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House OKs eminent domain restrictions

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SPRINGFIELD - Local governments will have a harder time condemning private property under a proposal that sailed through the Illinois House on Wednesday.

Landowners would have greater ability to oppose condemnation as well as the chance to get more money if their property is seized, said state Rep. John Bradley, D-Marion, the measure's House sponsor.

"These are substantial wins for private landowners in the state of Illinois," he said.

The legislation is a reaction to a 2005 U.S. Supreme Court decision that allowed New London, Conn., to condemn six homes and turn the property over to a private developer for an office complex.

In the wake of the ruling, politicians nationwide have scrambled to address the issue.

This year, 42 states are considering similar legislation. In 10 states, the reforms have become law.

Under the proposal, the burden of proof shifts to the local governments, which must pay attorney's fees if the landowner wins the case. In cases where property is seized, the government also would have to pay relocation costs.

Opponents argued the proposal would limit a community's ability to expand and create new jobs.

"This bill continues to raise concerns as far as the economic development that is available to many communities," said state Rep. Carolyn Krause, R-Mount Prospect.

Eminent domain powers for government to build a road or an airport would be unchanged, Bradley said.

"We're not trying to stop commerce in that regard," he said.

The proposal has the backing of several groups, such as the Illinois Farm Bureau and the Illinois Retail Merchants Association. The Illinois Municipal League, which lobbies for cities and towns, remains opposed but won't be working against the legislation in the Senate.

"We find it livable," said Matt Davidson, a league representative.

The House voted 85-6. All local lawmakers supported the proposal.

The measure, Senate Bill 3086, now returns to the Senate for consideration.

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