(735 ILCS 30/15-5-35)
Sec. 15-5-35. Eminent domain powers in ILCS Chapters 605 through 625. The following provisions of law may include express grants of the power to acquire property by condemnation or eminent domain:
(605 ILCS 5/4-501); Illinois Highway Code; Department of
Transportation and counties; for highway purposes. (605 ILCS 5/4-502); Illinois Highway Code; Department of
Transportation; for ditches and drains. (605 ILCS 5/4-505); Illinois Highway Code; Department of
Transportation; for replacement of railroad and public utility property taken for highway purposes. (605 ILCS 5/4-509); Illinois Highway Code; Department of
Transportation; for replacement of property taken for highway purposes. (605 ILCS 5/4-510); Illinois Highway Code; Department of
Transportation; for rights-of-way for future highway purposes. (605 ILCS 5/4-511); Illinois Highway Code; Department of
Transportation; for relocation of structures taken for highway purposes. (605 ILCS 5/5-107); Illinois Highway Code; counties; for
county highway relocation. (605 ILCS 5/5-801); Illinois Highway Code; counties; for
highway purposes. (605 ILCS 5/5-802); Illinois Highway Code; counties; for
ditches and drains. (605 ILCS 5/6-309); Illinois Highway Code; highway
commissioners or county superintendents; for township or road district roads. (605 ILCS 5/6-801); Illinois Highway Code; highway
commissioners; for road district or township roads. (605 ILCS 5/6-802); Illinois Highway Code; highway
commissioners; for ditches and drains. (605 ILCS 5/8-102); Illinois Highway Code; Department of
Transportation, counties, and municipalities; for limiting freeway access. (605 ILCS 5/8-103); Illinois Highway Code; Department of
Transportation, counties, and municipalities; for freeway purposes. (605 ILCS 5/8-106); Illinois Highway Code; Department of
Transportation and counties; for relocation of existing crossings for freeway purposes. (605 ILCS 5/9-113); Illinois Highway Code; highway
authorities; for utility and other uses in rights-of-ways. (605 ILCS 5/10-302); Illinois Highway Code; counties; for
bridge purposes. (605 ILCS 5/10-602); Illinois Highway Code; municipalities;
for ferry and bridge purposes. (605 ILCS 5/10-702); Illinois Highway Code; municipalities;
for bridge purposes. (605 ILCS 5/10-901); Illinois Highway Code; Department of
Transportation; for ferry property. (605 ILCS 10/9); Toll Highway Act; Illinois State Toll
Highway Authority; for toll highway purposes. (605 ILCS 10/9.5); Toll Highway Act; Illinois State Toll
Highway Authority; for its authorized purposes. (605 ILCS 10/10); Toll Highway Act; Illinois State Toll
Highway Authority; for property of a municipality or political subdivision for toll highway purposes. (605 ILCS 115/14); Toll Bridge Act; counties; for toll bridge
purposes. (605 ILCS 115/15); Toll Bridge Act; counties; for the purpose
of taking a toll bridge to make it a free bridge. (605 ILCS 130/80); Public Private Agreements for the Illiana
Expressway Act; Department of Transportation; for the Illiana Expressway project.(610 ILCS 5/17); Railroad Incorporation Act; railroad
corporation; for real estate for railroad purposes. (610 ILCS 5/18); Railroad Incorporation Act; railroad
corporations; for materials for railways. (610 ILCS 5/19); Railroad Incorporation Act; railways; for
land along highways. (610 ILCS 70/1); Railroad Powers Act; purchasers and lessees
of railroad companies; for railroad purposes. (610 ILCS 115/2 and 115/3); Street Railroad Right of Way Act;
street railroad companies; for street railroad purposes. (615 ILCS 5/19); Rivers, Lakes, and Streams Act; Department
of Natural Resources; for land along public waters for pleasure, recreation, or sport purposes. (615 ILCS 10/7.8); Illinois Waterway Act; Department of
Natural Resources; for waterways and appurtenances. (615 ILCS 15/7); Flood Control Act of 1945; Department of
Natural Resources; for the purposes of the Act. (615 ILCS 30/9); Illinois and Michigan Canal Management Act;
Department of Natural Resources; for dams, locks, and improvements. (615 ILCS 45/10); Illinois and Michigan Canal Development
Act; Department of Natural Resources; for development and management of the canal. (620 ILCS 5/72); Illinois Aeronautics Act; Division of
Aeronautics of the Department of Transportation; for airport purposes. (620 ILCS 5/73); Illinois Aeronautics Act; Division of
Aeronautics of the Department of Transportation; for removal of airport hazards. (620 ILCS 5/74); Illinois Aeronautics Act; Division of
Aeronautics of the Department of Transportation; for airport purposes. (620 ILCS 25/33); Airport Zoning Act; Division of Aeronautics
of the Department of Transportation; for air rights. (620 ILCS 40/2 and 40/3); General County Airport and Landing
Field Act; counties; for airport purposes. (620 ILCS 40/5); General County Airport and Landing Field
Act; counties; for removing hazards. (620 ILCS 45/6 and 45/7); County Airport Law of 1943; boards
of directors of airports and landing fields; for airport and landing field purposes. (620 ILCS 50/22 and 50/31); County Airports Act; counties;
for airport purposes. (620 ILCS 50/24); County Airports Act; counties; for removal
of airport hazards. (620 ILCS 50/26); County Airports Act; counties; for
acquisition of airport protection privileges. (620 ILCS 52/15); County Air Corridor Protection Act;
counties; for airport zones. (620 ILCS 55/1); East St. Louis Airport Act; Department of
Transportation; for airport in East St. Louis metropolitan area. (620 ILCS 65/15); O'Hare Modernization Act; Chicago; for the
O'Hare modernization program, including quick-take power. (620 ILCS 75/2-15 and 75/2-90); Public-Private Agreements for
the South Suburban Airport Act; Department of Transportation; for South Suburban Airport purposes. (625 ILCS 5/2-105); Illinois Vehicle Code; Secretary of
State; for general purposes. (625 ILCS 5/18c-7501); Illinois Vehicle Code; rail carriers;
for railroad purposes, including quick-take power.
(Source: P.A. 97-808, eff. 7-13-12; incorporates 98-109, eff. 7-25-13; 98-756, eff. 7-16-14.)
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Last modified: February 18, 2015