Sec. 10-5-15. State agency proceedings; information.

472 words·~2 min read·/il/chapter-735/act-30/10-5-15

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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 Act, the agency must designate and provide for an appropriate person to respond to requests arising from the notifications required under this Section. The designated person may be an employee of the agency itself or an employee of any other appropriate State agency. The designated person shall respond to property owners' questions about the authority and procedures of the State agency in acquiring property by condemnation and about the property owner's general rights under those procedures. However, the designated person shall not provide property owners with specific legal advice or specific legal referrals.

(c)At the time of first contact with a property owner, whether in person or by letter, the State agency shall advise the property owner, in writing, of the following:

(1)A description of the property that the agency seeks to acquire.

(2)The name, address, and telephone number of the State official designated under

subsection

(b)to answer the property owner's questions.

(3)The identity of the State agency attempting to acquire the property.

(4)The general purpose of the proposed acquisition.

(5)The type of facility to be constructed on the property, if any.

(d)At least 60 days before filing a petition with any court to initiate a proceeding under this Act, a State agency shall send a letter in any one of the following ways:

(I)by the United States Postal Service, certified mail, return receipt requested;

(II)by a designated private delivery service as defined by the Internal Revenue Service

that provides the same function as certified mail with return receipts; or

(III)the letter is personally served.

A letter under this Section shall be sent to the owner of the property to be taken or, in the case of a corporation or other business organization, to the registered agent of the owner setting forth the following information:

(1)The amount of compensation for the taking of the property proposed by the agency and

the basis for computing it.

(2)A statement that the agency continues to seek a negotiated agreement with the

property owner.

(3)A statement that, in the absence of a negotiated agreement, it is the intention of

the agency to initiate a court proceeding under this Act.

The State agency shall maintain a record of the letters sent in compliance with this Section for at least one year.

(e)Any duty imposed on a State agency by this Section may be assumed by the Office of the Attorney General, the Capital Development Board, or any other agency of State government that is assisting or acting on behalf of the State agency in the matter.