(A) Where the right to take private property for public use, without the owner's consent, including but not limited to commercial renewal and business district development and/or redevelopment rights as provided for in ILCS Divisions 74.2 and 74.3, 1981, as amended, or as expanded upon by home rule powers, or the right to construct or maintain any public road, railroad, plankroad, turnpike road, canal or other public work or improvement, or which may damage property not actually taken has been heretofore or shall hereafter be conferred by general law or special charter upon any corporate or municipal authority, public body, officer, or agent, person, commissioner or corporation and the compensation to be paid for or in respect of the property sought to be appropriated or damaged for the purposes mentioned cannot be agreed upon by the parties interest, or in case the owner of the property is incapable of consenting, or the owner's name or residence is unknown, or the owner is a nonresident of the state, the party authorized to take or damage the property so required, or to construct, operate and maintain any public road, railroad, plankroad, turnpike road, canal or other public work or improvement, may apply to the circuit court of the county where the property or any part thereof is situated, by filing with the Clerk a petition, setting forth, by reference, his or her or their authority in the premises, the purpose for which the property is sought to be taken or damaged, a description of the property, the names of all persons interested therein as owners, or otherwise as appearing of record, if known, or if not known stating that fact and praying the court to cause the compensation to be paid to the owner to be assessed.
(B) If it appears that any person not in being, upon coming into being, is, or may become or may claim to be, entitled to any interest in the property sought to be appropriated or damaged the court shall appoint some competent and disinterested person as guardian ad litem, to appear for and represent the interest in the proceeding and to defend the proceeding on behalf of the person not in being, and any judgment or decree rendered in the proceeding shall be as effectual for all purposes as though the person was in being and was a party to the proceeding.
(C) If the proceeding seeks to affect the property of persons under guardianship, the guardians or conservators shall be made parties defendant. Persons interested, whose names are unknown, may be made parties defendant by the same descriptions and in the same manner as provided in other civil cases.
(D) No property belonging to a railroad or other public utility subject to the jurisdiction of the Illinois Commerce Commission may be taken or damaged, pursuant to the provisions of this subchapter, without the prior approval of the Illinois Commerce Commission.
(Ord. 83-405, passed 3-10-1983)