State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]

90_HB2652enr

      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
HB2652 Enrolled                                LRB9010056WHmg
 1        AN  ACT to amend the Toll Highway Act by changing certain
 2    Sections and adding certain Sections.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The Toll Highway Act is amended by changing
 6    Sections 9, 11, and 14 and adding Sections  7.5,  9.5,  9.10,
 7    9.15,  9.20,  9.25, 9.30, 9.35, 9.40, 9.45, 9.50, and 9.60 as
 8    follows:
 9        (605 ILCS 10/7.5 new)
10        Sec. 7.5.  Public comments at board meetings.  The  board
11    of directors shall set aside a portion of each meeting of the
12    board  that  is open to the public pursuant to the provisions
13    of the Open Meetings Act during which members of  the  public
14    who are present at the meeting may comment on any subject.
15        (605 ILCS 10/9) (from Ch. 121, par. 100-9)
16        Sec. 9.  The Authority shall have the power:
17             (a)  To  prepare,  or  cause to be prepared detailed
18        plans, specifications and estimates, from time  to  time,
19        for the construction, relocation, repair, maintenance and
20        operation  of  toll highways within and through the State
21        of Illinois.
22             (b)  To acquire, hold  and  use  real  and  personal
23        property,  including  rights,  rights-of-way, franchises,
24        easements and other interests in land as it  may  desire,
25        or  as  may be necessary or convenient for its authorized
26        purposes by purchase, gift, grant or  otherwise,  and  to
27        take title thereto; to acquire in the manner that may now
28        or hereafter be provided for by the law of eminent domain
29        of  this  State, any real or personal property (including
30        road  building  materials  and   public   lands,   parks,
HB2652 Enrolled             -2-                LRB9010056WHmg
 1        playgrounds, reservations, highways or parkways, or parts
 2        thereof,  or  rights  therein,  of  any person, railroad,
 3        public  service,  public  utility,  or  municipality   or
 4        political  subdivision)  necessary  or convenient for its
 5        authorized purpose. Such acquisition  of  real  property,
 6        whether  by  purchase,  gift,  condemnation or otherwise,
 7        wherever necessary or convenient in the discretion of the
 8        Authority, may include the extension of  existing  rights
 9        and  easements  of  access,  use and crossing held by any
10        person or persons, interests in land abutting on existing
11        highways, and remnants or remainder  property;  and  such
12        acquisitions  of  real property may be free and clear of,
13        and without any rights or easements of  access,  use  and
14        crossing  in  favor  of  any  person or persons including
15        interest in any land adjacent or contiguous to  the  land
16        so   acquired,  provided  however,  that  nothing  herein
17        contained shall be construed to authorize the  taking  or
18        damaging of any private property for such purposes by the
19        Authority, without just compensation.
20             (c)  To accept conveyance of fee simple title to, or
21        any lesser interest in, land, rights or property conveyed
22        by the Department of Transportation under Section 4-508.1
23        of the Illinois Highway Code.
24             (c-1)    To   establish  presently  the  approximate
25        locations  and  widths  of  rights  of  way  for   future
26        additions to the toll highway system to inform the public
27        and  prevent  costly  and  conflicting development of the
28        land involved.
29             The Authority shall hold a public  hearing  whenever
30        approximate  locations  and  widths  of rights of way for
31        future toll highway additions are to be established.  The
32        hearing shall be held in or near the county  or  counties
33        in which the land to be used is located and notice of the
34        hearing  shall  be published in a newspaper or newspapers
HB2652 Enrolled             -3-                LRB9010056WHmg
 1        of  general  circulation  in  the  county   or   counties
 2        involved.      Any   interested  person  or  his  or  her
 3        representative  may  be  heard.   The   Authority   shall
 4        evaluate the testimony given at the hearing.
 5             The  Authority shall make a survey and prepare a map
 6        showing the location and approximate widths of the rights
 7        of way needed for future additions to  the  toll  highway
 8        system.  The map shall show existing highways in the area
 9        involved  and  the property lines and owners of record of
10        all land that will be needed for the future additions and
11        all other pertinent information.   Approval  of  the  map
12        with  any  changes  resulting  from  the hearing shall be
13        indicated in the record of the hearing and  a  notice  of
14        the  approval and a copy of the map shall be filed in the
15        office of the recorder for all counties in which the land
16        needed for future additions is located.
