Full Text of HB5739 97th General Assembly
HB5739 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5739 Introduced 2/16/2012, by Rep. Brandon W. Phelps SYNOPSIS AS INTRODUCED: |
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605 ILCS 5/4-505 | from Ch. 121, par. 4-505 |
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Amends the Illinois Highway Code. Provides that the Department of Transportation may relocate setbacks associated with railroad lines or tracks or facilities of a public utility. Provides that the Department may exercise its eminent domain powers to acquire all property interests necessary to ensure proper vegetation maintenance around public utility facilities.
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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 changing | 5 | | Section 4-505 as follows:
| 6 | | (605 ILCS 5/4-505) (from Ch. 121, par. 4-505)
| 7 | | Sec. 4-505.
In addition to whatever powers the Department | 8 | | may by law now
possess, whenever it is necessary as an incident | 9 | | to the construction of a
new State highway or the relocation, | 10 | | reconstruction, extension, widening,
straightening, | 11 | | alteration, repair, maintenance or improvement of an
existing | 12 | | State highway (including extensions of a new or existing State
| 13 | | highway through or into a municipality upon a new or existing | 14 | | street) that
the line or tracks of a railroad or railway | 15 | | company or the wires, poles,
pipes or other facilities of a | 16 | | public utility, or associated setbacks, which are not then | 17 | | located
in or upon a public street or highway, be relocated, | 18 | | and the Department and
such company or public utility have | 19 | | entered into an agreement, approved by
the Illinois Commerce | 20 | | Commission, concerning such relocation, the
Department is | 21 | | authorized to purchase, or to acquire through the exercise of
| 22 | | the right of eminent domain under the eminent domain law of the | 23 | | State, such
easements, rights, lands or other property as may |
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| 1 | | be necessary for the
relocation of said railroad or railway | 2 | | line or tracks or other public
utility facilities , including | 3 | | all property interests necessary to ensure proper vegetation | 4 | | maintenance around public utility facilities .
| 5 | | The Department is authorized to convey such easements, | 6 | | rights, lands or
other property it has so purchased or acquired | 7 | | for said relocation of the
said railroad, railway company or | 8 | | other public utility by deed executed by
the Director of the | 9 | | Department.
| 10 | | (Source: Laws 1965, p. 428.)
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