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| [ Engrossed ] | [ Enrolled ] | [ House Amendment 001 ] |
90_HB2652
605 ILCS 10/7.5 new
605 ILCS 10/9 from Ch. 121, par. 100-9
605 ILCS 10/9.5 new
605 ILCS 10/9.10 new
605 ILCS 10/9.15 new
605 ILCS 10/9.20 new
605 ILCS 10/9.25 new
605 ILCS 10/11 from Ch. 121, par. 100-11
605 ILCS 10/14 from Ch. 121, par. 100-14
765 ILCS 205/9 from Ch. 109, par. 9
Amends the Toll Highway Act and the Plat Act. Requires
the board of directors of the Illinois State Toll Highway
Authority to set aside a portion of each meeting open to the
public during which the public may comment on any subject.
When the Authority establishes a protected corridor by making
and recording a plat, requires the Authority to begin
construction within 10 years. Makes numerous changes
relating to the acquisition of property by the Authority, the
rights of property owners, and payment of compensation to
property owners. Provides for a public hearing before the
adoption of any increase in toll rates. Requires the
Authority to create a local advisory committee of members
from each county in which a portion of an additional toll
highway is proposed to be constructed. Makes other changes.
LRB9010056WHmg
LRB9010056WHmg
1 AN ACT concerning toll highways, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Toll Highway Act is amended by changing
5 Sections 9, 11, and 14 and adding Sections 7.5, 9.5, 9.10,
6 9.15, 9.20, and 9.25 as follows:
7 (605 ILCS 10/7.5 new)
8 Sec. 7.5. Public comments at board meetings. The board
9 of directors shall set aside a portion of each meeting of the
10 board that is open to the public pursuant to the provisions
11 of the Open Meetings Act during which members of the public
12 who are present at the meeting may comment on any subject.
13 (605 ILCS 10/9) (from Ch. 121, par. 100-9)
14 Sec. 9. The Authority shall have the power:
15 (a) To prepare, or cause to be prepared detailed
16 plans, specifications and estimates, from time to time,
17 for the construction, relocation, repair, maintenance and
18 operation of toll highways within and through the State
19 of Illinois.
20 (b) To acquire, hold and use real and personal
21 property, including rights, rights-of-way, franchises,
22 easements and other interests in land as it may desire,
23 or as may be necessary or convenient for its authorized
24 purposes by purchase, gift, grant or otherwise, and to
25 take title thereto; to acquire in the manner that may now
26 or hereafter be provided for by the law of eminent domain
27 of this State, any real or personal property (including
28 road building materials and public lands, parks,
29 playgrounds, reservations, highways or parkways, or parts
30 thereof, or rights therein, of any person, railroad,
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1 public service, public utility, or municipality or
2 political subdivision) necessary or convenient for its
3 authorized purpose. Such acquisition of real property,
4 whether by purchase, gift, condemnation or otherwise,
5 wherever necessary or convenient in the discretion of the
6 Authority, may include the extension of existing rights
7 and easements of access, use and crossing held by any
8 person or persons, interests in land abutting on existing
9 highways, and remnants or remainder property; and such
10 acquisitions of real property may be free and clear of,
11 and without any rights or easements of access, use and
12 crossing in favor of any person or persons including
13 interest in any land adjacent or contiguous to the land
14 so acquired, provided however, that nothing herein
15 contained shall be construed to authorize the taking or
16 damaging of any private property for such purposes by the
17 Authority, without just compensation.
18 (c) To accept conveyance of fee simple title to, or
19 any lesser interest in, land, rights or property conveyed
20 by the Department of Transportation under Section 4-508.1
21 of the Illinois Highway Code.
22 (d) It is hereby declared, as a matter of
23 legislative determination, that the fundamental goal of
24 the people of Illinois is the educational development of
25 all persons to the limits of their capacities, and this
26 educational development requires the provision of
27 environmentally and physically safe facilities.
28 If the building line of a building used primarily
29 for the purpose of educating elementary or secondary
30 students lies within 100 feet of any ingress or egress
31 ramp that is used or that has been used by traffic
32 exiting or entering any toll highway operated by the Toll
33 Highway Authority, the Toll Highway Authority shall
34 acquire the building, together with any property owned,
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1 leased, or utilized adjacent to it and pertaining to its
2 educational operations, from the school district that
3 owns or operates it, for just compensation. "Just
4 compensation" for purposes of this subsection (d) means
5 the replacement cost of the building and adjacent
6 property so that the students educated in the building
7 have the opportunity to be educated according to
8 standards prevailing in the State of Illinois.