17             Public notice of the approval and  filing  shall  be
18        given   in  newspapers  of  general  circulation  in  all
19        counties in which the land is located and shall be served
20        by registered mail  within  60  days  thereafter  on  all
21        owners of record of the land needed for future additions.
22             The  Authority  may  approve changes in the map from
23        time to time.  The changes  shall  be  filed  and  notice
24        given in the manner provided for an original map.
25             After  the  map is filed and notice thereof given to
26        the owners of  record  of  the  land  needed  for  future
27        additions,  no  person  shall  incur development costs or
28        place improvements in, upon, or under the  land  involved
29        nor  rebuild,  alter,  or  add  to any existing structure
30        without first giving 60 days' notice by  registered  mail
31        to  the  Authority.   This prohibition shall not apply to
32        any normal or emergency repairs to  existing  structures.
33        The  Authority  shall  have 45 days after receipt of that
34        notice to inform the owner of the  Authority's  intention
HB2652 Enrolled             -4-                LRB9010056WHmg
 1        to  acquire  the land involved, after which it shall have
 2        an additional 120 days to acquire the land by purchase or
 3        to initiate  action  to  acquire  the  land  through  the
 4        exercise  of the right of eminent domain.  When the right
 5        of way is acquired by the Authority, no damages shall  be
 6        allowed  for any construction, alteration, or addition in
 7        violation of this subsection (c-1) unless  the  Authority
 8        has  failed  to  acquire  the  land  by  purchase  or has
 9        abandoned  an  eminent  domain  proceeding  initiated  in
10        accordance with this subsection (c-1).
11             Any right of way needed for additions  to  the  toll
12        highway  system  may  be  acquired  at  any  time  by the
13        Authority.  The time of determination of the value of the
14        property to be taken under this Section for additions  to
15        the  toll  highway system shall be the date of the actual
16        taking, if the property is acquired by purchase,  or  the
17        date  of  the  filing of a complaint for condemnation, if
18        the property is acquired  through  the  exercise  of  the
19        right  of  eminent  domain, rather than the date when the
20        map of the proposed right of way was filed of record.
21             (c-2) Not more  than  10  years  after  a  protected
22        corridor  is  established under subsection (c-1), and not
23        later  than  the  expiration  of  each   10-year   period
24        thereafter,  the Authority shall hold a public hearing to
25        discuss the viability and feasibility  of  the  protected
26        corridor.    Following   the   hearing   and  giving  due
27        consideration to the information obtained at the hearing,
28        the Board of Directors of the  Authority  shall  vote  to
29        either continue or abolish the protected corridor.
30             (d)  It   is   hereby   declared,  as  a  matter  of
31        legislative determination, that the fundamental  goal  of
32        the  people of Illinois is the educational development of
33        all persons to the limits of their capacities,  and  this
34        educational   development   requires   the  provision  of
HB2652 Enrolled             -5-                LRB9010056WHmg
 1        environmentally and physically safe facilities.
 2             If the building line of a  building  used  primarily
 3        for  the  purpose  of  educating  elementary or secondary
 4        students lies within 100 feet of any  ingress  or  egress
 5        ramp  that  is  used  or  that  has  been used by traffic
 6        exiting or entering any toll highway operated by the Toll
 7        Highway  Authority,  the  Toll  Highway  Authority  shall
 8        acquire the building, together with any  property  owned,
 9        leased,  or utilized adjacent to it and pertaining to its
10        educational operations, from  the  school  district  that
11        owns  or  operates  it,  for  just  compensation.   "Just
12        compensation"  for  purposes of this subsection (d) means
13        the  replacement  cost  of  the  building  and   adjacent
14        property  so  that  the students educated in the building
15        have  the  opportunity  to  be  educated   according   to
16        standards prevailing in the State of Illinois.
17    (Source: P.A. 89-297, eff. 8-11-95.)
