Illinois § 25-5-104.5

Illinois Statutes

§ 25-5-104.5

JurisdictionIllinois

TopicRIGHTS AND REMEDIES

Ch. 735CIVIL PROCEDURE

Act 735 ILCS 30/Eminent Domain Act.

Art.Article 25 - Express Quick-take Powers

This text of Illinois § 25-5-104.5 is published on Counsel Stack Legal Research, covering Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

735 Ill. Comp. Stat. 25-5-104.5 (2026).

Text

Continuation and validation of quick-take powers; Menard County; Athens Blacktop.

(a)The General Assembly finds and declares the following:

(1)When Section 25-5-105 was added to this Act by Public Act 103-3, it contained a provision that called for Section 25-5-105 to be repealed May 31, 2023, which was 2 years after the effective date of Public Act 103-3.

(2)As a result of the enactment of Public Act 103-605, the repeal date of Section 25-5-105 was extended to May 31, 2025.

(3)Senate Bill 2456 of the 104th General Assembly included a provision that further extended the repeal date of Section 25-5-105 from May 31, 2025 to May 31, 2026, but Senate Bill 2456 did not become law until June 16, 2025.

(4)The Statute on Statutes sets forth general rules on the repeal of statutes, but Section

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Continuation and validation of quick-take powers; Menard County; Athens Blacktop. (a) The General Assembly finds and declares the following: (1) When Section 25-5-105 was added to this Act by Public Act 103-3, it contained a provision that called for Section 25-5-105 to be repealed May 31, 2023, which was 2 years after the effective date of Public Act 103-3. (2) As a result of the enactment of Public Act 103-605, the repeal date of Section 25-5-105 was extended to May 31, 2025. (3) Senate Bill 2456 of the 104th General Assembly included a provision that further extended the repeal date of Section 25-5-105 from May 31, 2025 to May 31, 2026, but Senate Bill 2456 did not become law until June 16, 2025. (4) The Statute on Statutes sets forth general rules on the repeal of statutes, but Section 1 of that Act also states that these rules will not be observed when the result would be "inconsistent with the manifest intent of the General Assembly or repugnant to the context of the statute". (5) The actions of the General Assembly in passing Senate Bill 2456 clearly manifested the intention of the General Assembly to extend the date for the repeal of Section 25-5-105. (6) Any construction of Section 25-5-105 that results in the repeal of Section 25-5-105 on May 31, 2025 would be inconsistent with the manifest intent of the General Assembly. (b) It is hereby declared to be the intent of the General Assembly that Section 25-5-105 should not be subject to repeal on May 31, 2025 and that the repeal date of Section 25-5-105 should be further extended to July 1, 2027. (c) Section 25-5-105 of this Act, therefore, shall not be subject to repeal on May 31, 2025 and, instead, shall be deemed to have been in continuous effect since its original effective date and shall remain in effect until it is otherwise lawfully repealed. (d) All actions taken in reliance on or pursuant to Section 25-5-105 by any officer or agency of State government or any other person or entity are validated. (e) To ensure the continuing effectiveness of Section 25-5-105, Section 25-5-105 is set forth in full and re-enacted by this amendatory Act of the 104th General Assembly. This re-enactment is intended as a continuation of Section 25-5-105. It is not intended to supersede any amendment to Section 25-5-105 that is enacted by the General Assembly. (f) In this amendatory Act of the 104th General Assembly, the base text of the reenacted Section is set forth as amended by Public Act 104-10. Striking and underscoring is used only to show additional changes being made to the base text. (g) This amendatory Act of the 104th General Assembly applies to all claims, civil actions, and proceedings pending on or filed on, before, or after the effective date of this amendatory Act.