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Illinois Compiled Statutes

220 ILCS 5/8-509 (2026)

When necessary for the construction of any alterations, additions, extensions or improvements ordered or authorized under Section 8-406

✓ current as of May 2026
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(220 ILCS 5/8-509) (from Ch. 111 2/3, par. 8-509)
    Sec. 8-509. When necessary for the construction of any alterations, additions, extensions or improvements ordered or authorized under Section 8-406.1 or 8-503 of this Act, any public utility may enter upon, take or damage private property in the manner provided for by the law of eminent domain. If a public utility seeks relief under this Section in the same proceeding in which it seeks a certificate of public convenience and necessity under Section 8-406.1 of this Act, the Commission shall enter its order under this Section either as part of the Section 8-406.1 order or at the same time it enters the Section 8-406.1 order. If a public utility seeks relief under this Section after the Commission enters its order in the Section 8-406.1 proceeding, the Commission shall issue its order under this Section within 45 days after the utility files its petition under this Section.
    This Section applies to the exercise of eminent domain powers by telephone companies or telecommunications carriers only when the facilities to be constructed are intended to be used in whole or in part for providing one or more intrastate telecommunications services classified as "noncompetitive" under Section 13-502 in a tariff filed by the condemnor. The exercise of eminent domain powers by telephone companies or telecommunications carriers in all other cases shall be governed solely by "An Act relating to the powers, duties and property of telephone companies", approved May 16, 1903, as now or hereafter amended.
    This Section applies to the exercise of eminent domain powers by an owner or operator of a pipeline designed, constructed, and operated to transport carbon dioxide to which the Commission has granted a certificate under Section 20 of the Carbon Dioxide Transportation and Sequestration Act and may seek eminent domain authority from the Commission under this Section. If the applicant of such a certificate of authority for a new carbon dioxide pipeline seeks relief under this Section in the same proceeding in which it seeks a certificate of authority for a new carbon dioxide pipeline under Section 20 of the Carbon Dioxide Transportation and Sequestration Act, the Commission shall enter its order under this Section either as part of or at the same time as its order under the Carbon Dioxide Transportation and Sequestration Act. Notwithstanding anything to the contrary in this Section, the owner or operator of such a pipeline shall not be considered to be a public utility for any other provisions of this Act.
(Source: P.A. 103-651, eff. 7-18-24.)

    
Notes of Decisions
Cited in 18 cases, 1998–2020 · leading case: Quantum Pipeline Co. v. Illinois Com. Comm'n, 709 N.E.2d 950 (Ill. App. Ct. 1999).
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Quantum Pipeline Co. v. Illinois Com. Comm'n, 709 N.E.2d 950 (Ill. App. Ct. 1999). · cites it 3× “[1] 220 ILCS 5/8-509 (West 1992). Thirty-four landowners sought leave to intervene in the eminent domain proceeding.”
Illinois Landowners All., NFP v. Illinois Com. Comm'n, 2017 IL 121302 (Ill. 2017). “See 220 ILCS 5/8-509 (West 2012). Rock Island disputes this, arguing that it is not currently seeking eminent domain authority and may never do so if it succeeds in obtaining the easements it will need for the project through negotiated agreements with affected landowners.”
Enbridge Pipelines (Illinois), LLC v. Murfin, 2020 IL App (5th) 160007 (Ill. App. Ct. 2020). “In the order, the ICC accepted the recommendation of the ALJ and, pursuant to section 8-509 of the Utilities Act (220 ILCS 5/8-509 (West 2014)), authorized IEPC to seek eminent domain authority in accordance with the Act (735 ILCS 30/1-1-1 et seq.”
Enbridge Energy, LLC v. Kuerth, 2016 IL App (4th) 150519 (Ill. App. Ct. 2017). “) IEPC sought the Commission’s authorization to (1) construct, operate, and maintain the SAX pipeline; and (2) acquire, when necessary, private -2- property under eminent-domain authority to install and maintain the SAX pipeline as permitted by section 8-509 of the Public…”
Illinois Landowners All., NFP v. Illinois Com. Comm'n, 2017 IL 121302 (Ill. 2018). “See 220 ILCS 5/8-509 (West 2012). Rock Island disputes this, arguing that it is not currently seeking eminent domain authority and may never do so if it succeeds in obtaining the easements it will need for the project through negotiated agreements with affected landowners.”
Lakehead Pipeline Co. v. Illinois Com. Comm'n, 696 N.E.2d 345 (Ill. App. Ct. 1998). “" 220 ILCS 5/15-401(b) (West 1996). Once certified under section 15-401, a pipeline carrier may then pursue eminent domain authority which is authorized by section 8-509 of the Pipeline Law (220 ILCS 5/8-509 (West 1996)).”
Enbridge Pipeline (Illinois), LLC v. Kiefer, 2017 IL App (4th) 150342 (Ill. App. Ct. 2017). “tensive procedural history regarding IEPC’s intent to (1) construct, operate, and maintain the SAX project under section 15-401 of the Common Carrier by Pipeline Law (Pipeline Law) (220 ILCS 5/15-401 (West 2006)) and (2) acquire, when necessary, private property under…”
Enbridge Pipeline (Illinois), LLC v. Hoke, 2017 IL App (4th) 150544 (Ill. App. Ct. 2017). “) IEPC sought the Commission’s authorization to (1) construct, operate, and maintain the SAX project and (2) acquire, when necessary, private property under eminent-domain authority to install and maintain the SAX project as permitted by section 8-509 of the Public Utilities Act…”
Enbridge Pipeline (Illinois), LLC v. Temple, 2017 IL App (4th) 150346 (Ill. App. Ct. 2017). “tensive procedural history regarding IEPC’s intent to (1) construct, operate, and maintain the SAX project under section 15-401 of the Common Carrier by Pipeline Law (Pipeline Law) (220 ILCS 5/15-401 (West 2006)) and (2) acquire, when necessary, private property under…”
Enbridge Pipeline (Illinois), LLC v. Kiefer, 2017 IL App (4th) 150342 (Ill. App. Ct. 2017). “tensive procedural history regarding IEPC’s intent to (1) construct, operate, and maintain the SAX project under section 15-401 of the Common Carrier by Pipeline Law (Pipeline Law) (220 ILCS 5/15-401 (West 2006)) and (2) acquire, when necessary, private property under…”
Enbridge Pipelines, LLC v. Troyer, 2015 IL App (4th) 150334 (Ill. App. Ct. 2015). “IEPC's application also sought to acquire, when necessary, easements on private property to construct the SAX pipeline pursuant to eminent domain, as authorized by section 8-509 of the Public Utilities Act (Act) (220 ILCS 5/8-509 (West 2006)). ¶4 In July 2009, the ICC issued an…”
Enbridge Pipeline, LLC v. Monarch Farms, LLC, 2017 IL App (4th) 150807 (Ill. App. Ct. 2017). “onicled the extensive procedural history regarding IEPC’s intent to (1) construct, operate, and maintain the SAX project under section 15-401 of the Common Carrier by Pipeline Law (220 ILCS 5/15-401 (West 2006)) and (2) acquire, when necessary, private property under…”
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