Full Text of HB4717 102nd General Assembly
HB4717 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4717 Introduced 1/27/2022, by Rep. Michael Halpin SYNOPSIS AS INTRODUCED: |
| 605 ILCS 5/4-508 | from Ch. 121, par. 4-508 |
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Amends the Illinois Highway Code. Allows, under certain circumstances, the Department of Transportation to sell certain real property related to the Interstate 74 Iowa-Illinois Corridor Project and declared excess. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Highway Code is amended by | 5 | | changing Section 4-508 as follows:
| 6 | | (605 ILCS 5/4-508) (from Ch. 121, par. 4-508)
| 7 | | Sec. 4-508. Sale of land, rights, or other property by | 8 | | Department. | 9 | | (a) Except as provided in paragraphs (c)
and (d) of this | 10 | | Section, and
subject to the written approval of the Governor, | 11 | | the Department may dispose
of, by public sale, at auction or by | 12 | | sealed bids, any land, rights , or other
properties, real or | 13 | | personal, acquired for but no longer needed for highway
| 14 | | purposes or remnants acquired under the provisions of Section | 15 | | 4-501,
provided that no such sale may be made for less than the | 16 | | fair appraised
value of such land, rights, or property.
| 17 | | (b) Except as provided in paragraphs (c) and (d) of
this | 18 | | Section, and subject to
the written approval of the Governor, | 19 | | the Department may exchange any land,
rights , or property no | 20 | | longer needed for highway purposes or remnants
acquired under | 21 | | the provisions of Section 4-501 of this Code for equivalent
| 22 | | interests in land, rights , or property needed for highway | 23 | | purposes. Where
such interests are not of equivalent value |
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| 1 | | cash may be paid or received for
the difference in value.
| 2 | | (c) If at the time any property previously determined by | 3 | | the
Department to be needed for highway purposes is declared | 4 | | no longer needed
for such purposes, and the person from whom | 5 | | such property was acquired
still owns and has continuously | 6 | | owned land abutting such property since
the acquisition
by the | 7 | | Department, the Department before making any disposition of | 8 | | that
property shall first offer in writing that property to | 9 | | the person from
whom such property was acquired at the current | 10 | | appraised value of
the property. If the offer is accepted
in | 11 | | writing within 60 days of the date of the written offer, the | 12 | | Department,
subject to the written approval of the Governor, | 13 | | is authorized to dispose
of such property to the person from | 14 | | whom such property was acquired upon
payment of the appraised | 15 | | value. If the
offer is not accepted in writing within 60 days | 16 | | of the date of the written
offer, all rights under this | 17 | | paragraph shall terminate.
| 18 | | (c-1) With respect only to property related to the | 19 | | Interstate 74 Iowa-Illinois Corridor Project, if the option in | 20 | | paragraph (c) does not exist or an offer is made and not | 21 | | accepted within 60 days of the date of a written offer, or a | 22 | | sale otherwise is not consummated, the Department shall offer, | 23 | | in writing, at either the current appraised value or at such | 24 | | other value as may be determined by the Department, the real | 25 | | property declared excess to the municipality where the | 26 | | property is located. If a letter of intent to accept the offer |
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| 1 | | is received by the Department, in writing, within 30 days of | 2 | | the date of the offer, the municipality shall have 45 days from | 3 | | the date of the offer to accept the offer formally by | 4 | | resolution of its corporate authorities. If the offer is | 5 | | formally accepted within 45 days of the date of the written | 6 | | offer, the Department, subject to the written approval of the | 7 | | Governor, is authorized to convey the property to the | 8 | | municipality upon payment of the value stated in the offer and | 9 | | may include a reversion for failure to continue public | 10 | | ownership and use if conveyed for less than the fair market | 11 | | value. If a letter of intent is not received within 15 days of | 12 | | the offer, the offer shall terminate. If the letter of intent | 13 | | is received within 30 days, but the formal acceptance is not | 14 | | received within 45 days of the date of the written offer, the | 15 | | offer shall terminate. If the municipality does not tender the | 16 | | funds in the full amount of the accepted offer within 90 days | 17 | | after the date of adoption of the resolution by the | 18 | | municipality's corporate authorities accepting the offer, the | 19 | | offer shall terminate. The Department has the right to revoke | 20 | | in writing any offer made under this subsection at any time | 21 | | before the funds in the full amount of the offer are tendered | 22 | | to the Department. | 23 | | (d) If the Department enters into or currently has a | 24 | | written contract with
another highway authority for the | 25 | | transfer of jurisdiction of any highway or
portion thereof, | 26 | | the Department is authorized
to convey, without compensation, |
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| 1 | | any land, dedications, easements,
access rights, or any | 2 | | interest in the real estate that it holds to that
specific | 3 | | highway or portion thereof to the highway authority that is | 4 | | accepting
or has accepted jurisdiction. However, no part of | 5 | | the transferred property can
be vacated or disposed of without | 6 | | the approval of the Department, which may
require compensation | 7 | | for non-public use.
| 8 | | (e) Except as provided in paragraph (c) of this Section, | 9 | | if
the Department obtains or obtained fee simple title to, or | 10 | | any
lesser interest, in any land, right, or other property and | 11 | | must comply with
subdivision (f)(3) of Section 6 of Title I of
| 12 | | the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460 | 13 | | l-8(f)(3)),
the Historic Bridge Program established under | 14 | | Title 23,
United States Code, Section 144, subsection (o) (23 | 15 | | U.S.C. 144(o)),
the National Historic Preservation Act (16 | 16 | | U.S.C. Sec. 470), the Interagency
Wetland Policy Act of 1989, | 17 | | or
the Illinois State Agency Historic Resources Preservation | 18 | | Act,
the Department, subject to the written approval of the | 19 | | Governor and concurrence
of the grantee, is
authorized to | 20 | | convey the title or interest in the land, right, or other
| 21 | | property to another governmental agency,
or a not-for-profit | 22 | | organization that will
use the property for purposes | 23 | | consistent
with the appropriate law.
| 24 | | The Department may retain rights to protect the public | 25 | | interest.
| 26 | | (Source: P.A. 95-331, eff. 8-21-07.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.
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