Sen. Kyle McCarter

Filed: 3/15/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1856

2    AMENDMENT NO. ______. Amend Senate Bill 1856 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Highway Code is amended by
5changing 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
8approximate locations and widths of rights of way for future
9additions to the State highway system to inform the public and
10prevent costly and conflicting development of the land
11involved.
12    The Department shall hold a public hearing whenever
13approximate locations and widths of rights of way for future
14highway additions are to be established. The hearing shall be
15held in or near the county or counties where the land to be
16used is located and notice of the hearing shall be published in

 

 

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1a newspaper or newspapers of general circulation in the county
2or counties involved. Any interested person or his
3representative may be heard. The Department shall evaluate the
4testimony given at the hearing.
5    The Department shall make a survey and prepare a map
6showing the location and approximate widths of the rights of
7way needed for future additions to the highway system. The map
8shall show existing highways in the area involved and the
9property lines and owners of record of all land that will be
10needed for the future additions and all other pertinent
11information. Approval of the map with any changes resulting
12from the hearing shall be indicated in the record of the
13hearing and a notice of the approval and a copy of the map
14shall be filed in the office of the recorder for all counties
15in which the land needed for future additions is located.
16    Public notice of the approval and filing shall be given in
17newspapers of general circulation in all counties where the
18land is located and shall be served by registered mail within
1960 days thereafter on all owners of record of the land needed
20for future additions.
21    The Department may approve changes in the map from time to
22time. The changes shall be filed and notice given in the manner
23provided for an original map.
24    After the map is filed and notice thereof given to the
25owners of record of the land needed for future additions, no
26one shall incur development costs or place improvements in,

 

 

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1upon or under the land involved nor rebuild, alter or add to
2any existing structure without first giving 60 days notice by
3registered mail to the Department. This prohibition shall not
4apply to any normal or emergency repairs to existing
5structures. The Department shall have 45 days after receipt of
6that notice to inform the owner of the Department's intention
7to acquire the land involved; after which, it shall have the
8additional time of 120 days to acquire such land by purchase or
9to initiate action to acquire said land through the exercise of
10the right of eminent domain. When the right of way is acquired
11by the State no damages shall be allowed for any construction,
12alteration or addition in violation of this Section unless the
13Department has failed to acquire the land by purchase or has
14abandoned an eminent domain proceeding initiated pursuant to
15the provisions of this paragraph.
16    Any right of way needed for additions to the highway system
17may be acquired at any time by the State or by the county or
18municipality in which it is located. The time of determination
19of the value of the property to be taken under this Section for
20additions to the highway system shall be the date of the actual
21taking, if the property is acquired by purchase, or the date of
22the filing of a complaint for condemnation, if the property is
23acquired through the exercise of the right of eminent domain,
24rather than the date when the map of the proposed right-of-way
25was filed of record. The rate of compensation to be paid for
26farm land acquired hereunder by the exercise of the right of

 

 

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1eminent domain shall be in accordance with Section 4-501 of
2this Code.
3    Not more than 10 years after a protected corridor is
4established under this Section regardless of whether the
5corridor is established before or after the effective date of
6this amendatory Act of the 97th General Assembly, and not later
7than the expiration of each succeeding 10 year period, the
8Department shall hold public hearings to discuss the viability
9and feasibility of the protected corridor. In the case of a
10protected corridor established prior to 10 years before the
11effective date of this amendatory Act of the 97th General
12Assembly, the hearing shall be conducted within 6 months of the
13effective date of this amendatory Act of the 97th General
14Assembly. The Department shall retain the discretion to
15maintain any protected corridor established under this
16Section, but shall give due consideration to the information
17obtained at the hearing and, if the Department in its
18discretion determines that construction of the roadway is no
19longer feasible, the Department shall abolish the protected
20corridor.
21(Source: P.A. 91-357, eff. 7-29-99.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.".