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Public Act 097-0279


 

Public Act 0279 97TH GENERAL ASSEMBLY



 


 
Public Act 097-0279
 
SB1856 EnrolledLRB097 10078 HEP 50255 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Highway Code is amended by changing
Section 4-510 as follows:
 
    (605 ILCS 5/4-510)  (from Ch. 121, par. 4-510)
    Sec. 4-510. The Department may establish presently the
approximate locations and widths of rights of way for future
additions to the State highway system to inform the public and
prevent costly and conflicting development of the land
involved.
    The Department shall hold a public hearing whenever
approximate locations and widths of rights of way for future
highway additions are to be established. The hearing shall be
held in or near the county or counties where the land to be
used is located and notice of the hearing shall be published in
a newspaper or newspapers of general circulation in the county
or counties involved. Any interested person or his
representative may be heard. The Department shall evaluate the
testimony given at the hearing.
    The Department shall make a survey and prepare a map
showing the location and approximate widths of the rights of
way needed for future additions to the highway system. The map
shall show existing highways in the area involved and the
property lines and owners of record of all land that will be
needed for the future additions and all other pertinent
information. Approval of the map with any changes resulting
from the hearing shall be indicated in the record of the
hearing and a notice of the approval and a copy of the map
shall be filed in the office of the recorder for all counties
in which the land needed for future additions is located.
    Public notice of the approval and filing shall be given in
newspapers of general circulation in all counties where the
land is located and shall be served by registered mail within
60 days thereafter on all owners of record of the land needed
for future additions.
    The Department may approve changes in the map from time to
time. The changes shall be filed and notice given in the manner
provided for an original map.
    After the map is filed and notice thereof given to the
owners of record of the land needed for future additions, no
one shall incur development costs or place improvements in,
upon or under the land involved nor rebuild, alter or add to
any existing structure without first giving 60 days notice by
registered mail to the Department. This prohibition shall not
apply to any normal or emergency repairs to existing
structures. The Department shall have 45 days after receipt of
that notice to inform the owner of the Department's intention
to acquire the land involved; after which, it shall have the
additional time of 120 days to acquire such land by purchase or
to initiate action to acquire said land through the exercise of
the right of eminent domain. When the right of way is acquired
by the State no damages shall be allowed for any construction,
alteration or addition in violation of this Section unless the
Department has failed to acquire the land by purchase or has
abandoned an eminent domain proceeding initiated pursuant to
the provisions of this paragraph.
    Any right of way needed for additions to the highway system
may be acquired at any time by the State or by the county or
municipality in which it is located. The time of determination
of the value of the property to be taken under this Section for
additions to the highway system shall be the date of the actual
taking, if the property is acquired by purchase, or the date of
the filing of a complaint for condemnation, if the property is
acquired through the exercise of the right of eminent domain,
rather than the date when the map of the proposed right-of-way
was filed of record. The rate of compensation to be paid for
farm land acquired hereunder by the exercise of the right of
eminent domain shall be in accordance with Section 4-501 of
this Code.
    Not more than 10 years after a protected corridor is
established under this Section regardless of whether the
corridor is established before or after the effective date of
this amendatory Act of the 97th General Assembly, and not later
than the expiration of each succeeding 10 year period, the
Department shall hold public hearings to discuss the viability
and feasibility of the protected corridor. In the case of a
protected corridor established prior to 10 years before the
effective date of this amendatory Act of the 97th General
Assembly, the hearing shall be conducted within 6 months of the
effective date of this amendatory Act of the 97th General
Assembly. The Department shall retain the discretion to
maintain any protected corridor established under this
Section, but shall give due consideration to the information
obtained at the hearing and, if the Department in its
discretion determines that construction of the roadway is no
longer feasible, the Department shall abolish the protected
corridor.
(Source: P.A. 91-357, eff. 7-29-99.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/8/2011