9 Prior to the establishment of a protected corridor by the
10 recording of a plat under Section 9 of the Plat Act, the
11 Authority shall hold a public hearing at which any person may
12 appear, express opinions, suggestions, or objections, or
13 direct inquiries relating to the proposed protected corridor
14 map. A hearing shall be held in each county in which a
15 protected corridor map is to be recorded. The Authority
16 shall send a notice to all property owners within the
17 protected corridor by registered mail. The notice shall
18 explain the Authority's proposal to establish a protected
19 corridor, how the property owners will be affected, and the
20 date, time, and location of the hearing. Property owners
21 shall receive the notice at least 15 days prior to the date
22 of the hearing. In addition, the Authority shall give notice
23 of the hearing by advertisement on 3 successive days at least
24 15 days prior to the date of the hearing in a daily newspaper
25 of general circulation within the county within which the
26 hearing is held.
27 (Source: P.A. 89-297, eff. 8-11-95.)
28 (605 ILCS 10/9.5 new)
29 Sec. 9.5. Acquisition of property.
30 (a) The Authority shall make every effort to acquire
31 property by negotiation. As soon as feasible, the property
32 owner shall be notified of the Authority's interest in
33 acquiring the property and the property owners' rights.
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1 Prior to the initiation of negotiations, the Authority shall
2 secure an appraisal of the property. The appraisal shall be
3 conducted by a State certified general real estate appraiser
4 as defined in Section 36.1 of the Real Estate License Act of
5 1983. The appraiser shall take into consideration what the
6 value of the property would be in a comparable neighborhood
7 which is not located in a protected highway corridor. The
8 owner or the owner's designated representative shall be given
9 an opportunity to accompany the appraiser during the
10 appraiser's inspection of the property.
11 Prior to the initiation of negotiations, the Authority
12 shall establish an amount that it believes is just
13 compensation for the property. The amount shall not be less
14 than the appraisal of the fair market value of the property.
15 Promptly thereafter, the Authority shall make a written offer
16 to the owner to acquire the property for the full amount
17 believed to be just compensation. Along with the initial
18 written purchase offer, the owner shall be given a written
19 statement of the basis for the offer, which shall include the
20 following:
21 (1) A statement of the amount offered as just
22 compensation, including a copy of the appraisal. In the
23 case of a partial acquisition, the compensation for the
24 property to be acquired and the compensation for damages,
25 if any, to the remaining real property shall be
26 separately stated.
27 (2) A description and location identification of
28 the property and the interest in the property to be
29 acquired.
30 (3) An identification of the buildings, structures,
31 and other improvements that are considered to be part of
32 the property for which the offer of just compensation is
33 made.
34 (4) An explanation of the Authority's acquisition
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1 policies and procedures, including its payment of
2 incidental expenses.
3 (b) The Authority shall make every reasonable effort to
4 contact the owner or the owner's representative and discuss
5 its offer to purchase the property. The owner shall be given
6 every reasonable opportunity to consider the offer and
7 present material that the owner believes is relevant to
8 determining the value of the property, including an appraisal
9 obtained by the owner from a State certified general real
10 estate appraiser, and to suggest modifications in the
11 proposed terms and conditions of the purchase. The
12 Authority shall pay for the cost of the owner's appraisal.
13 The Authority shall give due consideration to the owner's
14 presentation. The Authority shall not advance the time of
15 condemnation or defer negotiations or take any coercive
16 action in order to induce an agreement on the price to be
17 paid for the property. The Authority shall not require any
18 person to move without at least 90 days written notice. The
19 Authority shall not require any person to move more than 30
20 days prior to the date of the beginning of construction.
21 (605 ILCS 10/9.10 new)
22 Sec. 9.10. Expenses incidental to transfer of title.
23 The owner of property to be acquired by the Authority shall
24 be reimbursed for all reasonable expenses the owner
25 necessarily incurred for:
26 (1) reasonable attorneys' fees and all legal
27 expenses incurred with regard to property acquisition;
28 (2) closing and related costs, recording fees,
29 transfer taxes, documentary stamps, evidence of title,
30 boundary surveys, legal descriptions of the property, and
31 similar expenses incidental to conveying the real
32 property of the Authority;
33 (3) penalty costs and other charges for prepayment
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1 of any preexisting recorded mortgage entered into in good
2 faith encumbering the property;
3 (4) the pro-rata portion of any prepaid real
4 property taxes that are allocable to the period after the
5 Authority obtains title to the property or effective
6 possession of it, whichever is earlier; and
7 (5) the increased interest costs and other debt
8 service costs that are incurred in connection with the
9 mortgage on the replacement dwelling.