18        (605 ILCS 10/9.5 new)
19        Sec.  9.5.  Acquisition  by  purchase or by condemnation.
20    The Authority is authorized to  acquire  by  purchase  or  by
21    condemnation,  in the manner provided for the exercise of the
22    power of eminent domain under Article  VII  of  the  Code  of
23    Civil  Procedure,  any  and all lands, buildings, and grounds
24    necessary or convenient  for  its  authorized  purpose.   The
25    Authority  shall  comply  with the federal Uniform Relocation
26    Assistance and Real Property Acquisition Policies Act, Public
27    Law 91-646, as amended, and the implementing  regulations  in
28    49  CFR  Part  24  and  is authorized to operate a relocation
29    program and to pay relocation costs. If there is  a  conflict
30    between the provisions of this amendatory Act of 1998 and the
31    provisions  of  the  federal law or regulations, however, the
32    provisions of this amendatory Act of 1998 shall control.  The
33    Authority  is authorized to exceed the maximum payment limits
34    of  the  federal  Uniform  Relocation  Assistance  and   Real
HB2652 Enrolled             -6-                LRB9010056WHmg
 1    Property  Acquisition  Policies  Act when necessary to ensure
 2    the provision of decent, safe, or  sanitary  housing,  or  to
 3    secure  a  suitable  relocation  site.  The Authority may not
 4    adopt rules to  implement  the  federal  law  or  regulations
 5    referenced  in  this Section unless those rules have received
 6    the prior approval of the Joint Committee  on  Administrative
 7    Rules.
 8        (605 ILCS 10/9.10 new)
 9        Sec. 9.10.  Acquisition of property.
10        (a)  Prior   to   the  initiation  of  negotiations,  the
11    Authority shall establish an amount that it believes is  just
12    compensation  for the property.  The amount shall not be less
13    than the appraisal of the fair market value of the  property.
14    Promptly thereafter, the Authority shall make a written offer
15    to  the  owner  to  acquire  the property for the full amount
16    believed to be just compensation.   Along  with  the  initial
17    written  purchase  offer,  the owner shall be given a written
18    statement of the basis  for  the  offer.  For  owner-occupied
19    dwellings,  upon  the  owner's  request,  the Authority shall
20    exchange its approved appraisal with  the  owner's  appraisal
21    obtained   from   a   State-certified   general  real  estate
22    appraiser.
23        (b)  The Authority shall make every reasonable effort  to
24    contact  the  owner or the owner's representative and discuss
25    its offer to purchase the property.  The owner shall be given
26    every  reasonable  opportunity  to  consider  the  offer  and
27    present material that  the  owner  believes  is  relevant  to
28    determining the value of the property, including an appraisal
29    obtained  by  the  owner  from a State-certified general real
30    estate  appraiser,  and  to  suggest  modifications  in   the
31    proposed   terms  and  conditions  of  the  purchase.     The
32    Authority shall pay for the cost of the owner's appraisal for
33    an owner-occupied dwelling.
HB2652 Enrolled             -7-                LRB9010056WHmg
 1        (c) To  the  extent  permitted  by  applicable  law,  the
 2    appraiser  shall  disregard  any  decrease or increase in the
 3    fair market value of the real property caused by the  project
 4    for  which  the  property is to be acquired, or caused by the
 5    likelihood that  the  property  would  be  acquired  for  the
 6    project, other than that due to the physical deterioration of
 7    the  property  that  was within the reasonable control of the
 8    owner.   If  comparable  sales  of  similar  properties   are
 9    factored  into the amount of just compensation offered by the
10    Authority, those comparable sales must have been with respect
11    to property located outside the protected corridor.
12        (d)  When  the  Authority  acquires   an   owner-occupied
13    dwelling  the Authority shall reimburse the property owner up
14    to $500 for reasonable attorney's fees actually  incurred  by
15    the  property  owner  related to closing costs in conjunction
16    with the property owner's purchase of a replacement dwelling.
17        (605 ILCS 10/9.15 new)
18        Sec. 9.15.  Owner retention of certain items.  The  owner
19    of  property  to  be acquired by the Authority shall have the
20    right to retain ownership of a dwelling's cabinets, moldings,
21    and fixtures.  If the Authority acquires  the  dwelling,  the
22    property owner may remove cabinets, moldings, and fixtures if
23    stipulated in the agreement to purchase the property.
