for the public good."

Under current law in order to stop land seizures, it is the property owner's responsibility to prove that the government is acting inappropriately.

Reis added that while the bill provides tremendous change in the current laws, eminent domain powers for state government to build a road or an airport would be unchanged. In addition, the bill would not affect redevelopment projects currently under way.