10 Whenever feasible, the Authority shall pay these costs
11 directly so that the owner will not have to pay these costs
12 and then seek reimbursement from the Authority.
13 (605 ILCS 10/9.15 new)
14 Sec. 9.15. Owner retention of displacement dwelling and
15 other items.
16 (a) The owner of property to be acquired by the
17 Authority shall have the option of retaining his or her
18 dwelling for the purpose of relocating it to a replacement
19 site, if relocation is feasible. If the owner retains
20 ownership of his or her dwelling, moves it from the
21 displacement site, and reoccupies it on a replacement site,
22 the Authority shall pay: (i) the cost of moving if the
23 relocation site is within 5 miles of the displacement site,
24 (ii) the cost of restoring the dwelling to a condition
25 comparable to that prior to the move, and (iii) the appraised
26 value of the land from which the dwelling was moved.
27 (b) The owner of property to be acquired by the
28 Authority shall have the right to retain ownership of a
29 dwelling's cabinets, moldings, and fixtures. If the
30 Authority acquires the dwelling, the property owner may
31 remove cabinets, moldings, and fixtures if stipulated in the
32 agreement to purchase the property.
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1 (605 ILCS 10/9.20 new)
2 Sec. 9.20. Condemnation proceeding expenses. The owner
3 of property to be acquired by the Authority shall be
4 reimbursed for any reasonable expenses, including reasonable
5 attorney, appraisal, and engineering fees, that the owner
6 actually incurred because of a condemnation proceeding if:
7 (1) the final judgement of the court is that the
8 Authority cannot acquire the property by condemnation;
9 (2) the condemnation proceeding is abandoned by the
10 Authority other than under an agreed-upon settlement; or
11 (3) the court renders a judgement in favor of the
12 owner or the Authority effects a settlement of the
13 proceeding.
14 (605 ILCS 10/9.25 new)
15 Sec. 9.25. Comparable replacement dwelling; additional
16 or supplemental housing payment. Whenever the cost of a
17 comparable replacement dwelling is greater than what the
18 Authority paid the property owner, the Authority shall
19 provide additional or supplemental housing payments. No
20 person shall be required to move from a dwelling unless
21 comparable replacement housing is available to the person.
22 The total of additional or supplemental housing payments to a
23 property owner under this Section shall not exceed $25,000.
24 (605 ILCS 10/11) (from Ch. 121, par. 100-11)
25 Sec. 11. The Authority shall have power:
26 (a) To enter upon lands, waters and premises in the
27 State for the purpose of making surveys, soundings, drillings
28 and examinations as may be necessary, expedient or convenient
29 for the purposes of this Act, and such entry shall not be
30 deemed to be a trespass, nor shall an entry for such purpose
31 be deemed an entry under any condemnation proceedings which
32 may be then pending; provided, however, that the Authority
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1 shall make reimbursement for any actual damage resulting to
2 such lands, waters and premises as the result of such
3 activities.
4 (b) To construct, maintain and operate stations for the
5 collection of tolls or charges upon and along any toll
6 highways.
7 (c) To provide for the collection of tolls and charges
8 for the privilege of using the said toll highways. Before it
9 adopts an increase in the rates for toll, the Authority shall
10 hold a public hearing at which any person may appear, express
11 opinions, suggestions, or objections, or direct inquiries
12 relating to the proposed increase. Any person may submit a
13 written statement to the Authority at the hearing, whether
14 appearing in person or not. The hearing shall be held in the
15 municipality in closest proximity to the toll plaza at which
16 the proposed increase of the rates is to take place. The
17 Authority shall give notice of the hearing by advertisement
18 on 3 successive days at least 15 days prior to the date of
19 the hearing in a daily newspaper of general circulation
20 within the municipality within which the hearing is held.
21 The notice shall state the date, time, and place of the
22 hearing, shall contain a description of the proposed
23 increase, and shall specify how interested persons may obtain
24 copies of any reports, resolutions, or certificates
25 describing the basis on which the proposed change,
26 alteration, or modification was calculated. After
27 consideration of any statements filed or oral opinions,
28 suggestions, objections, or inquiries made at the hearing,
29 the Authority may proceed to adopt the proposed increase of
30 the rates for toll. No Any change or, alteration in or
31 modification of the rates for toll shall not be effective
32 unless at least 30 days prior to the effective date
33 establishment of such rates notice thereof shall be given to
34 the public by publication in a newspaper of general
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1 circulation, and such notice, or notices, thereof shall be
2 posted and publicly displayed at each and every toll station
3 upon or along said toll highways.