24        (605 ILCS 10/9.20 new)
25        Sec.  9.20.  Condemnation proceeding expenses.  The owner
26    of  property  to  be  acquired  by  the  Authority  shall  be
27    reimbursed for any reasonable expenses, including  reasonable
28    attorney,  appraisal,  and  engineering  fees, that the owner
29    actually incurred because of a condemnation proceeding if:
30             (1)  the final judgement of the court  is  that  the
31        Authority cannot acquire the property by condemnation; or
32             (2)  the condemnation proceeding is abandoned by the
HB2652 Enrolled             -8-                LRB9010056WHmg
 1        Authority other than under an agreed-upon settlement.
 2        (605 ILCS 10/9.25 new)
 3        Sec.  9.25.  Comparable  replacement dwelling; additional
 4    or supplemental housing payment.   Whenever  the  cost  of  a
 5    comparable  replacement  dwelling  is  greater  than what the
 6    Authority  paid  the  property  owner,  the  Authority  shall
 7    provide additional  or  supplemental  housing  payments.   No
 8    person  shall  be  required  to  move  from a dwelling unless
 9    comparable replacement housing is available  to  the  person.
10    The total of additional or supplemental housing payments to a
11    property owner under this Section shall not exceed $25,000.
12        (605 ILCS 10/9.30 new)
13        Sec.  9.30. Moving Expenses and Direct Losses of Personal
14    Property Caused by Displacement.  The Authority is authorized
15    to pay, as part of the cost of construction of any project on
16    a toll highway,  to  any  person  displaced  by  the  highway
17    project  (1)  actual reasonable expenses in moving himself or
18    herself, his or her family, and his  or  her  business,  farm
19    operation,  or  other  personal  property;  (2) actual direct
20    losses of tangible personal property as a result of moving or
21    discontinuing a business or farm operation but not to  exceed
22    an  amount  equal  to the reasonable expenses that would have
23    been required to relocate the property, as determined by  the
24    Authority;  (3) actual reasonable expenses in searching for a
25    replacement business  or  farm;  and  (4)  actual  reasonable
26    expenses necessary to reestablish a displaced farm, nonprofit
27    organization,  or  small business at its new site, but not to
28    exceed $10,000.
29        (605 ILCS 10/9.35 new)
30        Sec. 9.35. Expense and Dislocation Allowance. In lieu  of
31    the  payments  authorized  to  be  paid  under  this Act, the
HB2652 Enrolled             -9-                LRB9010056WHmg
 1    Authority may pay any person displaced from a  dwelling,  who
 2    elects  to  accept  the  payment,  an expense and dislocation
 3    allowance which shall be determined according to  a  schedule
 4    established by the Authority.
 5        (605 ILCS 10/9.40 new)
 6        Sec.  9.40.  Relocation Payments. In lieu of the payments
 7    authorized to be paid under this Act, the Authority  may  pay
 8    any  person  who moves or discontinues his or her business or
 9    farm operation, who elects to accept  the  payment,  a  fixed
10    relocation  payment  in an amount equal to the average annual
11    net earnings of the business or the  farm  operation,  except
12    that  the payment shall be not less than $1,000 nor more than
13    $20,000.
14        (605 ILCS 10/9.45 new)
15        Sec. 9.45. Additional Payments for Dwelling and Rental of
16    Dwelling.
17        (a) In addition to the  amounts  authorized  to  be  paid
18    under this Act by the Authority, the Authority may, as a part
19    of  the  cost  of  construction, make a payment not to exceed
20    $25,000 to any displaced  person  who  is  displaced  from  a
21    dwelling  acquired  for a toll highway project actually owned
22    and occupied by the displaced person for not  less  than  180
23    days   before   the   initiation   of  negotiations  for  the
24    acquisition of the property.  The payment shall  include  the
25    following elements:
26             (1)  The  amount,  if  any, which, when added to the
27        acquisition cost of  the  dwelling  acquired  equals  the
28        reasonable  cost  of  a  comparable  replacement dwelling
29        determined in accordance with  standards  established  by
30        the Authority to be a decent, safe, and sanitary dwelling
31        adequate  to accommodate the displaced person, reasonably
32        accessible to public services and places  of  employment,
HB2652 Enrolled             -10-               LRB9010056WHmg
 1        and available on the private market.
