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| [ Engrossed ] | [ House Amendment 001 ] |
91_HB2800
LRB9100109KSgc
1 AN ACT concerning highways, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 (605 ILCS 5/4-508.1 rep.)
5 Section 5. The Illinois Highway Code is amended by
6 repealing Section 4-508.1.
7 Section 10. The Toll Highway Act is amended by changing
8 Section 9 and by adding Sections 36 and 37 as follows:
9 (605 ILCS 10/9) (from Ch. 121, par. 100-9)
10 Sec. 9. The Authority shall have the power:
11 (a) To prepare, or cause to be prepared detailed
12 plans, specifications and estimates, from time to time,
13 for the construction, relocation, repair, maintenance and
14 operation of toll highways within and through the State
15 of Illinois.
16 (b) To acquire, hold and use real and personal
17 property, including rights, rights-of-way, franchises,
18 easements and other interests in land as it may desire,
19 or as may be necessary or convenient for its authorized
20 purposes by purchase, gift, grant or otherwise, and to
21 take title thereto; to acquire in the manner that may now
22 or hereafter be provided for by the law of eminent domain
23 of this State, any real or personal property (including
24 road building materials and public lands, parks,
25 playgrounds, reservations, highways or parkways, or parts
26 thereof, or rights therein, of any person, railroad,
27 public service, public utility, or municipality or
28 political subdivision) necessary or convenient for its
29 authorized purpose. Such acquisition of real property,
30 whether by purchase, gift, condemnation or otherwise,
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1 wherever necessary or convenient in the discretion of the
2 Authority, may include the extension of existing rights
3 and easements of access, use and crossing held by any
4 person or persons, interests in land abutting on existing
5 highways, and remnants or remainder property; and such
6 acquisitions of real property may be free and clear of,
7 and without any rights or easements of access, use and
8 crossing in favor of any person or persons including
9 interest in any land adjacent or contiguous to the land
10 so acquired, provided however, that nothing herein
11 contained shall be construed to authorize the taking or
12 damaging of any private property for such purposes by the
13 Authority, without just compensation.
14 (c) (Blank). To accept conveyance of fee simple
15 title to, or any lesser interest in, land, rights or
16 property conveyed by the Department of Transportation
17 under Section 4-508.1 of the Illinois Highway Code.
18 (c-1) To establish presently the approximate
19 locations and widths of rights of way for future
20 additions to the toll highway system to inform the public
21 and prevent costly and conflicting development of the
22 land involved.
23 The Authority shall hold a public hearing whenever
24 approximate locations and widths of rights of way for
25 future toll highway additions are to be established. The
26 hearing shall be held in or near the county or counties
27 in which the land to be used is located and notice of the
28 hearing shall be published in a newspaper or newspapers
29 of general circulation in the county or counties
30 involved. Any interested person or his or her
31 representative may be heard. The Authority shall
32 evaluate the testimony given at the hearing.
33 The Authority shall make a survey and prepare a map
34 showing the location and approximate widths of the rights
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1 of way needed for future additions to the toll highway
2 system. The map shall show existing highways in the area
3 involved and the property lines and owners of record of
4 all land that will be needed for the future additions and
5 all other pertinent information. Approval of the map
6 with any changes resulting from the hearing shall be
7 indicated in the record of the hearing and a notice of
8 the approval and a copy of the map shall be filed in the
9 office of the recorder for all counties in which the land
10 needed for future additions is located.
11 Public notice of the approval and filing shall be
12 given in newspapers of general circulation in all
13 counties in which the land is located and shall be served
14 by registered mail within 60 days thereafter on all
15 owners of record of the land needed for future additions.
16 The Authority may approve changes in the map from
17 time to time. The changes shall be filed and notice
18 given in the manner provided for an original map.
19 After the map is filed and notice thereof given to
20 the owners of record of the land needed for future
21 additions, no person shall incur development costs or
22 place improvements in, upon, or under the land involved
23 nor rebuild, alter, or add to any existing structure
24 without first giving 60 days' notice by registered mail
25 to the Authority. This prohibition shall not apply to
26 any normal or emergency repairs to existing structures.