4 (d) To construct, at the Authority's discretion, grade
5 separations at intersections with any railroads, waterways,
6 street railways, streets, thoroughfares, public roads or
7 highways intersected by the said toll highways, and to change
8 and adjust the lines and grades thereof so as to accommodate
9 the same to the design of such grade separation and to
10 construct interchange improvements. The Authority is
11 authorized to provide such grade separations or interchange
12 improvements at its own cost or to enter into contracts or
13 agreements with reference to division of cost therefor with
14 any municipality or political subdivision of the State of
15 Illinois, or with the Federal Government, or any agency
16 thereof, or with any corporation, individual, firm, person or
17 association. Where such structures have been built by the
18 Authority and a local highway agency did not enter into an
19 agreement to the contrary, the Authority shall maintain the
20 entire structure, including the road surface, at the
21 Authority's expense.
22 (e) To contract with and grant concessions to or lease
23 or license to any person, partnership, firm, association or
24 corporation so desiring the use of any part of any toll
25 highways, excluding the paved portion thereof, but including
26 the right of way adjoining, under, or over said paved portion
27 for the placing of telephone, telegraph, electric, power
28 lines and other utilities, and for the placing of pipe lines,
29 and to enter into operating agreements with or to contract
30 with and grant concessions to or to lease to any person,
31 partnership, firm, association or corporation so desiring the
32 use of any part of the toll highways, excluding the paved
33 portion thereof, but including the right of way adjoining, or
34 over said paved portion for motor fuel service stations and
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1 facilities, garages, stores and restaurants, or for any other
2 lawful purpose, and to fix the terms, conditions, rents,
3 rates and charges for such use.
4 The Authority shall also have power to establish
5 reasonable regulations for the installation, construction,
6 maintenance, repair, renewal, relocation and removal of
7 pipes, mains, conduits, cables, wires, towers, poles and
8 other equipment and appliances (herein called public
9 utilities) of any public utility as defined in the Public
10 Utilities Act along, over or under any toll road project.
11 Whenever the Authority shall determine that it is necessary
12 that any such public utility facilities which now are located
13 in, on, along, over or under any project or projects be
14 relocated or removed entirely from any such project or
15 projects, the public utility owning or operating such
16 facilities shall relocate or remove the same in accordance
17 with the order of the Authority. All costs and expenses of
18 such relocation or removal, including the cost of installing
19 such facilities in a new location or locations, and the cost
20 of any land or lands, or interest in land, or any other
21 rights required to accomplish such relocation or removal
22 shall be ascertained and paid by the Authority as a part of
23 the cost of any such project or projects, and further, there
24 shall be no rent, fee or other charge of any kind imposed
25 upon the public utility owning or operating any facilities
26 ordered relocated on the properties of the said Authority and
27 the said Authority shall grant to the said public utility
28 owning or operating said facilities and its successors and
29 assigns the right to operate the same in the new location or
30 locations for as long a period and upon the same terms and
31 conditions as it had the right to maintain and operate such
32 facilities in their former location or locations.
33 (Source: P.A. 86-1164.)
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1 (605 ILCS 10/14) (from Ch. 121, par. 100-14)
2 Sec. 14. (a) The Authority shall, prior to the
3 commencement of any engineering and traffic study or studies
4 to determine the feasibility of constructing additional toll
5 highways within the State of Illinois, submit to the Governor
6 for his approval, the route, or routes, proposed for
7 additional toll highways together with an estimate of the
8 cost of the proposed study or studies. If the Governor shall
9 approve such proposed study or studies and the estimated cost
10 thereof, or shall fail to disapprove such proposed study or
11 studies and estimate of cost thereof, within 30 days after
12 receipt thereof, the Authority may, thereupon, proceed with
13 such study or studies.
14 (b) The Authority shall create a local advisory
15 committee of members from each county in which any portion of
16 an additional toll highway is proposed to be constructed.
17 The committee members shall be designated by township and
18 municipal governing bodies in proportion to the percentage of
19 corridor property situated within the unincorporated area of
20 a township and incorporated municipalities located in the
21 same township. No less than 50% of the members of this
22 committee shall be representatives of organized citizen
23 groups directly affected by the proposed corridor. All
24 meetings shall be held in compliance with the Open Meetings
25 Act. The committee shall consider and advise the Authority
26 with respect to the impact on property owners, land use, and
27 other impacts of the proposed highway.
