093_SB1361

 
                                     LRB093 08048 DRH 08249 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  Illinois  Highway  Code  is amended by
 5    changing Section 4-510 as follows:

 6        (605 ILCS 5/4-510) (from Ch. 121, par. 4-510)
 7        Sec. 4-510. The Department may  establish  presently  the
 8    exact  approximate  locations and widths of rights of way for
 9    future additions to the State highway system  to  inform  the
10    public  and prevent costly and conflicting development of the
11    land involved.
12        The Department shall hold a public hearing whenever exact
13    approximate locations and widths of rights of way for  future
14    highway additions are to be established. The hearing shall be
15    held  in  or near the county or counties where the land to be
16    used is located and notice of the hearing shall be  published
17    in  a  newspaper  or newspapers of general circulation in the
18    county or counties involved. Any  interested  person  or  his
19    representative  may  be  heard. The Department shall evaluate
20    the testimony given at the hearing.
21        The Department shall make a  survey  and  prepare  a  map
22    showing  the  exact  location  and  approximate widths of the
23    rights of way needed for  future  additions  to  the  highway
24    system.  The  map  shall  show  existing highways in the area
25    involved and the property lines and owners of record  of  all
26    land  that  will  be  needed for the future additions and all
27    other pertinent information. Approval of  the  map  with  any
28    changes  resulting from the hearing shall be indicated in the
29    record of the hearing, and a notice of the  approval,  and  a
30    copy  of  the map, and an environmental impact study shall be
31    filed in the office of the recorder for all counties in which
 
                            -2-      LRB093 08048 DRH 08249 b
 1    the land needed for future additions is located.
 2        Public notice of the approval and filing shall  be  given
 3    in  newspapers  of  general circulation in all counties where
 4    the land is located and shall be served  by  registered  mail
 5    within 60 days thereafter on all owners of record of the land
 6    needed for future additions.
 7        The  Department  may approve changes in the map from time
 8    to time. The changes shall be filed and notice given  in  the
 9    manner provided for an original map.
10        After  the  map  is filed and notice thereof given to the
11    owners of record of the land needed for future additions,  no
12    one  shall  incur development costs or place improvements in,
13    upon or under the land involved nor rebuild, alter or add  to
14    any existing structure without first giving 60 days notice by
15    registered mail to the Department. This prohibition shall not
16    apply   to  any  normal  or  emergency  repairs  to  existing
17    structures. The Department shall have 45 days  after  receipt
18    of  that  notice  to  inform  the  owner  of the Department's
19    intention to acquire the land involved; after which, it shall
20    have the additional time of 120 days to acquire such land  by
21    purchase  or  to initiate action to acquire said land through
22    the exercise of the right of eminent domain. When  the  right
23    of  way  is acquired by the State no damages shall be allowed
24    for any construction, alteration or addition in violation  of
25    this  Section unless the Department has failed to acquire the
26    land  by  purchase  or  has  abandoned  an   eminent   domain
27    proceeding  initiated  pursuant  to  the  provisions  of this
28    paragraph.
29        Any right of way needed  for  additions  to  the  highway
30    system  may  be  acquired  at any time by the State or by the
31    county or municipality in which it is located.  The  time  of
32    determination  of the value of the property to be taken under
33    this Section for additions to the highway system shall be the
34    date of the actual taking, if the  property  is  acquired  by
 
                            -3-      LRB093 08048 DRH 08249 b
 1    purchase,  or  the  date  of  the  filing  of a complaint for
 2    condemnation,  if  the  property  is  acquired  through   the
 3    exercise of the right of eminent domain, rather than the date
 4    when  the  map  of  the  proposed  right-of-way  was filed of
 5    record.  The rate of compensation to be paid  for  farm  land
 6    acquired  hereunder  by  the exercise of the right of eminent
 7    domain shall be in accordance  with  Section  4-501  of  this
 8    Code.
 9        Not  more  than  10  years  after a protected corridor is
10    established under  this  Section,  and  not  later  than  the
11    expiration  of each succeeding 10 year period, the Department
12    shall hold public  hearings  to  discuss  the  viability  and
13    feasibility  of the protected corridor.  The Department shall
14    give due consideration to the  information  obtained  at  the
15    hearing  and,  if  construction  of  the roadway is no longer
16    feasible, shall abolish the protected corridor.
17    (Source: P.A. 91-357, eff. 7-29-99.)

18        Section 99.  Effective date.  This Act takes effect  upon
19    becoming law.