(605 ILCS 5/3-107.1c) (from Ch. 121, par. 3-107.1c)
Sec. 3-107.1c.
In addition to the amounts authorized to be paid in
Sections 3-107.1, 3-107.1a, and 3-107.1b of this Code by the Department or
any county, the Department or any county may, as a part of the cost of
construction, make a
payment not to exceed $22,500 to any displaced person who
is displaced from a dwelling acquired for a State highway or federal aid
highway project actually owned and occupied by such displaced person for
not less than 180 days prior to the initiation of negotiations for the
acquisition of such property. Such payment shall include the following
elements:
(A) The amount, if any, which, when added to the acquisition cost of the
dwelling acquired equals the reasonable cost of a comparable replacement
dwelling determined in accordance with standards established by the
Department to be a decent, safe and sanitary dwelling adequate to
accommodate the displaced person, reasonably accessible to public services
and places of employment and available on the private market.
(B) The amount, if any, which will compensate such displaced person for
any increased interest costs which such person is required to pay for
financing the acquisition of any such comparable replacement dwelling. Such
amount shall be paid only if the dwelling acquired by the Department or any
county was encumbered by a bona fide mortgage which was a valid lien on
such dwelling for not less than 180 days prior to the
initiation of negotiations for the acquisition of such dwelling.
(C) Reasonable expenses incurred by such displaced person for evidence
of title, recording fees, and other closing costs incident to the purchase
of the replacement dwelling, but not including prepaid expenses.
The additional payment authorized by this Section, which shall not
exceed the sum of $22,500, shall be made only to such a displaced person
who purchases and occupies a replacement dwelling that meets the standards
established by the Department to be decent, safe and sanitary, not later
than the end of the one year period beginning on the date on which he
receives from the Department or any county final payment of all costs of
the acquired dwelling, or on the date on which he moves from the dwelling
acquired for the highway project, whichever is the later date.
Any displaced person not eligible to receive such payment, who is
displaced from any dwelling which dwelling was actually and lawfully
occupied by such displaced person for not less than 90 days prior to the
initiation of negotiations for acquisition of such dwelling, may be paid by
the Department or any county, either (1) an amount necessary to enable such
displaced person to lease or rent for a period not to exceed 42 months, a
decent, safe and sanitary dwelling of standards adequate to accommodate
such person in areas not generally less desirable in regard to public
utilities and public and commercial facilities and reasonably accessible to
his place of employment, but not to exceed the sum of $5,250, or (2) the
amount necessary to enable such person to make a down payment (including
incidental expenses described in part (C) of this Section) on the purchase
of a decent, safe and sanitary dwelling of standards adequate to
accommodate such person in areas not generally less desirable in regard to
public utilities and public and commercial facilities, but not to exceed
the amount payable under (1) of this paragraph except that in the case of
a homeowner who owned and occupied the displaced dwelling for at least 90
days, but not more than 180 days immediately prior to the initiating of
negotiations, the down payment cannot exceed the amount payable under
3-107.1c for the persons who owned and occupied the property for 180 days
prior to the initiation of negotiations.
If comparable replacement sale or rental housing is not available
within the limitations of this Section, the Department or any county may make
a payment in excess of the maximum payments authorized by this Section as
required to provide such replacement housing.
(Source: P.A. 85-1407.)
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