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; and
- (iii) the acquired property will be controlled by a private party that operates a business or facility related to the condemning authority’s operation of a:
- university
- medical district or hospital
- exposition or convention center
- mass transportation facility, or airport, including
- but not limited to:
- a medical clinic
- research and development center
- food or commercial concession facility
- social service facility, maintenance or storage facility, cargo facility,
rental car facility, bus facility, taxi facility, flight kitchen, fixed based operation, parking facility, refueling facility, water supply facility, and railroad tracks and
stations.The Vedette | Rep. Parkhurst Files Legislation to Strengthen Private Property Rights