 2             (2)  The  amount,  if any, which will compensate the
 3        displaced person for any increased interest  costs  which
 4        the   person   is  required  to  pay  for  financing  the
 5        acquisition of any such comparable replacement  dwelling.
 6        The amount shall be paid only if the dwelling acquired by
 7        the  Authority  was  encumbered  by  a bona fide mortgage
 8        which was a valid lien on the dwelling for not less  than
 9        180  days  before  the initiation of negotiations for the
10        acquisition of the dwelling.
11             (3)  Reasonable expenses incurred by  the  displaced
12        person  for  evidence of title, recording fees, and other
13        closing costs incident to the purchase of the replacement
14        dwelling, but not including prepaid expenses.
15        (b) The additional payment  authorized  under  subsection
16    (a)  shall  not  exceed  $25,000  and shall be made only to a
17    displaced person who purchases  and  occupies  a  replacement
18    dwelling   that   meets  the  standards  established  by  the
19    Authority to be decent, safe and sanitary, not later than the
20    end of the one year period beginning on the date on which  he
21    or she receives from the Authority final payment of all costs
22    of  the  acquired dwelling, or on the date on which he or she
23    moves from the dwelling acquired  for  the  highway  project,
24    whichever is the later date.
25        (c)  Any  displaced person who is not eligible to receive
26    payment under subsection (a) and who is  displaced  from  any
27    dwelling  which  was  actually  and  lawfully occupied by the
28    displaced person  for  not  less  than  90  days  before  the
29    initiation  of  negotiations for acquisition of the dwelling,
30    may be paid by the Authority either (1) an  amount  necessary
31    to enable the displaced person to lease or rent, for a period
32    not  to  exceed  42  months,  a  decent,  safe,  and sanitary
33    dwelling of standards adequate to accommodate the  person  in
34    areas  not  generally  less  desirable  in  regard  to public
HB2652 Enrolled             -11-               LRB9010056WHmg
 1    utilities and public and commercial facilities and reasonably
 2    accessible to his or her place  of  employment,  but  not  to
 3    exceed  the  sum  of  $5,250,  or (2) the amount necessary to
 4    enable  the  person  to  make  a  down   payment,   including
 5    incidental  expenses described in item (1) of this subsection
 6    (c), on the purchase of a decent, safe, and sanitary dwelling
 7    of standards adequate to accommodate the person in areas  not
 8    generally  less  desirable  in regard to public utilities and
 9    public and commercial  facilities,  but  not  to  exceed  the
10    amount  payable under item (1) of this subsection (c), except
11    that in the case of a homeowner who owned  and  occupied  the
12    displaced dwelling for at least 90 days but not more than 180
13    days  immediately  before the initiating of negotiations, the
14    down payment shall not exceed the amount payable  under  this
15    Act  for  persons who owned and occupied the property for 180
16    days before the initiation of negotiations.
17        (d) If comparable replacement sale or rental  housing  is
18    not  available  within  the  limitations of this Section, the
19    Authority may  make  a  payment  in  excess  of  the  maximum
20    payments  authorized  by  this Section as required to provide
21    replacement housing.
22        (605 ILCS 10/9.50 new)
23        Sec.  9.50.  Reimbursement  for  Certain   Expenses   and
24    Mortgage Penalty. In addition to the other amounts authorized
25    to  be  paid  under this Act, the Authority may reimburse the
26    owner of real property acquired for a  toll  highway  project
27    the  reasonable  and  necessary  expenses  incurred  for  (1)
28    recording   fees,   transfer   taxes,  and  similar  expenses
29    incidental to conveying the real property;  and  (2)  penalty
30    costs  for  prepayment of any pre-existing recorded mortgages
31    entered into in good faith encumbering the real property.
