Full Text of HB5205 102nd General Assembly
HB5205enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning property.
| 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. (a) Except as provided in paragraphs (c)
and | 8 | | (d) of this Section, and
subject to the written approval of the | 9 | | Governor and, if required by federal law or regulation, the | 10 | | Federal Highway Administration , the Department may dispose
of, | 11 | | by public sale, at auction or by sealed bids, any land, | 12 | | dedications, easements, access rights, or any interest in the | 13 | | real estate that it holds, rights or other
properties, real or | 14 | | personal, acquired for but no longer needed for highway
| 15 | | purposes or remnants acquired under the provisions of Section | 16 | | 4-501 . Such ,
provided that no such sale may be made at for | 17 | | less than the fair market appraised
value of such land, | 18 | | rights, or property , as determined by the Department. The fair | 19 | | market value of the land, rights, or property may be based on | 20 | | one or more appraisals completed by a qualified appraiser | 21 | | approved by the Department or a valuation waiver prepared by | 22 | | the Department. A sale below the fair market value, as | 23 | | established by this Section, shall be justified, in writing, |
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| 1 | | by Department staff, which shall include consideration of all | 2 | | relevant information, including, but not limited to, findings | 3 | | regarding the best interests of the Department, other public | 4 | | benefits such as divestment of liabilities, or changed | 5 | | circumstances. The Department shall develop a policy to assign | 6 | | a monetary value of all such considerations in valuation | 7 | | determinations. An appraisal may be paid for by any interested | 8 | | party. The form of the conveyance or release shall be in a form | 9 | | approved by the Department .
| 10 | | (b) Except as provided in paragraphs (c) and (d) of
this | 11 | | Section, and subject to
the written approval of the Governor, | 12 | | the Department may exchange any land,
rights or property no | 13 | | longer needed for highway purposes or remnants
acquired under | 14 | | the provisions of Section 4-501 of this Code for equivalent
| 15 | | interests in land, rights or property needed for highway | 16 | | purposes. Where
such interests are not of equivalent value | 17 | | cash may be paid or received for
the difference in value.
| 18 | | (c) If at the time any property previously determined by | 19 | | the
Department to be needed for highway purposes is declared | 20 | | excess and no longer needed
for the Department's such | 21 | | purposes, and before making the property available for public | 22 | | sale as provided in subsection (a), the Department shall offer | 23 | | that real property as follows: | 24 | | (1) To the person from whom such real property was | 25 | | acquired that
still owns and has continuously owned land | 26 | | adjacent to or abutting such real property since
the |
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| 1 | | acquisition
by the Department, the Department before | 2 | | making any disposition of that
property shall first offer | 3 | | the property, in writing , for the fair market that | 4 | | property to the person from
whom such property was | 5 | | acquired at the current appraised value of
the property. | 6 | | If the Department's offer to such a person is accepted ,
in | 7 | | writing , within 60 days of the date of the written offer, | 8 | | the Department,
subject to the written approval of the | 9 | | Governor, is authorized to dispose
of such property to | 10 | | that person the person from whom such property was | 11 | | acquired upon
payment of the appraised value . If the
offer | 12 | | is not accepted , in writing , within 60 days of the date of | 13 | | the written
offer, all rights under this paragraph shall | 14 | | terminate.
