Illinois General Assembly - Full Text of HB4717
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Full Text of HB4717  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 1/27/2022, by Rep. Michael Halpin


605 ILCS 5/4-508  from Ch. 121, par. 4-508

    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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1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Highway Code is amended by
5changing 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
9    (a) Except as provided in paragraphs (c) and (d) of this
10Section, and subject to the written approval of the Governor,
11the Department may dispose of, by public sale, at auction or by
12sealed bids, any land, rights, or other properties, real or
13personal, acquired for but no longer needed for highway
14purposes or remnants acquired under the provisions of Section
154-501, provided that no such sale may be made for less than the
16fair appraised value of such land, rights, or property.
17    (b) Except as provided in paragraphs (c) and (d) of this
18Section, and subject to the written approval of the Governor,
19the Department may exchange any land, rights, or property no
20longer needed for highway purposes or remnants acquired under
21the provisions of Section 4-501 of this Code for equivalent
22interests in land, rights, or property needed for highway
23purposes. Where such interests are not of equivalent value



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1cash may be paid or received for the difference in value.
2    (c) If at the time any property previously determined by
3the Department to be needed for highway purposes is declared
4no longer needed for such purposes, and the person from whom
5such property was acquired still owns and has continuously
6owned land abutting such property since the acquisition by the
7Department, the Department before making any disposition of
8that property shall first offer in writing that property to
9the person from whom such property was acquired at the current
10appraised value of the property. If the offer is accepted in
11writing within 60 days of the date of the written offer, the
12Department, subject to the written approval of the Governor,
13is authorized to dispose of such property to the person from
14whom such property was acquired upon payment of the appraised
15value. If the offer is not accepted in writing within 60 days
16of the date of the written offer, all rights under this
17paragraph shall terminate.
18    (c-1) With respect only to property related to the
19Interstate 74 Iowa-Illinois Corridor Project, if the option in
20paragraph (c) does not exist or an offer is made and not
21accepted within 60 days of the date of a written offer, or a
22sale otherwise is not consummated, the Department shall offer,
23in writing, at either the current appraised value or at such
24other value as may be determined by the Department, the real
25property declared excess to the municipality where the
26property is located. If a letter of intent to accept the offer



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1is received by the Department, in writing, within 30 days of
2the date of the offer, the municipality shall have 45 days from
3the date of the offer to accept the offer formally by
4resolution of its corporate authorities. If the offer is
5formally accepted within 45 days of the date of the written
6offer, the Department, subject to the written approval of the
7Governor, is authorized to convey the property to the
8municipality upon payment of the value stated in the offer and
9may include a reversion for failure to continue public
10ownership and use if conveyed for less than the fair market
11value. If a letter of intent is not received within 15 days of
12the offer, the offer shall terminate. If the letter of intent
13is received within 30 days, but the formal acceptance is not
14received within 45 days of the date of the written offer, the
15offer shall terminate. If the municipality does not tender the
16funds in the full amount of the accepted offer within 90 days
17after the date of adoption of the resolution by the
18municipality's corporate authorities accepting the offer, the
19offer shall terminate. The Department has the right to revoke
20in writing any offer made under this subsection at any time
21before the funds in the full amount of the offer are tendered
22to the Department.
23    (d) If the Department enters into or currently has a
24written contract with another highway authority for the
25transfer of jurisdiction of any highway or portion thereof,
26the Department is authorized to convey, without compensation,



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1any land, dedications, easements, access rights, or any
2interest in the real estate that it holds to that specific
3highway or portion thereof to the highway authority that is
4accepting or has accepted jurisdiction. However, no part of
5the transferred property can be vacated or disposed of without
6the approval of the Department, which may require compensation
7for non-public use.
8    (e) Except as provided in paragraph (c) of this Section,
9if the Department obtains or obtained fee simple title to, or
10any lesser interest, in any land, right, or other property and
11must comply with subdivision (f)(3) of Section 6 of Title I of
12the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460
13l-8(f)(3)), the Historic Bridge Program established under
14Title 23, United States Code, Section 144, subsection (o) (23
15U.S.C. 144(o)), the National Historic Preservation Act (16
16U.S.C. Sec. 470), the Interagency Wetland Policy Act of 1989,
17or the Illinois State Agency Historic Resources Preservation
18Act, the Department, subject to the written approval of the
19Governor and concurrence of the grantee, is authorized to
20convey the title or interest in the land, right, or other
21property to another governmental agency, or a not-for-profit
22organization that will use the property for purposes
23consistent with the appropriate law.
24    The Department may retain rights to protect the public
26(Source: P.A. 95-331, eff. 8-21-07.)



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1    Section 99. Effective date. This Act takes effect upon
2becoming law.