Full Text of SB2130 096th General Assembly
SB2130 96TH GENERAL ASSEMBLY
|
|
|
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB2130
Introduced 2/20/2009, by Sen. Chris Lauzen SYNOPSIS AS INTRODUCED: |
|
605 ILCS 5/4-510 |
from Ch. 121, par. 4-510 |
|
Amends the Illinois Highway Code. Establishes procedures and notice requirements for the Department of Transportation to follow before, during, and after a hearing on a proposed protected corridor through which a proposed roadway may be constructed. Effective immediately.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
SB2130 |
|
LRB096 04959 AJT 15025 b |
|
| 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 changing | 5 |
| Section 4-510 as follows:
| 6 |
| (605 ILCS 5/4-510) (from Ch. 121, par. 4-510)
| 7 |
| Sec. 4-510. The Department may establish presently the | 8 |
| approximate
locations and widths of rights of way for future | 9 |
| additions to the State
highway system to inform the public and | 10 |
| prevent costly and conflicting
development of the land | 11 |
| involved.
| 12 |
| The Department shall hold a public hearing whenever | 13 |
| approximate
locations and widths of rights of way for future | 14 |
| highway additions are
to be established. Before the public | 15 |
| hearing for corridor protection, the Department shall prepare | 16 |
| an assessment of current and future traffic needs in the area | 17 |
| of the proposed highway addition and an analysis of the | 18 |
| alternatives for meeting those needs. The hearing shall be held | 19 |
| in or near the county or
counties where the land to be used is | 20 |
| located and notice of the hearing
shall be published in a | 21 |
| newspaper or newspapers of general circulation
in the county or | 22 |
| counties involved. The Department shall notify by registered | 23 |
| mail each property owner affected by the proposed corridor, |
|
|
|
SB2130 |
- 2 - |
LRB096 04959 AJT 15025 b |
|
| 1 |
| informing the owner of the location of the corridor and the | 2 |
| time and place of the hearing. Any interested person or his
| 3 |
| representative may be heard. The Department shall evaluate the | 4 |
| testimony
given at the hearing. The hearing shall include a | 5 |
| period for questions and comments from
interested persons in a | 6 |
| town hall format, before an audience
of those attending. If | 7 |
| modifications are made in the proposed
corridor prior to | 8 |
| recording, the Department shall notify by
registered mail | 9 |
| owners of property affected by the proposed
changes and by | 10 |
| notices published in a newspaper or newspapers of general | 11 |
| circulation in the county or counties affected. Interested | 12 |
| persons shall have at least 30 days to comment on the proposed | 13 |
| revisions, and the Department shall evaluate the comments.
| 14 |
| The Department shall make a survey and prepare a map | 15 |
| showing the
location and approximate widths of the rights of | 16 |
| way needed for
future
additions to the highway system. The map | 17 |
| shall show existing highways in
the area involved and the | 18 |
| property lines and owners of record of all
land that will be | 19 |
| needed for the future additions and all other
pertinent | 20 |
| information. Approval of the map with any changes resulting
| 21 |
| from the hearing shall be indicated in the record of the | 22 |
| hearing , and a
notice of the approval ,
and a copy of the map , | 23 |
| and an environmental impact study shall be filed in the
office | 24 |
| of the recorder for all counties in which the land
needed for | 25 |
| future additions is located.
| 26 |
| Public notice of the approval and filing shall be given in |
|
|
|
SB2130 |
- 3 - |
LRB096 04959 AJT 15025 b |
|
| 1 |
| newspapers
of general circulation in all counties where the | 2 |
| land is located and
shall be served by registered mail within | 3 |
| 60 days thereafter on all
owners of record of the land needed | 4 |
| for future additions.
| 5 |
| The Department may approve changes in the map from time to | 6 |
| time. The
changes shall be filed and notice given in the manner | 7 |
| provided for an
original map.
| 8 |
| After the map is filed and notice thereof given to the | 9 |
| owners of
record of the land needed for future additions, no | 10 |
| one shall incur
development costs or place improvements in, | 11 |
| upon or under the land
involved nor rebuild, alter or add to | 12 |
| any existing structure without
first giving 60 days notice by | 13 |
| registered mail to the Department. This
prohibition shall not | 14 |
| apply to any normal or emergency repairs to
existing | 15 |
| structures. The Department shall have 45 days after receipt of
| 16 |
| that notice to inform the owner of the Department's intention | 17 |
| to acquire
the land involved; after which, it shall have the | 18 |
| additional time of 120
days to acquire such land by purchase or | 19 |
| to initiate action to acquire
said land through the exercise of | 20 |
| the right of eminent domain. When the
right of way is acquired | 21 |
| by the State no damages shall be allowed for
any construction, | 22 |
| alteration or addition in violation of this Section
unless the | 23 |
| Department has failed to acquire the land by purchase or has
| 24 |
| abandoned an eminent domain proceeding initiated pursuant to | 25 |
| the
provisions of this paragraph.
| 26 |
| Any right of way needed for additions to the highway system |
|
|
|
SB2130 |
- 4 - |
LRB096 04959 AJT 15025 b |
|
| 1 |
| may be
acquired at any time by the State or by the county or | 2 |
| municipality in
which it is located. The time of determination | 3 |
| of the value of the
property to be taken under this Section for | 4 |
| additions to the highway
system shall be the date of the actual | 5 |
| taking, if the property is
acquired by purchase, or the date of | 6 |
| the filing of a complaint for
condemnation, if the property is | 7 |
| acquired through the exercise of the
right of eminent domain, | 8 |
| rather than the date when the map of the
proposed right-of-way | 9 |
| was filed of record. The rate of compensation to
be paid for | 10 |
| farm land acquired hereunder by the exercise of the right of
| 11 |
| eminent domain shall be in accordance with Section 4-501 of | 12 |
| this Code.
| 13 |
| Not more than 10 years after a protected corridor is
| 14 |
| established under this Section, and not later than the
| 15 |
| expiration of each succeeding 10 year period, the Department
| 16 |
| shall hold public hearings to discuss the viability and
| 17 |
| feasibility of the protected corridor. The Department shall
| 18 |
| give due consideration to the information obtained at the
| 19 |
| hearing and, if construction of the roadway is no longer
| 20 |
| feasible, shall abolish the protected corridor.
| 21 |
| (Source: P.A. 91-357, eff. 7-29-99.)
| 22 |
| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law.
|
|