093_HB0739eng

 
HB0739 Engrossed                     LRB093 05813 DRH 05906 b

 1        AN ACT in relation to highways.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The Toll Highway Act is amended by changing
 5    Section 9 as follows:

 6        (605 ILCS 10/9) (from Ch. 121, par. 100-9)
 7        Sec. 9.  The Authority shall have the power:
 8             (a)  To prepare, or cause to  be  prepared  detailed
 9        plans,  specifications  and estimates, from time to time,
10        for the construction, relocation, repair, maintenance and
11        operation of toll highways within and through  the  State
12        of Illinois.
13             (b)  To  acquire,  hold  and  use  real and personal
14        property, including  rights,  rights-of-way,  franchises,
15        easements  and  other interests in land as it may desire,
16        or as may be necessary or convenient for  its  authorized
17        purposes  by  purchase,  gift, grant or otherwise, and to
18        take title thereto; to acquire in the manner that may now
19        or hereafter be provided for by the law of eminent domain
20        of this State, any real or personal  property  (including
21        road   building   materials   and  public  lands,  parks,
22        playgrounds, reservations, highways or parkways, or parts
23        thereof, or rights  therein,  of  any  person,  railroad,
24        public   service,  public  utility,  or  municipality  or
25        political subdivision) necessary or  convenient  for  its
26        authorized  purpose.  Such  Acquisition of real property,
27        whether by purchase,  gift,  condemnation  or  otherwise,
28        wherever necessary or convenient in the discretion of the
29        Authority,  may  include the extension of existing rights
30        and easements of access, use and  crossing  held  by  any
31        person or persons, interests in land abutting on existing
 
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 1        highways,  and  remnants  or remainder property; and such
 2        acquisitions of real property may be free and  clear  of,
 3        and  without  any  rights or easements of access, use and
 4        crossing in favor of  any  person  or  persons  including
 5        interest  in  any land adjacent or contiguous to the land
 6        so  acquired,  provided  however,  that  nothing   herein
 7        contained  shall  be construed to authorize the taking or
 8        damaging of any private property for such purposes by the
 9        Authority, without just compensation.
10             (c)  To accept conveyance of fee simple title to, or
11        any lesser interest in, land, rights or property conveyed
12        by the Department of Transportation under Section 4-508.1
13        of the Illinois Highway Code.
14             (c-1)  To  establish   presently   the   approximate
15        locations   and  widths  of  rights  of  way  for  future
16        additions to the toll highway system to inform the public
17        and prevent costly and  conflicting  development  of  the
18        land involved.
19             The  Authority  shall hold a public hearing whenever
20        approximate locations and widths of  rights  of  way  for
21        future toll highway additions are to be established.  The
22        hearing  shall  be held in or near the county or counties
23        in which the land to be used is located and notice of the
24        hearing shall be published in a newspaper  or  newspapers
25        of   general   circulation  in  the  county  or  counties
26        involved.    Any  interested  person  or   his   or   her
27        representative   may   be  heard.   The  Authority  shall
28        evaluate the testimony given at the hearing.
29             The Authority shall make a survey and prepare a  map
30        showing the location and approximate widths of the rights
31        of  way  needed  for future additions to the toll highway
32        system.  The map shall show existing highways in the area
33        involved and the property lines and owners of  record  of
34        all land that will be needed for the future additions and
 
HB0739 Engrossed            -3-      LRB093 05813 DRH 05906 b
 1        all  other  pertinent  information.   Approval of the map
 2        with any changes resulting  from  the  hearing  shall  be
 3        indicated  in  the  record of the hearing and a notice of
 4        the approval and a copy of the map shall be filed in  the
 5        office of the recorder for all counties in which the land
 6        needed for future additions is located.
 7             Public  notice  of  the approval and filing shall be
 8        given  in  newspapers  of  general  circulation  in   all
 9        counties in which the land is located and shall be served
10        by  registered  mail  within  60  days  thereafter on all
11        owners of record of the land needed for future additions.
12             The Authority may approve changes in  the  map  from
13        time  to  time.   The  changes  shall be filed and notice
14        given in the manner provided for an original map.
15             After the map is filed and notice thereof  given  to
16        the  owners  of  record  of  the  land  needed for future
17        additions, no person shall  incur  development  costs  or
18        place  improvements  in, upon, or under the land involved
19        nor rebuild, alter, or  add  to  any  existing  structure
20        without  first  giving 60 days' notice by registered mail
21        to the Authority.  This prohibition shall  not  apply  to
22        any  normal  or emergency repairs to existing structures.
23        The Authority shall have 45 days after  receipt  of  that
24        notice  to  inform the owner of the Authority's intention
25        to acquire the land involved, after which it  shall  have
26        an additional 120 days to acquire the land by purchase or
27        to  initiate  action  to  acquire  the  land  through the
28        exercise of the right of eminent domain.  When the  right
29        of  way is acquired by the Authority, no damages shall be
30        allowed for any construction, alteration, or addition  in
31        violation  of  this subsection (c-1) unless the Authority
32        has failed  to  acquire  the  land  by  purchase  or  has
33        abandoned  an  eminent  domain  proceeding  initiated  in
34        accordance with this subsection (c-1).
 
HB0739 Engrossed            -4-      LRB093 05813 DRH 05906 b
 1             Any  right  of  way needed for additions to the toll
 2        highway system  may  be  acquired  at  any  time  by  the
 3        Authority.  The time of determination of the value of the
 4        property  to be taken under this Section for additions to
 5        the toll highway system shall be the date of  the  actual
 6        taking,  if  the property is acquired by purchase, or the
 7        date of the filing of a complaint  for  condemnation,  if
 8        the  property  is  acquired  through  the exercise of the
 9        right of eminent domain, rather than the  date  when  the
10        map of the proposed right of way was filed of record.
11             (c-2)  Not  more  than  10  years  after a protected
12        corridor is established under subsection (c-1),  and  not
13        later   than   the  expiration  of  each  10-year  period
14        thereafter, the Authority shall hold a public hearing  to
15        discuss  the  viability  and feasibility of the protected
16        corridor.   Following  the   hearing   and   giving   due
17        consideration to the information obtained at the hearing,
18        the  Board  of  Directors  of the Authority shall vote to
19        either continue or abolish the protected corridor.
20             (d)  It  is  hereby  declared,  as   a   matter   of
21        legislative  determination,  that the fundamental goal of
22        the people of Illinois is the educational development  of
23        all  persons  to the limits of their capacities, and this
24        educational  development  requires   the   provision   of
25        environmentally and physically safe facilities.
26             If  the  building  line of a building used primarily
27        for the purpose  of  educating  elementary  or  secondary
28        students  lies  within  100 feet of any ingress or egress
29        ramp that is used  or  that  has  been  used  by  traffic
30        exiting or entering any toll highway operated by the Toll
31        Highway  Authority,  the  Toll  Highway  Authority  shall
32        acquire  the  building, together with any property owned,
33        leased, or utilized adjacent to it and pertaining to  its
34        educational  operations,  from  the  school district that
 
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 1        owns  or  operates  it,  for  just  compensation.   "Just
 2        compensation" for purposes of this subsection  (d)  means
 3        the   replacement  cost  of  the  building  and  adjacent
 4        property so that the students educated  in  the  building
 5        have   the   opportunity  to  be  educated  according  to
 6        standards prevailing in the State of Illinois.
 7    (Source: P.A. 89-297, eff. 8-11-95; 90-681, eff. 7-31-98.)