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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
ROADS AND BRIDGES (605 ILCS 5/) Illinois Highway Code. 605 ILCS 5/5-702
(605 ILCS 5/5-702) (from Ch. 121, par. 5-702)
Sec. 5-702.
Payment of motor fuel tax money to any county for the purposes stated in
Sections 5-701.1 through 5-701.11 shall be made by the Department of
Transportation as soon as may be after the allotment is made.
However, if any county, after having been given reasonable notice by the
Department, fails to expend motor fuel tax funds in a manner satisfactory
to the Department or fails to have construction contracts approved by the
Department or fails to maintain in a manner satisfactory to the Department
highways heretofore or hereafter constructed with motor fuel tax funds, no
further payment of motor fuel tax funds shall be made to such county for
construction or maintenance purposes until it corrects its unsatisfactory
use of motor fuel tax funds or secures approval of its construction
contracts by the Department or maintains such highways or provides for such
maintenance in a manner satisfactory to the Department.
Records of all expenditures of motor fuel tax money made by the county
shall be kept in accordance with the system of auditing and accounting
prescribed by the Department under Section 4-101.9 of this Code.
(Source: P.A. 77-173.)
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605 ILCS 5/Art. 5 Div. 8
(605 ILCS 5/Art. 5 Div. 8 heading)
DIVISION 8.
PROPERTY ACQUISITION
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605 ILCS 5/5-801
(605 ILCS 5/5-801) (from Ch. 121, par. 5-801)
Sec. 5-801.
Any county, in its name, may acquire the fee simple title, or
such lesser interest as may be desired, to any lands, rights or other
property necessary for the construction, maintenance or operation of any
county highway, township road or district road within the county or
necessary for the locating, relocating, widening, altering, extending or
straightening thereof, by purchase or gift or, if the compensation or
damages cannot be agreed upon, by the exercise of the right of eminent
domain under the eminent domain laws of this State. The county shall not be
required to furnish bond in any eminent domain proceeding.
When, in the judgment of the county, it is more practical and economical
to acquire the fee title to inaccessible remnants of tracts of land from
which rights-of-way are being acquired than to pay for damages to property
not taken, the county may do so by purchase but not by eminent domain
proceedings.
When acquiring land for a highway on a new location, and when a parcel
of land one acre or less in area contains a single family residence, which
is in conformance with existing zoning ordinances, and only a part of said
parcel is required for county highway purposes causing the remainder of the
parcel not to conform with the existing zoning ordinances, or when the
location of the right of way line of the proposed highway reduces the
distance from an existing single family residence to the right of way line
to ten feet or less, the acquiring agency shall, if the owner so demands,
take the whole parcel by negotiation or condemnation. The part not needed
for highway purposes may be rented, sold or exchanged by the acquiring
agency.
(Source: Laws 1967, p. 3206.)
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605 ILCS 5/5-802
(605 ILCS 5/5-802) (from Ch. 121, par. 5-802)
Sec. 5-802.
When the county deems it necessary to build, widen, alter,
relocate or straighten any ditch, drain or watercourse in order to drain or
protect any highway or highway structure it is authorized to construct,
maintain or operate, or deems it necessary to acquire materials for the
construction, maintenance or operation of any such highway, it may acquire
the necessary property, or such interest or right therein as may be
required, by gift or purchase or, if the compensation or damages cannot be
agreed upon, by the exercise of the right of eminent domain under the
eminent domain laws of this State. The county shall not be required to
furnish bond in any eminent domain proceeding.
(Source: Laws 1959, p. 196.)
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