ILCS » Chapter 735 · Act 30
Illinois Compiled Statutes

735 ILCS 30/10-5-5 (2026)

Compensation; jury

✓ current as of May 2026
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(735 ILCS 30/10-5-5) (was 735 ILCS 5/7-101)
    Sec. 10-5-5. Compensation; jury.
    (a) Private property shall not be taken or damaged for public use without just compensation and, in all cases in which compensation is not made by the condemning authority, compensation shall be ascertained by a jury, as provided in this Act. When compensation is so made by the condemning authority, any party, upon application, may have a trial by jury to ascertain the just compensation to be paid. A demand on the part of the condemning authority for a trial by jury shall be filed with the complaint for condemnation of the condemning authority. When the condemning authority is plaintiff, a defendant desirous of a trial by jury must file a demand for a trial by jury on or before the return date of the summons served on him or her or on or before the date fixed in the publication in case of defendants served by publication. If no party in the condemnation action demands a trial by jury, as provided for by this Section, then the trial shall be before the court without a jury.
    (b) The right to just compensation, as provided in this Act, applies to the owner or owners of any lawfully erected off-premises outdoor advertising sign that is compelled to be altered or removed under this Act or any other statute, or under any ordinance or regulation of any municipality or other unit of local government, and also applies to the owner or owners of the property on which that sign is erected. The right to just compensation, as provided in this Act, applies to property subject to a conservation right under the Real Property Conservation Rights Act. The amount of compensation for the taking of the property shall not be diminished or reduced by virtue of the existence of the conservation right. The holder of the conservation right shall be entitled to just compensation for the value of the conservation right.
(Source: P.A. 94-1055, eff. 1-1-07.)

    
Notes of Decisions
Cited in 23 cases (1 in the last 5 years), 2008–2023 · leading case: Muscarello v. Ogle Cnty. Bd. of Commissioners, 610 F.3d 416 (7th Cir. 2010).
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Muscarello v. Ogle Cnty. Bd. of Commissioners, 610 F.3d 416 (7th Cir. 2010). “See also 735 ILCS 30/10-5-5 (providing a statutory basis for inverse condemnation actions under Illinois law); Inn of Lamplighter, Inc.”
Enbridge Pipelines (Illinois), LLC v. Murfin, 2020 IL App (5th) 160007 (Ill. App. Ct. 2020). · cites it 2× “I, § 15, 735 ILCS 30/10-5-5 (West 2014), and City of Chicago v.”
City of Joliet v. New West, L.P., 825 F.3d 827 (7th Cir. 2016). “735 ILCS 30/10-5-5(a). A jury concluded that New West and its affiliates (and lenders) are entitled to $15,077,406 as just compensation.”
Illinois Dep't of Transp. v. Dalzell, 2018 IL App (2d) 1160911 (Ill. App. Ct. 2018). “Specifically, article I, section 15, of the Illinois Constitution provides that "[p]rivate property shall not be taken or damaged for public use without just compensation as provided by law.”
The Illinois State Toll High. Auth. v. South Barrington Off. Ctr., 2016 IL App (1st) 150960 (Ill. App. Ct. 2016). “” 735 ILCS 30/10-5-5 (West 2014). The Eminent Domain Act provides a host of procedures to be followed when a property owner refuses to consent to a taking of property or does not agree with the amount of compensation offered by the government, including the filing of a complaint…”
Thorncreek Apts. III, LLC v. Vill. of Park Forest, 970 F. Supp. 2d 828 (N.D. Ill. 2013). “3d at 422 (citing 735 ILCS 30/10-5-5). The applicability of the Williamson County doctrine to Thornereek’s takings claims is beyond any reasonable dispute.”
Dep't of Transp. v. East Side Dev., L.L.C., 892 N.E.2d 136 (Ill. App. Ct. 2008). · cites it 4× “In a condemnation proceeding under 735 ILCS 5/7-101 (now 735 ILCS 30/10-5-5) involving a lawfully erected off-premises outdoor advertising sign and the underlying land, does the unit rule apply? 2.”
Enbridge Energy, LLC v. Kuerth, 2016 IL App (4th) 150519 (Ill. App. Ct. 2017). “Specifically, landowners contend that IEPC failed to present competent evidence as to the fair-market value of the condemned properties because Brorsen’s valuation of the permanent easements on their respective properties was based on “conjecture without basis.”
Enbridge Energy v. Fry, 2017 IL App (3d) 150765 (Ill. App. Ct. 2017). “I, § 15; 735 ILCS 30/10-5-5 (West 2014); City of Chicago v.”
Enbridge Pipeline (Illinois), LLC v. Hoke, 2017 IL App (4th) 150544 (Ill. App. Ct. 2017). “In this regard, we note that section 10-5-5 of the Eminent Domain Act, which is entitled “Compensation; Jury,” states that “[w]hen compensation is so made by the condemning authority, any party, upon application, may have a trial by jury to ascertain the just compensation to be…”
Enbridge Pipeline (Illinois), LLC v. Temple, 2017 IL App (4th) 150346 (Ill. App. Ct. 2017). “In this regard, we note that section 10-5-5 of the Eminent Domain Act, which is entitled, “Compensation; jury,” states that “[w]hen compensation is so made by the condemning authority, any party, upon application, may have a trial by jury to ascertain the just compensation to be…”
Sorrells v. City of Macomb, 2015 IL App (3d) 140763 (Ill. App. Ct. 2015). “735 ILCS 30/10-5-5 (West 2012). ¶ 25 In an inverse condemnation proceeding, the property owner initiates an action to obtain an order of mandamus to compel the government to file a condemnation claim.”
Show all 23 citing cases →
— 735 ILCS 30/10-5-5(a) — 6 cases
City of Joliet v. New West, L.P., 825 F.3d 827 (7th Cir. 2016). “735 ILCS 30/10-5-5(a). A jury concluded that New West and its affiliates (and lenders) are entitled to $15,077,406 as just compensation.”
Enbridge Pipelines (Illinois), LLC v. Murfin, 2020 IL App (5th) 160007 (Ill. App. Ct. 2020). “I, § 15, 735 ILCS 30/10-5-5 (West 2014), and City of Chicago v.”
Enbridge Pipeline (Illinois), LLC v. Hoke, 2017 IL App (4th) 150544 (Ill. App. Ct. 2017). “In this regard, we note that section 10-5-5 of the Eminent Domain Act, which is entitled “Compensation; Jury,” states that “[w]hen compensation is so made by the condemning authority, any party, upon application, may have a trial by jury to ascertain the just compensation to be…”
Enbridge Pipeline (Illinois), LLC v. Temple, 2017 IL App (4th) 150346 (Ill. App. Ct. 2017). “In this regard, we note that section 10-5-5 of the Eminent Domain Act, which is entitled, “Compensation; jury,” states that “[w]hen compensation is so made by the condemning authority, any party, upon application, may have a trial by jury to ascertain the just compensation to be…”
Enbridge Pipeline (Illinois), LLC v. Temple, 2017 IL App (4th) 150346 (Ill. App. Ct. 2017).
— 735 ILCS 30/10-5-5(b) — 2 cases
CBS Outdoor, Inc. v. Vill. of Itasca, 960 N.E.2d 1212 (Ill. App. Ct. 2011).
CBS Outdoor v. Vill. of Itasca, 2011 IL App (2d) 101117 (Ill. App. Ct. 2011).
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