§ 38.02  MOTION FOR TAKING; CONTENTS.
   (A)   In any proceeding under the provisions of ILCS Ch. 735, Act 5, § 7-101 et seq., as amended from time to time, or of this chapter by the city for the acquisition of land or interests therein for street, highway, or other municipal purposes, the petitioner, at any time after the petition has been filed and before judgment is entered in the proceeding, may file a written motion requesting that, immediately or at some specified later date, the petitioner either be vested with fee simple title (or such lesser estate, interest, or easement, as may be required) to the real property, or specified portion thereof, which is the subject of the proceeding, and be authorized to take possession of and use such property; or only be authorized to take possession of and to use such property, if such possession and use, without the vesting of title, are sufficient to permit the petitioner to proceed with the project until the final ascertainment of compensation.  However, no land or interests therein now or hereafter owned, leased, controlled, operated, or used by, or necessary for the actual operation of, any common carrier engaged in interstate commerce, or any public utility subject to the jurisdiction of the Illinois Commerce Commission shall be taken or appropriated hereunder by the city without securing the approval of the Commission.
   (B)   Except as hereinafter stated, the motion for taking shall state:
      (1)   An accurate description of the property to which the motion relates and the estate or interest sought to be acquired therein.
      (2)   The formally adopted schedule or plan of operation for the execution of the petitioner's project.
      (3)   The situation of the property to which the motion relates with respect to the schedule or plan.
      (4)   The necessity for taking such property in the manner requested in the motion.
      (5)   If the property to be taken shall be owned, leased, controlled, or operated by and used by, or necessary for the actual operation of, any interstate common carrier, or other public utility subject to the jurisdiction of the Illinois Commerce Commission, a statement to the effect that the approval of such proposed taking has been secured from the Commission and attaching to such motion a certified copy of the order of the Commission granting such approval.  If the schedule or plan of operation is not set forth fully in the motion, a copy of the schedule or plan shall be attached to the motion.
(Ord. 6685, passed 8-14-79)