Full Text of SB0935 98th General Assembly
SB0935 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB0935 Introduced 1/24/2013, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: | | 605 ILCS 10/9 | from Ch. 121, par. 100-9 |
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Amends the Toll Highway Act. Makes a technical change in a
Section concerning powers of the Toll Highway Authority.
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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 Toll Highway Act is amended by changing | 5 | | Section 9 as follows:
| 6 | | (605 ILCS 10/9) (from Ch. 121, par. 100-9)
| 7 | | Sec. 9. The Authority shall have the power:
| 8 | | (a) To prepare, or cause to be prepared detailed plans, | 9 | | specifications
and
and estimates, from time to time, for | 10 | | the construction, relocation, repair,
maintenance and | 11 | | operation of toll highways within and through the State of
| 12 | | Illinois.
| 13 | | (b) To acquire, hold and use real and personal | 14 | | property, including
rights, rights-of-way, franchises, | 15 | | easements and other interests in land as
it may desire, or | 16 | | as may be necessary or convenient for its authorized
| 17 | | purposes by purchase, gift, grant or otherwise, and to take | 18 | | title thereto;
to acquire in the manner that may now or | 19 | | hereafter be provided for by the
law of eminent domain of | 20 | | this State, any real or personal property
(including road | 21 | | building materials and public lands, parks, playgrounds,
| 22 | | reservations, highways or parkways, or parts thereof, or | 23 | | rights therein, of
any person, railroad, public service, |
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| 1 | | public utility, or municipality or
political subdivision) | 2 | | necessary or convenient for its authorized purpose.
Such | 3 | | acquisition of real property, whether by purchase, gift, | 4 | | condemnation
or otherwise, wherever necessary or | 5 | | convenient in the discretion of the
Authority, may include | 6 | | the extension of existing rights and easements of
access, | 7 | | use and crossing held by any person or persons, interests | 8 | | in land
abutting on existing highways, and remnants or | 9 | | remainder property; and such
acquisitions of real property | 10 | | may be free and clear of, and without any
rights or | 11 | | easements of access, use and crossing in favor of any | 12 | | person or
persons including interest in any land adjacent | 13 | | or contiguous to the land
so acquired, provided however, | 14 | | that nothing herein contained shall be
construed to | 15 | | authorize the taking or damaging of any private property | 16 | | for
such purposes by the Authority, without just | 17 | | compensation.
| 18 | | (c) To accept conveyance of fee simple title to, or any | 19 | | lesser interest
in, land, rights or property conveyed by | 20 | | the Department of Transportation
under Section 4-508.1 of | 21 | | the Illinois Highway Code.
| 22 | | (c-1) To establish presently the approximate
locations | 23 | | and widths of rights of way for future additions to the | 24 | | toll
highway system to inform the public and prevent costly | 25 | | and conflicting
development of the land involved.
| 26 | | The Authority shall hold a public hearing
whenever |
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| 1 | | approximate locations and widths of rights of way for | 2 | | future
toll highway additions are to be established. The | 3 | | hearing shall be held
in or near the county or counties in | 4 | | which the land to be used is located
and notice of the | 5 | | hearing shall be published in a newspaper or
newspapers of | 6 | | general circulation in the county or counties involved.
Any | 7 | | interested person or his or her representative may be | 8 | | heard. The
Authority shall evaluate the testimony given at | 9 | | the hearing.
| 10 | | The Authority shall make a survey and prepare a
map | 11 | | showing the location and approximate widths of the rights | 12 | | of way
needed for future additions to the toll highway | 13 | | system. The map shall
show existing highways in the area | 14 | | involved and the property lines and
owners of record of all | 15 | | land that will be needed for the future additions
and all | 16 | | other pertinent information. Approval of the map with any
| 17 | | changes resulting from the hearing shall be indicated in | 18 | | the record of
the hearing and a notice of the approval and | 19 | | a copy of the map shall be
filed in the office of the | 20 | | recorder for all counties in which the land
needed for | 21 | | future additions is located.
| 22 | | Public notice of the approval and filing shall be
given | 23 | | in newspapers of general circulation in all counties in | 24 | | which the
land is located and shall be served by registered | 25 | | mail within 60 days
thereafter on all owners of record of | 26 | | the land needed for future
additions.
