Illinois Compiled Statutes
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605 ILCS 5/4-508
(605 ILCS 5/4-508)
(from Ch. 121, par. 4-508)
(a) Except as provided in paragraphs (c)
and (d) 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 remnants 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 paragraphs (c) and (d) 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 remnants
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
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) If the Department enters into or currently has a written contract with
another highway authority for the transfer of jurisdiction of any highway or
portion thereof, the Department is authorized
to convey, without compensation, any land, dedications, easements,
access rights, or any interest in the real estate that it holds to that
specific highway or portion thereof to the highway authority that is accepting
or has accepted jurisdiction. However, no part of the transferred property can
be vacated or disposed of without the approval of the Department, which may
require compensation for non-public use.
(e) 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. 95-331, eff. 8-21-07.)