605 ILCS 5/9-113

(d) In the case of accommodations upon, under or along non-toll
federal-aid fully access-controlled State highways the State highway authority
may charge an entity reasonable compensation for the right of that entity to
longitudinally locate, place or construct ditches, drains, track, rails, poles,
wires,
pipe line or other equipment upon, under or along such highway.  Such
compensation may include in-kind compensation.

Where the entity applying for use of a non-toll federal-aid fully
access-controlled State highway right-of-way is a public utility company,
municipal corporation or other public or private corporation, association
or person, such compensation shall be based upon but shall not exceed a
reasonable estimate by the State highway authority of the fair market value
of an easement or leasehold for such use of the highway right-of-way.
Where the State highway authority determines that the applied-for use of
such highway right-of-way is for private land uses by an individual and not
for commercial purposes, the State highway authority may charge a lesser fee
than would be charged a public utility company, municipal corporation or
other public or private corporation or association as compensation for the
use of the non-toll federal-aid fully access-controlled State highway
right-of-way.  In no case shall the written consent of the State highway
authority give or be construed to give any entity any easement, leasehold
or other property interest of any kind in, upon, under, above or along the
non-toll federal-aid fully access-controlled State highway right-of-way.

Where the compensation from any entity is in whole or in part a fee, such
fee may be reasonably set, at the election of the State highway authority,
in the form of a single lump sum payment or a schedule of payments.
All such fees charged as compensation may be reviewed and adjusted upward by
the State highway authority once every 5 years provided that any such
adjustment shall be based on changes in the fair market value of an easement
or leasehold for such use of the non-toll federal-aid fully
access-controlled State highway right-of-way.  All such fees received as
compensation by the State highway authority shall be deposited in the Road Fund.

(e) Any entity applying for consent shall submit such information in
such form and detail to the appropriate highway authority as to allow the
authority to evaluate the entity's application.  In the case of
accommodations upon, under or along non-toll federal-aid fully
access-controlled State highways the entity applying for such consent shall
reimburse the State highway authority for all of the authority's reasonable
expenses in evaluating that entity's application, including but not limited
to engineering and legal fees.

(f) Any ditches, drains, track, rails, poles, wires, pipe line, or
other
equipment located, placed, or constructed upon, under, or along a highway
with the consent of the State or county highway authority under this
Section shall,
upon written notice by the State or county highway authority be
removed,
relocated, or modified by the owner, the owner's agents, contractors, or
employees at no expense to the State or county highway
authority when and as deemed necessary by the State or county highway
authority for highway
or highway safety purposes.
The notice shall be properly given after the completion of engineering plans,
the receipt of the necessary permits issued by the appropriate State and
county highway authority to begin work, and the establishment of sufficient
rights-of-way for a given utility authorized by the State or county highway
authority to remain on the highway right-of-way such that the unit of local
government or other owner of any facilities receiving notice in accordance
with this subsection (f) can proceed with relocating, replacing, or
reconstructing the ditches, drains, track, rails, poles, wires, pipe line, or
other
equipment.  If a permit application to relocate on a public right-of-way is not
filed within 15 days of the receipt of final engineering plans, the notice
precondition of a permit to begin work is waived.  However, under no
circumstances shall this notice provision be construed to require the State or
any
government department or agency to purchase additional
rights-of-way to accommodate utilities.
If, within 90 days after receipt of such
written notice,
the ditches, drains, track, rails, poles, wires, pipe line, or other
equipment
have not been removed, relocated, or modified to the reasonable satisfaction
of the State or county highway authority, or if
arrangements are not made satisfactory to the State or county
highway authority for such removal, relocation, or modification, the State
or county
highway
authority may remove, relocate, or modify such ditches, drains, track,
rails, poles, wires, pipe line, or other equipment and bill the owner
thereof for the total cost of such removal, relocation, or modification.
The scope of the project shall be taken into consideration by the State or
county highway authority in determining satisfactory arrangements.
The State or county highway authority shall determine the terms of payment
of those costs
provided that all costs billed by the State or county highway authority
shall not be made
payable over more than a 5 year period from the date of billing.
The State and county highway authority shall have the power to extend the
time of payment in cases of demonstrated financial hardship by a unit of
local government or other public owner of any facilities removed, relocated,
or modified from the highway right-of-way in accordance with this
subsection (f).
This
paragraph shall not be construed to prohibit the State or county highway
authority
from paying any part of the cost of removal, relocation, or modification
where such payment is otherwise provided for by State or federal statute or
regulation.
At any time within 90 days after written notice was given, the owner of the
drains, track, rails, poles, wires, pipe line, or other equipment may request
the district engineer or, if appropriate, the county engineer for a waiver of
the 90 day deadline. The appropriate district or county engineer shall make a
decision concerning waiver within 10 days of receipt of the request and may
waive the 90 day deadline if he or she makes a written finding as to the
reasons for waiving the deadline.  Reasons for waiving the deadline shall be
limited to acts of God, war, the scope of the project, the State failing to
follow the proper notice
procedure, and any other cause beyond reasonable control of the owner of
the facilities.  Waiver must not be unreasonably withheld.  If 90 days after
written notice was given, the ditches, drains, track, rails, poles, wires, pipe
line, or other equipment have not been removed, relocated, or modified to
the satisfaction of the State or county highway authority, no waiver of
deadline has been requested or issued by the appropriate district or county
engineer, and no satisfactory arrangement has been made with the
appropriate State or county highway authority, the State or county highway
authority or the general contractor of the building project may file a
complaint in the circuit court for an emergency order to direct and compel
the owner to remove, relocate, or modify the drains, track, rails, poles,
wires,
pipe line, or other equipment to the satisfaction of the appropriate highway
authority. The complaint for an order shall be brought in the circuit in which
the subject matter of the complaint is situated or, if the subject matter of
the
complaint is situated in more than one circuit, in any one of those
circuits.