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| 1 | | The Authority may approve changes in the map
from time | 2 | | to time. The changes shall be filed and notice given in the
| 3 | | manner provided for an original map.
| 4 | | After the map is filed and notice thereof given to
the | 5 | | owners of record of the land needed for future additions, | 6 | | no person
shall incur development costs or place | 7 | | improvements in, upon, or under
the land involved nor | 8 | | rebuild, alter, or add to any existing structure
without | 9 | | first giving 60 days' notice by registered mail to the | 10 | | Authority.
This prohibition shall not apply to any normal | 11 | | or emergency repairs to
existing structures. The Authority | 12 | | shall have 45 days after receipt of
that notice to inform | 13 | | the owner of the Authority's intention to acquire
the land | 14 | | involved, after which it shall have an additional 120 days | 15 | | to
acquire the land by purchase or to initiate action to | 16 | | acquire the land
through the exercise of the right of | 17 | | eminent domain. When the right of
way is acquired by the | 18 | | Authority, no damages shall be allowed for any
| 19 | | construction, alteration, or addition in violation of this | 20 | | subsection (c-1)
unless
the Authority has failed to acquire | 21 | | the land by purchase or has
abandoned an eminent domain | 22 | | proceeding initiated in accordance with
this subsection | 23 | | (c-1).
| 24 | | Any right of way needed for additions to the toll
| 25 | | highway system may be acquired at any time by the | 26 | | Authority. The
time of determination of the value of the |
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| 1 | | property to be taken under this
Section for additions to | 2 | | the toll highway system shall be the date of the
actual | 3 | | taking, if the property is acquired by purchase, or the | 4 | | date of the
filing of a complaint for condemnation, if the | 5 | | property is acquired
through the exercise of the right of | 6 | | eminent domain, rather than the
date when the map of the | 7 | | proposed right of way was filed of record.
| 8 | | (c-2) Not more than 10 years after a protected corridor | 9 | | is
established under subsection (c-1), and not later than | 10 | | the expiration of
each 10-year period thereafter, the | 11 | | Authority shall hold a public
hearing to discuss the | 12 | | viability and feasibility of the protected
corridor. | 13 | | Following the hearing and giving due consideration to the
| 14 | | information obtained at the hearing, the Board of Directors | 15 | | of the Authority
shall vote to either
continue or abolish | 16 | | the protected corridor.
| 17 | | (d) It is hereby declared, as a matter of legislative | 18 | | determination, that
the fundamental goal of the people of | 19 | | Illinois is the educational development
of all persons to | 20 | | the limits of their capacities, and this educational
| 21 | | development requires the provision of environmentally and | 22 | | physically safe
facilities.
| 23 | | If the building line of a building used primarily for | 24 | | the purpose of
educating elementary or secondary students | 25 | | lies within 100 feet of any ingress
or egress ramp that is | 26 | | used or that has been used by traffic exiting or
entering |
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| 1 | | any toll highway operated by the Toll Highway Authority, | 2 | | the Toll
Highway Authority shall acquire the building, | 3 | | together with any property owned,
leased, or utilized | 4 | | adjacent to it and pertaining to its educational
| 5 | | operations, from the school district that owns or operates | 6 | | it, for just
compensation. "Just compensation" for | 7 | | purposes of this subsection (d) means
the replacement cost | 8 | | of the building and adjacent property so that the
students | 9 | | educated in the building have the opportunity to be | 10 | | educated
according to standards prevailing in the State of | 11 | | Illinois.
| 12 | | (Source: P.A. 89-297, eff. 8-11-95; 90-681, eff. 7-31-98.)
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