(Didech, D-Buffalo Grove) amends the Eviction Article of the Code of Civil Procedure to provide if the plaintiff is unable to obtain personal service on the defendant, the sheriff must cause the notice of eviction litigation to be posted on the website of the county where the cause is to be tried at least 10 days before the day set for the appearance. Applies only in counties that have a website maintained by the county. Just introduced.
The Illinois Commerce Commission granted plaintiff eminent-domain authority to acquire easements over certain real estate for a planned construction of an oil pipeline. Landowners filed a traverse motion challenging plaintiff's right to build the pipeline but their motion was denied by the trial court and awarded just compensation. The Appellate Court reversed and remanded, holding that the trial court had failed to conduct a proper traverse hearing and should allow the landowners to challenge the rebuttable presumptions of public use and public necessity and the Commission's determination as to good faith. However, the trial court should conduct the discovery process consistent with the limited nature of a traverse motion. Defendants appealed a denial of a discovery request seeking information on the the involvement of a third party with the pipeline project. The Appellate Court upheld the denial of the discovery request because a third-party's involvement was not relevant for determining whether the pipeline is primarily for the benefit, use, or enjoyment of the public. The request was irrelevant to the limited purpose of a traverse hearing and was unduly burdensome. (HOLDER WHITE and TURNER, concurring.)
A cause of action for inverse condemnation is not cognizable when a quasi-governmental entity acquires a prescriptive flood easement over private property due to the inaction of previous landowners over a long period of time, as the easement arose before the owner acquired an interest in the property. The prescriptive easement is a granting, and is neither an actual taking nor a regulatory taking, and compensation is not required.(OVERSTREET and MOORE, concurring.)
Plaintiffs (sellers) sued Defendants (buyers) for breach of contract arising from a real estate transaction; court awarded them $5608 plus costs, and denied their petition for attorney fees. Sale contract, which contained short sale addendum, was for $410,000; buyers refused to close due to dispute with their lender. Plaintiffs then sold property, in short sale, to another buyer for $375,000. Collateral-source rule is not implicated, because bank absorbed the loss, and loan forgiveness was not a payment to Plaintiffs but a necessary condition for Plaintiffs to sell the property, and Plaintiffs agreed, as a condition of short sale, to walk away from transaction with zero. Contract for short sale does not relieve a plaintiff from having to prove an actual loss. (HUTCHINSON and HUDSON, concurring.)
(Sims, D-Chicago; Meyers-Martin, D-Matteson) provides that an heir or agent who files an unclaimed property claim in which the decedent's property does not exceed $100 may submit an affidavit attesting to the heir's or agent's capacity to claim in lieu of submitting a certified copy to verify a claim. The affidavit must be accompanied by a copy of other documentary proof that the State Treasurer requests. Allows the State Treasurer to change the maximum value by administrative rule. Effective August 9, 2019.
Section 22-35 of Property Tax Code does not include special district liens, and thus the legislature did not intend to allow them as a basis to petition for a sale in error on the basis of such a lien. (SCHOSTOK and SPENCE, concurring.)
(Welter, R-Morris; McConchie, R-Lake Zurich) deletes language stating that no order of complete or partial emancipation may be entered if there is any objection by the minor’s parents or guardian. Instead, it provides that such an order may be entered if the court finds, in a hearing, that emancipation would be in the minor’s best interests. Effective immediately.