28 (Source: Laws 1967, p. 2748.)
29 Section 10. The Plat Act is amended by changing Section
30 9 as follows:
31 (765 ILCS 205/9) (from Ch. 109, par. 9)
32 Sec. 9. Whenever any highway, road, street, alley,
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1 public ground, toll-road, railroad, reservoir or canal is
2 laid out, located, opened, widened or extended, or its
3 location altered, it is the duty of the commissioners,
4 authorities, officers, persons or corporations, public or
5 private, laying out, locating, opening, widening, extending
6 or altering the same, to make a plat, showing its width,
7 courses and extent, and making reference to known and
8 established corners or monuments. When the location of a
9 subdivision, lots or parcel within a subdivision, tract,
10 highway, road, street, alley, public ground, toll-road,
11 railroad, reservoir or canal is known either by established
12 corners or adequate, existing records, the monument or
13 monuments shall be located and referenced either by or under
14 the direction of a Registered Land Surveyor at the time such
15 highway, road, street, alley, public ground, toll-road,
16 railroad, reservoir or canal is laid out, located, widened or
17 extended, or its location altered. Suitable permanent
18 monuments shall be reset in the surface of new construction
19 or permanent witness monuments set to perpetuate their
20 location and certified as correct by a Registered Land
21 Surveyor. The plat shall be recorded in the office of the
22 recorder of the county in which the premises are taken or
23 used, or any part thereof, are situated, or in case of land
24 the title to which is registered under "An Act concerning
25 land titles", approved May 1, 1897, as amended, to be filed
26 in the office of the registrar of titles for the county,
27 within 6 months after such highway, road, street, alley,
28 public ground, toll-road, railroad, reservoir or canal is
29 laid out, located, opened, widened, or extended, or the
30 location thereof altered and when any highway, road, street,
31 alley, public ground, toll-road, railroad, reservoir or canal
32 is vacated, the order, ordinance or other declaration of
33 vacation must be in like manner recorded or filed. The
34 recorder or registrar of titles shall not record or register
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1 a plat offered for recording or registration after October 1,
2 1977, unless such plat is at least 8 1/2 inches by 14 inches
3 but not more than 30 inches by 36 inches. Sufficient
4 controlling monuments shall be retained or replaced in their
5 original positions or reference monuments established from
6 original controlling monuments, so as to enable land lines,
7 property corners or tract boundaries to be re-established
8 without surveys based on monuments differing from the ones
9 which currently control the area. Every land surveyor is
10 under a duty to cooperate in matters of maps, field notes and
11 other pertinent records. This Act shall not be construed to
12 alter or affect any law specifically providing for the
13 recording or filing of any plat, or to require the same to be
14 recorded or filed sooner than is so specifically provided;
15 except that any requirements to record or file such plat in
16 any other place than is provided herein do not excuse the
17 parties from complying with this Act. Any party who refuses
18 or neglects to comply with this Section shall be guilty of a
19 petty offense for every month he continues in such refusal or
20 neglect after conviction, to be recovered by an action in the
21 circuit court of the county, in the name of the county, 1/2
22 to the use of the county and the other 1/2 to the use of the
23 person complaining.
24 The provisions of this Section shall not apply to a
25 railroad subject to the jurisdiction of the Interstate
26 Commerce Commission or any abandonment of all or a portion of
27 such railroad, except that the provisions of this Section
28 shall apply to the construction of a new line of railroad.
29 When the Illinois State Toll Highway Authority
30 establishes a protected corridor by making and recording a
31 plat pursuant to this Section, the Illinois State Toll
32 Highway Authority shall begin construction within 10 years of
33 the recording of the plat. If the Illinois State Toll
34 Highway Authority fails to begin construction within the 10
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1 year period, the Illinois State Toll Highway Authority shall
2 sell, at fair market value, all property or rights-of-way it
3 has acquired in the corridor, provided however that the
4 former owner of the property or rights-of-way shall be given
5 the initial opportunity to purchase the property or
6 rights-of-way. If for any reason the Illinois State Toll
7 Highway Authority determines that it is necessary to alter,
8 change, or shift the boundaries of the protected corridor,
9 the starting date of the 10 year period shall remain the date
10 of the recording of the original plat.
11 (Source: P.A. 88-81.)