NEWS
from the Illinois Senate
State Senator Susan Garrett
FOR IMMEDIATE RELEASE
July 28, 2006
FOR MORE INFORMATION
Susan Garrett (847) 433-2002
GARRETT’S EMINENT DOMAIN BILL GIVES PROPERTY OWNERS ADDED PROTECTIONS

CHICAGO, Illinois – Legislation sponsored by state Sen. Susan Garrett (D-Lake Forest) giving Illinois property owners new state protections from local governments wanting to take their property for economic development was signed into law by the Governor Friday.

"It’s important we provide protection and adequate compensation for private property owners while still allowing local governments to redevelop blighted property," Garrett said. “It’s important we have clear and transparent laws in place so that homeowners know their rights. Never again will property owners have to worry and wonder what their rights are. Working with a bipartisan coalition, along with diverse organizations throughout the state, we have established one of the most comprehensive and fair Eminent Domain laws in the country,” Garrett added.

The Equity in Eminent Domain Act was introduced to address concerns that were identified during public hearings Sen. Garrett convened following the controversial June 2005 U.S. Supreme Court ruling, Kelo v. City of New London, which expanded the government's use of eminent domain powers.

Eminent domain is the government power to take private property for public use with compensation paid to the displaced owner. It has traditionally been used to build roads, water treatment facilities, utility infrastructure, parks and similar projects.

The law would shift the burden of proof to municipalities to prove that the property in question is actually "blighted." And it would ensure that property owners displaced by eminent domain for private redevelopment are fairly and fully compensated—not only for their land, but for relocation expenses and legal fees.