(g) It shall be the sole responsibility of the entity, without expense to
the State highway authority, to maintain and repair its ditches,
drains, track, rails, poles, wires, pipe line or other equipment after it is
located, placed or constructed upon, under or along any State highway and in no
case shall the State highway authority thereafter be liable or responsible to
the
entity for any damages or liability of any kind whatsoever incurred by the
entity or to the entity's ditches, drains, track, rails, poles, wires, pipe
line or other equipment.

(h) Except as provided in subsection (h-1), upon receipt of an
application therefor,
consent to so use a highway may
be granted subject to such terms and conditions not inconsistent with
this Code as the highway authority deems for the best interest of the
public.
The terms and conditions required by the appropriate highway authority may
include but need not be limited to participation by the party granted consent
in the strategies and practices adopted under subsection (b) of this Section.
The
petitioner shall pay to the owners of property
abutting upon the affected highways established as though by
common law plat all damages the owners may sustain by reason of such use of
the highway, such damages to be ascertained and paid in the manner provided by
law for the exercise of the right of eminent domain.

(h-1) With regard to any public utility, as defined in Section 3-105 of
the Public Utilities Act, engaged in public water or public sanitary sewer
service that comes under the jurisdiction of the Illinois Commerce Commission,
upon receipt of an application therefor,
consent to so use a highway may
be granted subject to such terms and conditions not inconsistent with
this Code as the highway authority deems for the best interest of the
public.
The terms and conditions required by the appropriate highway authority may
include but need not be limited to participation by the party granted consent
in the strategies and practices adopted under subsection (b) of this Section.
If the highway authority does not have fee ownership of the property, the
petitioner shall pay to the owners of property located in the highway
right-of-way
all damages the owners may sustain by reason of such use of
the highway, such damages to be ascertained and paid in the manner provided by
law for the exercise of the right of eminent domain. The consent shall not
otherwise relieve the entity granted that
consent from obtaining by purchase, condemnation, or otherwise the
necessary approval of any owner of the fee over or under which the
highway or road is located, except to the extent that no such owner has
paid real estate taxes on the property for the 2 years prior to the
grant of the consent.  Owners of property that abuts the right-of-way but who
acquired the
property through a conveyance that either expressly excludes the property
subject to the right-of-way or that describes the property conveyed as ending
at the right-of-way or being bounded by the right-of-way or road shall not be
considered owners of property located in the right-of-way and shall not be
entitled to damages by reason of the use of the highway or road for utility
purposes, except that this provision shall not relieve the public utility
from the
obligation to pay for any physical damage it causes to
improvements lawfully located in the right-of-way. Owners of abutting
property whose descriptions include the right-of-way but are made subject to
the right-of-way shall be entitled to compensation for use of the
right-of-way.
If the property subject to the right-of-way is not owned by the
owners of the abutting property (either because it is expressly excluded from
the property conveyed to an abutting property owner or the property as conveyed
ends at or is bounded by the right-of-way or road), then the petitioner shall
pay any damages, as so calculated, to
the person or persons who have paid real estate taxes for the property as
reflected in the
county tax records. If no person has paid real estate taxes, then the
public interest permits the installation of the facilities without payment of
any damages. This provision of this
amendatory Act of the 93rd General Assembly is intended to clarify, by
codification, existing law and is not intended to change the law.

