093_HB0725ham001
LRB093 05834 LCB 14228 a
1 AMENDMENT TO HOUSE BILL 725
2 AMENDMENT NO. . Amend House Bill 725 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Illinois Highway Code is amended by
5 adding Section 6-401.5 as follows:
6 (605 ILCS 5/6-401.5 new)
7 Sec. 6-401.5. Adjoining property owners; unauthorized
8 encroachments.
9 (a) Except as provided in Section 9-118, no property
10 owner, occupant, manager, or person in actual control of real
11 property adjoining a road, highway, or right-of-way within
12 the jurisdiction of the highway authority, without the
13 written consent of the highway authority, may:
14 (1) plant or maintain any planting or growth of any
15 kind within the right-of-way that either exceeds 12
16 inches in height or creates any hazard or danger to the
17 safety of those using the public road or highway;
18 (2) permit any planting or growth on or within the
19 property adjoining the road, highway, or right-of-way to
20 overhang or extend into the road, highway, or
21 right-of-way so as to create any hazard or danger to
22 those using the public road or highway; or
-2- LRB093 05834 LCB 14228 a
1 (3) construct, place, or maintain any rocks,
2 boulders, fences, or other physical structures within the
3 right-of-way.
4 (b) If the highway authority believes that a property
5 owner, occupant, manager, or person in actual control of
6 adjoining property is in violation of any of the provisions
7 set forth in subsection (a) of this Section, the highway
8 authority shall give the person or persons written notice
9 specifying the nature of the violations, the corrective
10 action that must be taken, and a reasonable time of not less
11 than 7 days to complete the corrective action. This notice
12 may be given by regular mail with proof of mailing,
13 registered or certified mail, or by personal delivery.
14 (c) If corrective action is not completed with the time
15 specified in the notice, or any agreed extensions, the
16 highway authority may:
17 (1) with respect to the road, highway, or
18 right-of-way, take whatever corrective action is
19 necessary to cure any violations. The person or persons
20 to whom notice to correct was given pursuant to
21 subsection (b) of this Section shall be jointly and
22 severally liable for all costs and expenses incurred by
23 the highway authority for the corrective action, plus
24 interest, costs, and reasonable attorney's fees; or
25 (2) seek injunctive relief compelling the person or
26 persons to whom notice was given to take corrective
27 action. If the highway authority is the prevailing party
28 in any such action, the highway authority shall also be
29 entitled to recover its costs and reasonable attorney's
30 fees.".