32        (605 ILCS 10/9.60 new)
HB2652 Enrolled             -12-               LRB9010056WHmg
 1        Sec. 9.60. Construction in Relation  to  Eminent  Domain.
 2    Nothing  contained  in this amendatory Act of 1998 creates in
 3    any proceedings brought under the power of eminent domain any
 4    element of damages not in existence on the effective date  of
 5    this amendatory Act of 1998.
 6        (605 ILCS 10/11) (from Ch. 121, par. 100-11)
 7        Sec. 11. The Authority shall have power:
 8        (a)  To  enter  upon  lands,  waters  and premises in the
 9    State for the purpose of making surveys, soundings, drillings
10    and examinations as may be necessary, expedient or convenient
11    for the purposes of this Act, and such  entry  shall  not  be
12    deemed  to be a trespass, nor shall an entry for such purpose
13    be deemed an entry under any condemnation  proceedings  which
14    may  be  then  pending; provided, however, that the Authority
15    shall make reimbursement for any actual damage  resulting  to
16    such  lands,  waters  and  premises  as  the  result  of such
17    activities.
18        (b)  To construct, maintain and operate stations for  the
19    collection  of  tolls  or  charges  upon  and  along any toll
20    highways.
21        (c)  To provide for the collection of tolls  and  charges
22    for  the privilege of using the said toll highways. Before it
23    adopts an increase in the rates for toll, the Authority shall
24    hold a public hearing at which any person may appear, express
25    opinions, suggestions, or  objections,  or  direct  inquiries
26    relating  to the proposed increase.   Any person may submit a
27    written statement to the Authority at  the  hearing,  whether
28    appearing in person or not.  The hearing shall be held in the
29    county in which the proposed increase of the rates is to take
30    place.   The  Authority  shall  give notice of the hearing by
31    advertisement on 3 successive days at least 15 days prior  to
32    the  date  of  the  hearing  in  a daily newspaper of general
33    circulation within the county within  which  the  hearing  is
HB2652 Enrolled             -13-               LRB9010056WHmg
 1    held.    The  notice shall state the date, time, and place of
 2    the hearing, shall contain  a  description  of  the  proposed
 3    increase, and shall specify how interested persons may obtain
 4    copies   of   any   reports,   resolutions,  or  certificates
 5    describing  the  basis  on   which   the   proposed   change,
 6    alteration,    or   modification   was   calculated.    After
 7    consideration of  any  statements  filed  or  oral  opinions,
 8    suggestions,  objections,  or  inquiries made at the hearing,
 9    the Authority may proceed to adopt the proposed  increase  of
10    the  rates  for  toll.   No  Any  change or, alteration in or
11    modification of the rates for toll  shall  not  be  effective
12    unless   at  least  30  days  prior  to  the  effective  date
13    establishment of such rates notice thereof shall be given  to
14    the   public   by  publication  in  a  newspaper  of  general
15    circulation, and such notice, or notices,  thereof  shall  be
16    posted  and publicly displayed at each and every toll station
17    upon or along said toll highways.
18        (d)  To construct, at the Authority's  discretion,  grade
19    separations  at  intersections with any railroads, waterways,
20    street railways,  streets,  thoroughfares,  public  roads  or
21    highways intersected by the said toll highways, and to change
22    and  adjust the lines and grades thereof so as to accommodate
23    the same to the  design  of  such  grade  separation  and  to
24    construct   interchange   improvements.   The   Authority  is
25    authorized to provide such grade separations  or  interchange
26    improvements  at  its  own cost or to enter into contracts or
27    agreements with reference to division of cost  therefor  with
28    any  municipality  or  political  subdivision of the State of
29    Illinois, or with  the  Federal  Government,  or  any  agency
30    thereof, or with any corporation, individual, firm, person or
31    association.  Where  such  structures  have been built by the
32    Authority and a local highway agency did not  enter  into  an
33    agreement  to  the contrary, the Authority shall maintain the
34    entire  structure,  including  the  road  surface,   at   the
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 1    Authority's expense.
