Sec. 45. Abatement as public nuisance.

174 words·~1 min read·/il/chapter-740/act-147/45

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

(a)Any real property that is erected, established, maintained, owned, leased, or used by any streetgang for the purpose of conducting streetgang related activity constitutes a public nuisance and may be abated as provided in Article 37 of the Criminal Code of 2012 relating to public nuisances.

(b)An action to abate a nuisance under this Section may be brought by the State's Attorney of the county where the seizure occurred.

(c)Any person who is injured by reason of streetgang related activity shall have a cause of action for 3 times the actual damages sustained and, if appropriate, punitive damages; however, no cause of action shall arise under this subsection

(c)as a result of an otherwise legitimate commercial transaction between parties to a contract or agreement for the sale of lawful goods or property or the sale of securities regulated by the Illinois Securities Law of 1953 or by the federal Securities and Exchange Commission. The person shall also recover reasonable attorney's fees, costs, and expenses.