(i) Such consent shall be granted by the Department in the case of a
State highway; by the county board or its designated county superintendent
of highways in the case of a county highway; by
either the highway commissioner or the county superintendent of highways
in the case of a township or district road, provided that if consent is
granted by the highway commissioner, the petition shall be filed with
the commissioner at least 30 days prior to the proposed date of the
beginning of construction, and that if written consent is not given by
the commissioner within  30 days after receipt of the petition, the
applicant may make written application to the county superintendent of
highways for consent to the construction. In the case of township roads, the county superintendent of highways may either grant consent for the construction or deny the application. The county superintendent of highways shall provide written confirmation, citing the basis of the decision, to both the highway commissioner and the
applicant. This Section does not
vitiate, extend or otherwise affect any consent granted in accordance
with law prior to the effective date of this Code to so use any highway.

(j) Nothing in this Section shall limit the right of a highway
authority to permit the location, placement or construction or any ditches,
drains, track, rails, poles, wires, pipe line or other equipment upon,
under or along any highway or road as a part of its highway or road
facilities or which the highway authority determines is necessary to
service facilities required for operating the highway or road, including
rest areas and weigh stations.

(k) Paragraphs (c) and (d) of this Section shall not apply to any
accommodation located, placed or constructed with the consent of the State
highway authority upon, under or along any non-toll federal-aid fully
access-controlled State
highway prior to July 1, 1984, provided that accommodation was otherwise
in compliance with the rules, regulations and specifications of the State
highway authority.

(l) Except as provided in subsection (l-1), the consent to be granted
pursuant to this Section by the appropriate
highway authority shall be effective only to the extent of the property
interest of the State or government unit served by that highway authority.
Such consent shall not be binding on any owner of the fee over or under which
the highway or road is located and shall not otherwise relieve the entity
granted that consent from obtaining by purchase, condemnation or otherwise
the necessary approval of any owner of the fee over or under which the highway
or road is located.
This paragraph shall
not be construed as a limitation on the use for highway or road purposes
of the land or other property interests acquired by the public for highway
or road purposes, including the space under or above such right-of-way.

(l-1) With regard to any public utility, as defined in Section 3-105 of
the
Public Utilities Act, engaged in public water or public sanitary sewer service
that comes under the jurisdiction of the Illinois Commerce Commission, the
consent to be granted pursuant to this Section by the appropriate
highway authority shall be effective only to the extent of the property
interest of the State or government unit served by that highway authority.
Such consent shall not be binding on any owner of the fee over or under which
the highway or road is located but shall be binding on any abutting property
owner whose property boundary ends at the right-of-way of the highway or road.
For purposes of the preceding sentence, property that includes a portion of
a highway or road but is subject to the highway or road shall not be
considered to end at the highway or road.
The consent shall not otherwise relieve the entity
granted that consent from obtaining by purchase, condemnation or otherwise
the necessary approval of any owner of the fee over or under which the highway
or road is located, except to the extent that no such owner has paid real
estate taxes on the property for the 2 years prior to the grant of the
consent. This provision is not intended to absolve a utility from obtaining
consent
from a lawful owner of the roadway or highway property (i.e. a person whose
deed of conveyance lawfully includes the property, whether or not made subject
to the highway or road) but who does not pay taxes by reason of Division 6 of
Article 10 of the Property Tax Code.
This paragraph shall
not be construed as a limitation on the use for highway or road purposes
of the land or other property interests acquired by the public for highway
or road purposes, including the space under or above such right-of-way.

(m) The provisions of this Section apply to all permits issued  by  the
Department of Transportation and the
appropriate State or county highway
authority.

(Source: P.A. 102-449, eff. 1-1-22.)