Illinois House Bill 4150 accomplishes two goals:
- limits the use of eminent domain to only public uses
- explicitly removes railroads from public use
If a private entity is involved in the project the following 6 steps must occur:
- the condemning authority must prove by a preponderance of
the evidence that:- (i) the acquisition of the property is necessary for a public purpose;
- (ii) the acquired property will be owned by the condemning authority or another governmental entity; …