27 The Authority shall have 45 days after receipt of that
28 notice to inform the owner of the Authority's intention
29 to acquire the land involved, after which it shall have
30 an additional 120 days to acquire the land by purchase or
31 to initiate action to acquire the land through the
32 exercise of the right of eminent domain. When the right
33 of way is acquired by the Authority, no damages shall be
34 allowed for any construction, alteration, or addition in
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1 violation of this subsection (c-1) unless the Authority
2 has failed to acquire the land by purchase or has
3 abandoned an eminent domain proceeding initiated in
4 accordance with this subsection (c-1).
5 Any right of way needed for additions to the toll
6 highway system may be acquired at any time by the
7 Authority. The time of determination of the value of the
8 property to be taken under this Section for additions to
9 the toll highway system shall be the date of the actual
10 taking, if the property is acquired by purchase, or the
11 date of the filing of a complaint for condemnation, if
12 the property is acquired through the exercise of the
13 right of eminent domain, rather than the date when the
14 map of the proposed right of way was filed of record.
15 (c-2) Not more than 10 years after a protected
16 corridor is established under subsection (c-1), and not
17 later than the expiration of each 10-year period
18 thereafter, the Authority shall hold a public hearing to
19 discuss the viability and feasibility of the protected
20 corridor. Following the hearing and giving due
21 consideration to the information obtained at the hearing,
22 the Board of Directors of the Authority shall vote to
23 either continue or abolish the protected corridor.
24 (d) It is hereby declared, as a matter of
25 legislative determination, that the fundamental goal of
26 the people of Illinois is the educational development of
27 all persons to the limits of their capacities, and this
28 educational development requires the provision of
29 environmentally and physically safe facilities.
30 If the building line of a building used primarily
31 for the purpose of educating elementary or secondary
32 students lies within 100 feet of any ingress or egress
33 ramp that is used or that has been used by traffic
34 exiting or entering any toll highway operated by the Toll
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1 Highway Authority, the Toll Highway Authority shall
2 acquire the building, together with any property owned,
3 leased, or utilized adjacent to it and pertaining to its
4 educational operations, from the school district that
5 owns or operates it, for just compensation. "Just
6 compensation" for purposes of this subsection (d) means
7 the replacement cost of the building and adjacent
8 property so that the students educated in the building
9 have the opportunity to be educated according to
10 standards prevailing in the State of Illinois.
11 (Source: P.A. 89-297, eff. 8-11-95; 90-681, eff. 7-31-98.)
12 (605 ILCS 10/36 new)
13 Sec. 36. Reimbursement.
14 (a) The Authority shall reimburse the Department of
15 Transportation or other agency or department of the State of
16 Illinois for all costs and administrative overhead associated
17 with the development, planning, promotion, construction, land
18 acquisition, contracting, and other improvements, or any
19 combination of any of these, incurred on behalf of the
20 Authority. These costs include, but are not limited to the
21 following:
22 (1) Land acquisition.
23 (2) Public relations.
24 (3) Studies and analyses.
25 (4) Regulatory compliance.
26 (5) Consulting fees.
27 (6) Surveying.
28 (7) Engineering.
29 (b) A reimbursement for land acquisition shall occur
30 before a land title or deed is transferred or land is leased
31 from the Department of Transportation or other agency or
32 department of the State of Illinois, unless the transfer or
33 leasing has taken place before the effective date of this
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1 amendatory Act of 1999, in which case the reimbursement shall
2 take place within one year from the effective date of this
3 amendatory Act of 1999, and shall include any increase in the
4 fair market value of the land.
5 (c) In the case of public relations, study and analysis,
6 consulting fee, surveying, engineering, or other costs for
7 projects promulgated explicitly on behalf or request of the
8 Authority, the Authority shall fully reimburse the Department
9 of Transportation for costs or expenses within 60 days of the
10 date these costs or expenses are incurred.
11 (d) In the event that responsibility for a
12 transportation project is transferred to the Authority after
13 the Department of Transportation or other agency or
14 department of the State of Illinois has incurred costs or
15 expenses in connection with the project, the Authority shall
16 provide reimbursement for all costs and expenditures already
17 incurred within 60 days of the date on which the Authority
18 becomes solely or jointly responsible for the project.
19 (e) This Section applies to all toll highways not
20 completed before the effective date of this amendatory Act of
21 1999.
22 (605 ILCS 10/37 new)
23 Sec. 37. Eminent domain requirements. The Authority
24 shall comply with the same eminent domain requirements as
25 other State agencies.