 2        (e)  To  contract  with and grant concessions to or lease
 3    or license to any person, partnership, firm,  association  or
 4    corporation  so  desiring  the  use  of  any part of any toll
 5    highways, excluding the paved portion thereof, but  including
 6    the right of way adjoining, under, or over said paved portion
 7    for  the  placing  of  telephone,  telegraph, electric, power
 8    lines and other utilities, and for the placing of pipe lines,
 9    and to enter into operating agreements with  or  to  contract
10    with  and  grant  concessions  to  or to lease to any person,
11    partnership, firm, association or corporation so desiring the
12    use of any part of the toll  highways,  excluding  the  paved
13    portion thereof, but including the right of way adjoining, or
14    over  said  paved portion for motor fuel service stations and
15    facilities, garages, stores and restaurants, or for any other
16    lawful purpose, and to  fix  the  terms,  conditions,  rents,
17    rates and charges for such use.
18        The   Authority   shall  also  have  power  to  establish
19    reasonable regulations for  the  installation,  construction,
20    maintenance,  repair,  renewal,  relocation  and  removal  of
21    pipes,  mains,  conduits,  cables,  wires,  towers, poles and
22    other  equipment  and  appliances   (herein   called   public
23    utilities)  of  any  public  utility as defined in the Public
24    Utilities Act along, over or under  any  toll  road  project.
25    Whenever  the  Authority shall determine that it is necessary
26    that any such public utility facilities which now are located
27    in, on, along, over or  under  any  project  or  projects  be
28    relocated  or  removed  entirely  from  any  such  project or
29    projects,  the  public  utility  owning  or  operating   such
30    facilities  shall  relocate  or remove the same in accordance
31    with the order of the Authority. All costs  and  expenses  of
32    such  relocation or removal, including the cost of installing
33    such facilities in a new location or locations, and the  cost
34    of  any  land  or  lands,  or  interest in land, or any other
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 1    rights required to  accomplish  such  relocation  or  removal
 2    shall  be  ascertained and paid by the Authority as a part of
 3    the cost of any such project or projects, and further,  there
 4    shall  be  no  rent,  fee or other charge of any kind imposed
 5    upon the public utility owning or  operating  any  facilities
 6    ordered relocated on the properties of the said Authority and
 7    the  said  Authority  shall  grant to the said public utility
 8    owning or operating said facilities and  its  successors  and
 9    assigns  the right to operate the same in the new location or
10    locations for as long a period and upon the  same  terms  and
11    conditions  as  it had the right to maintain and operate such
12    facilities in their former location or locations.
13    (Source: P.A. 86-1164.)
14        (605 ILCS 10/14) (from Ch. 121, par. 100-14)
15        Sec.  14.  (a)  The  Authority  shall,   prior   to   the
16    commencement  of any engineering and traffic study or studies
17    to determine the feasibility of constructing additional  toll
18    highways within the State of Illinois, submit to the Governor
19    for   his  approval,  the  route,  or  routes,  proposed  for
20    additional toll highways together with  an  estimate  of  the
21    cost  of the proposed study or studies. If the Governor shall
22    approve such proposed study or studies and the estimated cost
23    thereof, or shall fail to disapprove such proposed  study  or
24    studies  and  estimate  of cost thereof, within 30 days after
25    receipt thereof, the Authority may, thereupon,  proceed  with
26    such study or studies.
27        (b)  The   Authority   shall   create  a  local  advisory
28    committee of members from each county in which any portion of
29    an additional toll highway is  proposed  to  be  constructed.
30    The  committee  members  shall  be designated by township and
31    municipal governing bodies in proportion to the percentage of
32    corridor property situated within the unincorporated area  of
33    a  township  and  incorporated  municipalities located in the
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 1    same township.  No less than  50%  of  the  members  of  this
 2    committee  shall  be  representatives  of  organized  citizen
 3    groups  directly  affected  by  the  proposed  corridor.  All
 4    meetings shall be held in compliance with the  Open  Meetings
 5    Act.    The committee shall consider and advise the Authority
 6    with respect to the impact on property owners, land use,  and
 7    other impacts of the proposed highway.
 8    (Source: Laws 1967, p. 2748.)
 9        Section 99.  This Act takes effect upon becoming law.

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