State of Illinois
90th General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ House Amendment 001 ]
[ Senate Amendment 001 ]

90_SB0862

      605 ILCS 5/4-508          from Ch. 121, par. 4-508
          Amends the Illinois Highway Code.  Provides that  if  the
      Department of Transportation obtains an interest in any land,
      right,  or other property and must comply with the provisions
      of the Land and Water Conservation  Fund  Act  of  1965,  the
      Historic  Bridge  Program, the National Historic Preservation
      Act, the Interagency Wetland  Policy  Act  of  1989,  or  the
      Illinois State Agency Historic Resources Preservation Act, it
      may,   with   the   written  approval  of  the  Governor  and
      concurrence of the grantee, convey its title or  interest  to
      another  governmental  agency, a not-for-profit organization,
      or a private conservation  organization  that  will  use  the
      land,  right,  or  property  for purposes consistent with the
      appropriate law.  Provides that  the  Department  may  retain
      rights to protect the public interest. Effective immediately.
                                                    LRB9002236NTsbA
                                              LRB9002236NTsbA
 1        AN  ACT  to  amend  the Illinois Highway Code by changing
 2    Section 4-508.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Illinois  Highway  Code  is amended by
 6    changing Section 4-508 as follows:
 7        (605 ILCS 5/4-508) (from Ch. 121, par. 4-508)
 8        Sec. 4-508.  (a) Except as provided in paragraph  (c)  of
 9    this  Section,  and  subject  to  the written approval of the
10    Governor, the Department may dispose of, by public  sale,  at
11    auction  or  by  sealed  bids,  any  land,  rights  or  other
12    properties,  real  or  personal,  acquired  for but no longer
13    needed for highway purposes or remanents acquired  under  the
14    provisions  of  Section 4-501, provided that no such sale may
15    be made for less than the fair appraised value of such  land,
16    rights, or property.
17        (b)  Except as provided in paragraph (c) of this Section,
18    and  subject  to  the  written  approval of the Governor, the
19    Department may exchange  any  land,  rights  or  property  no
20    longer  needed  for  highway purposes, or remanents, acquired
21    under the provisions  of  Section  4-501  of  this  Code  for
22    equivalent  interests  in land, rights or property needed for
23    highway purposes. Where such interests are not of  equivalent
24    value  cash  may  be  paid  or received for the difference in
25    value.
26        (c)  If at the time any property previously determined by
27    the Department to be needed for highway purposes is  declared
28    no  longer needed for such purposes, and the person from whom
29    such property was acquired still owns  and  has  continuously
30    owned  land  abutting  such property since the acquisition by
31    the Department, the Department before making any  disposition
                            -2-               LRB9002236NTsbA
 1    of  that  property shall first offer in writing that property
 2    to the person from whom such property  was  acquired  at  the
 3    current  appraised  value  of  the property.  If the offer is
 4    accepted in writing within 60 days of the date of the written
 5    offer, the Department, subject to the written approval of the
 6    Governor, is authorized to dispose of such  property  to  the
 7    person  from  whom such property was acquired upon payment of
 8    the appraised value.  If the offer is not accepted in writing
 9    within 60 days of the date of the written offer,  all  rights
10    under this paragraph shall terminate.
11        (d)  If  the  Department  obtains  or obtained fee simple
12    title to, or any lesser interest,  in  any  land,  right,  or
13    other  property  and  must  comply with subdivision (f)(3) of
14    Section 6 of Title I of the Land and Water Conservation  Fund
15    Act  of  1965  (16 U.S.C. 460 l-8(f)(3)), the Historic Bridge
16    Program established  under  Title  23,  United  States  Code,
17    Section  144, subsection (o) (23 U.S.C. 144(o)), the National
18    Historic  Preservation  Act  (16  U.S.C.   Sec.   470),   the
19    Interagency Wetland Policy Act of 1989, or the Illinois State
20    Agency  Historic  Resources Preservation Act, the Department,
21    subject  to  the  written  approval  of  the   Governor   and
22    concurrence of the grantee, is authorized to convey the title
23    or  interest in the land, right, or other property to another
24    governmental agency,  a  not-for-profit  organization,  or  a
25    private  conservation organization that will use the property
26    for purposes consistent with the appropriate law.
27        The Department may retain rights to  protect  the  public
28    interest.
29    (Source: P.A. 83-312.)
30        Section  99.  Effective date.  This Act takes effect upon
31    becoming law.

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