Illinois General Assembly - Full Text of SB2450
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB2450  102nd General Assembly

SB2450 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2450

 

Introduced 2/26/2021, by Sen. Ram Villivalam

 

SYNOPSIS AS INTRODUCED:
 
605 ILCS 5/4-508  from Ch. 121, par. 4-508

    Amends the Illinois Highway Code. Allows the Department of Transportation to sell land, dedications, easements, access rights, or any interest in the real estate that it holds, or other properties acquired but no longer needed for highway purposes for fair market value (rather than for less than the appraised value). Provides that the fair market value may be based on one or more appraisals. Provides that the Department shall justify a sale below the fair market value. Provides that the Department shall develop a policy to assign a monetary value of all considerations. Provides for the order of priority in which the Department shall offer the real property. Makes other changes.


LRB102 15879 RAM 21248 b

 

 

A BILL FOR

 

SB2450LRB102 15879 RAM 21248 b

1    AN ACT concerning property.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Highway Code is amended by
5changing Section 4-508 as follows:
 
6    (605 ILCS 5/4-508)  (from Ch. 121, par. 4-508)
7    Sec. 4-508. (a) Except as provided in paragraphs (c) and
8(d) of this Section, and subject to the written approval of the
9Governor and, if required by federal law or regulation, the
10Federal Highway Administration, the Department may dispose of,
11by public sale, at auction or by sealed bids, any land,
12dedications, easements, access rights, or any interest in the
13real estate that it holds, rights or other properties, real or
14personal, acquired for but no longer needed for highway
15purposes or remnants acquired under the provisions of Section
164-501. Such , provided that no such sale may be made at for
17less than the fair market appraised value of such land,
18rights, or property, as determined by the Department. The fair
19market value of the land, rights, or property may be based on
20one or more appraisals completed by a qualified appraiser
21approved by the Department or a valuation waiver prepared by
22the Department. A sale below the fair market value, as
23established by this Section, shall be justified, in writing,

 

 

SB2450- 2 -LRB102 15879 RAM 21248 b

1by Department staff, which shall include consideration of all
2relevant information, including, but not limited to, findings
3regarding the best interests of the Department, other public
4benefits such as divestment of liabilities, or changed
5circumstances. The Department shall develop a policy to assign
6a monetary value of all such considerations in valuation
7determinations. An appraisal may be paid for by any interested
8party. The form of the conveyance or release shall be in a form
9approved by the Department.
10    (b) Except as provided in paragraphs (c) and (d) of this
11Section, and subject to the written approval of the Governor,
12the Department may exchange any land, rights or property no
13longer needed for highway purposes or remnants acquired under
14the provisions of Section 4-501 of this Code for equivalent
15interests in land, rights or property needed for highway
16purposes. Where such interests are not of equivalent value
17cash may be paid or received for the difference in value.
18    (c) If at the time any property previously determined by
19the Department to be needed for highway purposes is declared
20excess and no longer needed for the Department's such
21purposes, and before making the property available for public
22sale as provided in subsection (a), the Department shall offer
23that real property as follows:
24        (1) To the person from whom such real property was
25    acquired that still owns and has continuously owned land
26    adjacent to or abutting such real property since the

 

 

SB2450- 3 -LRB102 15879 RAM 21248 b

1    acquisition by the Department, the Department before
2    making any disposition of that property shall first offer
3    the property, in writing, for the fair market that
4    property to the person from whom such property was
5    acquired at the current appraised value of the property.
6    If the Department's offer to such a person is accepted, in
7    writing, within 60 days of the date of the written offer,
8    the Department, subject to the written approval of the
9    Governor, is authorized to dispose of such property to
10    that person the person from whom such property was
11    acquired upon payment of the appraised value. If the offer
12    is not accepted, in writing, within 60 days of the date of
13    the written offer, all rights under this paragraph shall
14    terminate.
15        (2) If the option in paragraph (1) does not exist or an
16    offer is made and not accepted, or a sale otherwise is not
17    consummated, the Department shall offer, in writing, at
18    the value determined by the Department, the real property
19    declared excess to the local municipality in which the
20    property is situated and located, or, if the property is
21    situated and located in an unincorporated area, to the
22    county and township, if applicable, in which the property
23    is situated and located. If a letter of intent to accept
24    the offer is received by the Department, in writing,
25    within 15 days of the date of the offer, the local
26    governmental entity shall have 45 days from the date on

