Full Text of HB4340 93rd General Assembly
HB4340 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4340
Introduced 02/02/04, by Kathleen A. Ryg SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Highway Code. Sets limits on the rights of the owners of property adjoining a road, highway, or right-of-way under the jurisdiction of a highway authority. Establishes procedures for the highway authority to follow if a property owner violates these limitations. Authorizes the highway authority to take action to correct the violations or to seek injunctive relief if necessary.
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A BILL FOR
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HB4340 |
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LRB093 18269 DRH 43971 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Highway Code is amended by adding | 5 |
| Section 6-401.5
as
follows:
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| (605 ILCS 5/6-401.5 new)
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| Sec. 6-401.5. Adjoining property owners; unauthorized | 8 |
| encroachments.
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| (a) Except as provided in Section 9-118, no property owner, | 10 |
| occupant,
manager, or person in actual control of real property | 11 |
| adjoining a road,
highway, or right-of-way within the | 12 |
| jurisdiction of the highway authority,
without the written
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| consent of the
highway authority, may:
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| (1) plant or maintain any planting or growth of any | 15 |
| kind within the
right-of-way that either exceeds 12 inches | 16 |
| in height or creates any hazard or
danger to the
safety of | 17 |
| those using the public road or highway;
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| (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 right-of-way | 21 |
| so as to create any hazard or danger to those using
the | 22 |
| public
road or highway; or
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| (3) construct, place, or maintain any rocks, boulders, | 24 |
| fences, or
other physical structures within the | 25 |
| right-of-way.
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| (b) If the highway authority believes that a property | 27 |
| owner, occupant,
manager, or person in actual control of | 28 |
| adjoining property is in violation of
any of the
provisions set | 29 |
| forth in subsection (a) of this Section, the highway authority
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| shall give the
person or persons written notice specifying the | 31 |
| nature of the violations, the
corrective
action that must be | 32 |
| taken, and a reasonable time of not less than 7 days to
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HB4340 |
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LRB093 18269 DRH 43971 b |
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| complete the
corrective action. This notice may be given after | 2 |
| the notice of a violation has been received by registered or | 3 |
| certified mail or by personal delivery.
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| (c) If corrective action is not completed with the time | 5 |
| specified in the
notice, or any agreed extensions, the highway | 6 |
| authority may:
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| (1) with respect to the road, highway, or right-of-way, | 8 |
| take
whatever corrective action is necessary to cure any | 9 |
| violations. The person or
persons to
whom notice to correct | 10 |
| was given pursuant to subsection (b) of this Section
shall | 11 |
| be
jointly and severally liable for all costs and expenses | 12 |
| incurred by the highway
authority
for the corrective | 13 |
| action, plus interest, costs, and reasonable attorney's
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| fees; or
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| (2) seek injunctive relief compelling the person or | 16 |
| persons to
whom notice was given to take corrective action. | 17 |
| If the highway authority is
the
prevailing party in any | 18 |
| such action, the highway authority shall also be
entitled | 19 |
| to recover
its costs and reasonable attorney's fees.
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