(70 ILCS 3605/10) (from Ch. 111 2/3, par. 310)
Sec. 10.
The Authority shall have the right of eminent domain to acquire
private property and property devoted to any public use which is necessary
for the purposes of the Authority, provided, however, the Authority shall
have the right of eminent domain to acquire the property or properties
mentioned in Section 7 hereof extending beyond the boundaries of the
metropolitan area. However, the Authority shall have the right of eminent
domain to acquire property of any railroad which is not used for the
transportation of persons or property and to acquire rights and easements
across, under or over the right of way of such railroad. The Authority
shall have power to require persons or corporations owning or operating
public utility structures and appliances in, upon, under, over, across, or
along the public roads, streets, or other public ways in which the
Authority has the right to own, construct, operate or maintain
transportation facilities (1) to remove these public utility structures and
appliances from their locations, and (2) to relocate them in such places
elsewhere in the public roads, streets, or public ways as may be designated
by the corporate authorities having control of such public roads, streets
or public ways, either temporarily or for the remainder of the period of
the grant, license, or franchise which the specified persons or
corporations have to occupy such public roads, streets, or public ways for
public utility purposes. If any person or corporation owning or operating
public utility structures and appliances fails or refuses so to remove or
relocate them, the Authority may remove or relocate them. However, the
power of the Authority to so remove or relocate public utility structures
and appliances itself, or to require persons or corporations owning or
operating public utility structures and appliances to so remove or relocate
them, shall be exercised only upon such terms and conditions as the
Authority and these persons or corporations may agree upon, or in default
of such an agreement, upon such fair and reasonable terms and conditions as
the Authority may prescribe. These terms and conditions may include fair
and reasonable provisions as to how much of the expense of the removal, or
relocation shall be paid by the owners or operators of public utility
structures and appliances.
(Source: P.A. 76-1548.)
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