 

 

SB2450- 4 -LRB102 15879 RAM 21248 b

1    the offer to accept the offer formally by resolution of
2    its governing body. If the offer is formally accepted
3    within 45 days of the date of the written offer, the
4    Department, subject to the written approval of the
5    Governor, is authorized to convey the property to the
6    governing body upon payment of the value stated in the
7    offer and may include a reversion for failure to continue
8    public ownership and use if conveyed for less than fair
9    market value. If a timely letter of intent to accept and a
10    formal acceptance is received from a county and a
11    township, the county shall be given priority. If a letter
12    of intent is not received within 15 days of the offer, all
13    rights under this paragraph shall terminate. If the letter
14    of intent is received within the 15 days, but the formal
15    acceptance is not received within 45 days of the date of
16    the written offer, all rights under this paragraph shall
17    terminate. If the unit of local government does not tender
18    the funds in the full amount of the accepted offer within
19    90 days of the date of the offer, all rights under this
20    paragraph shall terminate. If a county fails to tender the
21    funds in the full amount of the written accepted offer and
22    a township tenders the full amount of a timely accepted
23    offer within 15 days of the county's failure to timely
24    tender, the Department shall sell the land, rights, or
25    property to the township. The Department shall have the
26    right to revoke, in writing, any offer made under this

 

 

SB2450- 5 -LRB102 15879 RAM 21248 b

1    paragraph at any time before the funds in the full amount
2    of the offer are tendered to the Department.
3        (3) If the option in paragraph (1) or (2) does not
4    exist or a sale is not otherwise consummated, the
5    Department shall offer, in writing, at fair market value,
6    the real property declared excess to an adjacent or
7    abutting property owner if the property owner is the only
8    reasonable party as determined by the Department. If the
9    Department's offer is accepted by the property owner, in
10    writing, within 60 days of the date of the written offer,
11    the Department, subject to the written approval of the
12    Governor, is authorized to convey the property to the
13    property owner upon payment of the fair market value. If
14    the offer is not accepted, in writing, within 60 days of
15    the date of the written offer, all rights under this
16    paragraph shall terminate.
17    (d) If the Department enters into or currently has a
18written contract with another highway authority for the
19transfer of jurisdiction of any highway or portion thereof,
20the Department is authorized to convey, subject to the written
21approval of the Governor, without compensation, any land,
22dedications, easements, access rights, or any interest in the
23real estate that it holds to that specific highway or portion
24thereof to the highway authority that is accepting or has
25accepted jurisdiction. However, no part of the transferred
26property can be vacated or disposed of without the approval of

 

 

SB2450- 6 -LRB102 15879 RAM 21248 b

1the Department, which may require compensation for non-public
2use.
3    (e) Except as provided in paragraph (c) of this Section,
4if the Department obtains or obtained fee simple title to, or
5any lesser interest, in any land, right, or other property and
6must comply with subdivision (f)(3) of Section 6 of Title I of
7the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460
8l-8(f)(3)), the Historic Bridge Program established under
9Title 23, United States Code, Section 144, subsection (o) (23
10U.S.C. 144(o)), the National Historic Preservation Act (16
11U.S.C. Sec. 470), the Interagency Wetland Policy Act of 1989,
12or the Illinois State Agency Historic Resources Preservation
13Act, the Department, subject to the written approval of the
14Governor and concurrence of the grantee, is authorized to
15convey the title or interest in the land, right, or other
16property to another governmental agency, or a not-for-profit
17organization that will use the property for purposes
18consistent with the appropriate law.
19    The Department may retain rights to protect the public
20interest.
21(Source: P.A. 95-331, eff. 8-21-07.)