Section 735 ILCS 30/20-5-10 - Preliminary Finding of Compensation(a) The court shall fix a date, not less than 5 days after the filing of a such motion under Section 20-5-5, for the hearing on that motion thereon, and shall require due notice to be given to each party to the proceeding whose interests would be affected by the taking requested, except that any party who has been or is being served by publication and who has not entered his or her appearance in the proceeding need not be given notice unless the court so requires, in its discretion and in the interests of justice.(b) At the hearing, if the court has not previously, in the same proceeding, determined that the plaintiff has authority to exercise the right of eminent domain, that the property sought to be taken is subject to the exercise of that such right, and that the such right of eminent domain is not being improperly exercised in the particular proceeding, then the court shall first hear and determine those such matters. The court's order on those matters thereon is appealable, and an appeal may be taken from that order therefrom by either party within 30 days after the entry of the such order, but not thereafter, unless the court, on good cause shown, extends the time for taking the such appeal. However, no appeal shall stay the further proceedings herein prescribed in this Act unless the appeal is taken by the plaintiff, or unless an order staying such further proceedings is entered either by the trial court or by the court to which the such appeal is taken.(c) If the foregoing matters are determined in favor of the plaintiff and further proceedings are not stayed, or if further proceedings are stayed and the appeal results in a determination in favor of the plaintiff, the court then shall hear the issues raised by the plaintiff's motion for taking. If the court finds that reasonable necessity exists for taking the property in the manner requested in the motion, then the court shall hear such evidence as it may consider necessary and proper for a preliminary finding of just compensation. In ; and, in its discretion, the court may appoint 3 competent and disinterested appraisers as agents of the court to evaluate the property to which the motion relates and to report their conclusions to the court; and their fees shall be paid by the plaintiff. The court shall then make a preliminary finding of the amount constituting just compensation.(d) The court's Such preliminary finding of just compensation, and any deposit made or security provided pursuant to that finding thereto, shall not be evidence in the further proceedings to ascertain finally the just compensation to be paid, and shall not be disclosed in any manner to a jury impaneled in the such proceedings. If ; and if appraisers have been appointed, as herein authorized under this Article, their report shall not be evidence in those such further proceedings, but the appraisers may be called as witnesses by the parties to the proceedings.Added by P.A. 094-1055,§ 20-5-10, eff. 1/1/2007.