| 15 | | (2) If the option in paragraph (1) does not exist or an | 16 | | offer is made and not accepted, or a sale otherwise is not | 17 | | consummated, the Department shall offer, in writing, at | 18 | | the value determined by the Department, the real property | 19 | | declared excess to the local municipality in which the | 20 | | property is situated and located, or, if the property is | 21 | | situated and located in an unincorporated area, to the | 22 | | county and township, if applicable, in which the property | 23 | | is situated and located. If a letter of intent to accept | 24 | | the offer is received by the Department, in writing, | 25 | | within 15 days of the date of the offer, the local | 26 | | governmental entity shall have 45 days from the date on |
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| 1 | | the offer to accept the offer formally by resolution of | 2 | | its governing body. If the offer is formally accepted | 3 | | within 45 days of the date of the written offer, the | 4 | | Department, subject to the written approval of the | 5 | | Governor, is authorized to convey the property to the | 6 | | governing body upon payment of the value stated in the | 7 | | offer and may include a reversion for failure to continue | 8 | | public ownership and use if conveyed for less than fair | 9 | | market value. If a timely letter of intent to accept and a | 10 | | formal acceptance is received from a county and a | 11 | | township, the county shall be given priority. If a letter | 12 | | of intent is not received within 15 days of the offer, all | 13 | | rights under this paragraph shall terminate. If the letter | 14 | | of intent is received within the 15 days, but the formal | 15 | | acceptance is not received within 45 days of the date of | 16 | | the written offer, all rights under this paragraph shall | 17 | | terminate. If the unit of local government does not tender | 18 | | the funds in the full amount of the accepted offer within | 19 | | 90 days of the date of the offer, all rights under this | 20 | | paragraph shall terminate. If a county fails to tender the | 21 | | funds in the full amount of the written accepted offer and | 22 | | a township tenders the full amount of a timely accepted | 23 | | offer within 15 days of the county's failure to timely | 24 | | tender, the Department shall sell the land, rights, or | 25 | | property to the township. The Department shall have the | 26 | | right to revoke, in writing, any offer made under this |
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| 1 | | paragraph at any time before the funds in the full amount | 2 | | of the offer are tendered to the Department. | 3 | | (3) If the option in paragraph (1) or (2) does not | 4 | | exist or a sale is not otherwise consummated, the | 5 | | Department shall offer, in writing, at fair market value, | 6 | | the real property declared excess to an adjacent or | 7 | | abutting property owner if the property owner is the only | 8 | | reasonable party as determined by the Department. If the | 9 | | Department's offer is accepted by the property owner, in | 10 | | writing, within 60 days of the date of the written offer, | 11 | | the Department, subject to the written approval of the | 12 | | Governor, is authorized to convey the property to the | 13 | | property owner upon payment of the fair market value. If | 14 | | the offer is not accepted, in writing, within 60 days of | 15 | | the date of the written offer, all rights under this | 16 | | paragraph shall terminate. | 17 | | (d) If the Department enters into or currently has a | 18 | | written contract with
another highway authority for the | 19 | | transfer of jurisdiction of any highway or
portion thereof, | 20 | | the Department is authorized
to convey, subject to the written | 21 | | approval of the Governor, without compensation, any land, | 22 | | dedications, easements,
access rights, or any interest in the | 23 | | real estate that it holds to that
specific highway or portion | 24 | | thereof to the highway authority that is accepting
or has | 25 | | accepted jurisdiction. However, no part of the transferred | 26 | | property can
be vacated or disposed of without the approval of |
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| 1 | | the Department, which may
require compensation for non-public | 2 | | use.
| 3 | | (e) Except as provided in paragraph (c) of this Section, | 4 | | if
the Department obtains or obtained fee simple title to, or | 5 | | any
lesser interest, in any land, right, or other property and | 6 | | must comply with
subdivision (f)(3) of Section 6 of Title I of
| 7 | | the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460 | 8 | | l-8(f)(3)),
the Historic Bridge Program established under | 9 | | Title 23,
United States Code, Section 144, subsection (o) (23 | 10 | | U.S.C. 144(o)),
the National Historic Preservation Act (16 | 11 | | U.S.C. Sec. 470), the Interagency
Wetland Policy Act of 1989, | 12 | | or
the Illinois State Agency Historic Resources Preservation | 13 | | Act,
the Department, subject to the written approval of the | 14 | | Governor and concurrence
of the grantee, is
authorized to | 15 | | convey the title or interest in the land, right, or other
| 16 | | property to another governmental agency,
or a not-for-profit | 17 | | organization that will
use the property for purposes | 18 | | consistent
with the appropriate law.
| 19 | | The Department may retain rights to protect the public | 20 | | interest.
| 21 | | (Source: P.A. 95-331, eff. 8-21-07.)
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