Public Act 90-0573 of the 90th General Assembly
Public Act 90-0573
SB862 Enrolled LRB9002236NTsbA
AN ACT to amend the Illinois Highway Code by changing
Section 4-508.
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 4-508 as follows:
(605 ILCS 5/4-508) (from Ch. 121, par. 4-508)
Sec. 4-508. (a) Except as provided in paragraph (c) of
this Section, and subject to the written approval of the
Governor, the Department may dispose of, by public sale, at
auction or by sealed bids, any land, rights or other
properties, real or personal, acquired for but no longer
needed for highway purposes or remanents acquired under the
provisions of Section 4-501, provided that no such sale may
be made for less than the fair appraised value of such land,
rights, or property.
(b) Except as provided in paragraph (c) of this Section,
and subject to the written approval of the Governor, the
Department may exchange any land, rights or property no
longer needed for highway purposes, or remanents, acquired
under the provisions of Section 4-501 of this Code for
equivalent interests in land, rights or property needed for
highway purposes. Where such interests are not of equivalent
value cash may be paid or received for the difference in
value.
(c) If at the time any property previously determined by
the Department to be needed for highway purposes is declared
no longer needed for such purposes, and the person from whom
such property was acquired still owns and has continuously
owned land abutting such property since the acquisition by
the Department, the Department before making any disposition
of that property shall first offer in writing that property
to the person from whom such property was acquired at the
current appraised value of the property. If the offer is
accepted in writing within 60 days of the date of the written
offer, the Department, subject to the written approval of the
Governor, is authorized to dispose of such property to the
person from whom such property was acquired upon payment of
the appraised value. If the offer is not accepted in writing
within 60 days of the date of the written offer, all rights
under this paragraph shall terminate.
(d) Except as provided in paragraph (c) of this Section,
if the Department obtains or obtained fee simple title to,
or any lesser interest, in any land, right, or other property
and must comply with subdivision (f)(3) of Section 6 of Title
I of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460 l-8(f)(3)), the Historic Bridge Program
established under Title 23, United States Code, Section 144,
subsection (o) (23 U.S.C. 144(o)), the National Historic
Preservation Act (16 U.S.C. Sec. 470), the Interagency
Wetland Policy Act of 1989, or the Illinois State Agency
Historic Resources Preservation Act, the Department, subject
to the written approval of the Governor and concurrence of
the grantee, is authorized to convey the title or interest in
the land, right, or other property to another governmental
agency, or a not-for-profit organization that will use the
property for purposes consistent with the appropriate law.
The Department may retain rights to protect the public
interest.
(Source: P.A. 83-312.)
Section 99. Effective date. This Act takes effect upon
becoming law.