(605 ILCS 5/4-501) (from Ch. 121, par. 4-501)
Sec. 4-501.
The Department, in its name, or any county may acquire
the fee simple title, or such lesser interest as may be desired, to any
land, rights, or other property necessary for the construction,
maintenance or operation of State highways, or necessary for locating,
relocating, extending, widening or straightening any State highway, or
necessary for locating, relocating, extending, widening or straightening
an existing street or for laying out, establishing or opening a new
street within the corporate limits of any municipality which has been
designated by the Department as a street to form a part of or to connect
with a State highway leading up to the corporate limits of such
municipality, or necessary for any other purpose or use contemplated by
this Code by purchase or by the exercise of the right of eminent domain
under the eminent domain laws of this State and the Department shall not
be required, in any case, to furnish bond.
When, in the judgment of the acquiring agency, it is more practical
and economical to acquire the fee to the inaccessible remnants of the
tracts of land from which rights-of-way are being acquired than to pay
severance damages, such agency may do so by purchase or by an eminent
domain proceeding.
When a part of a parcel of land is to be taken for State highway
purposes and the accessible remnant is to be left in a shape or
condition rendering it of little value to the owner or giving rise to
claims for severance or other damages, upon written request of the
owner, the acquiring agency may take the whole parcel and may sell or
exchange the part not needed for highway purposes.
When acquiring land for a highway on a new location, and when a
parcel of land one acre or less in area contains a single family
residence, which is in conformance with existing zoning ordinances, and
only a part of that parcel is required for State highway purposes
causing the remainder of the parcel not to conform with the existing
zoning ordinances, or when the location of the right of way line of the
proposed highway reduces the distance from an existing single family
residence to the right of way line to 10 feet or less, the acquiring
agency shall, if the owner so demands, take the whole parcel by
negotiation or condemnation. The part not needed for highway purposes
may be rented, sold or exchanged by the acquiring agency.
When any farm land is acquired for State highway purposes by the exercise
of the right of eminent domain, the rate of compensation to be paid by the
acquiring agency shall be computed by taking into consideration the total
acreage originally involved in the farm land parcel, including that portion
of such parcel already part of a right of way for highway purposes but for
which legal title lies in the owner of the parcel.
(Source: P.A. 81-536.)
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(605 ILCS 5/4-505) (from Ch. 121, par. 4-505)
Sec. 4-505.
In addition to whatever powers the Department may by law now
possess, whenever it is necessary as an incident to the construction of a
new State highway or the relocation, reconstruction, extension, widening,
straightening, alteration, repair, maintenance or improvement of an
existing State highway (including extensions of a new or existing State
highway through or into a municipality upon a new or existing street) that
the line or tracks of a railroad or railway company or the wires, poles,
pipes or other facilities of a public utility, which are not then located
in or upon a public street or highway, be relocated, and the Department and
such company or public utility have entered into an agreement, approved by
the Illinois Commerce Commission, concerning such relocation, the
Department is authorized to purchase, or to acquire through the exercise of
the right of eminent domain under the eminent domain law of the State, such
easements, rights, lands or other property as may be necessary for the
relocation of said railroad or railway line or tracks or other public
utility facilities.
The Department is authorized to convey such easements, rights, lands or
other property it has so purchased or acquired for said relocation of the
said railroad, railway company or other public utility by deed executed by
the Director of the Department.
(Source: Laws 1965, p. 428.)
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(605 ILCS 5/4-508) (from Ch. 121, par. 4-508)
Sec. 4-508. (a) Except as provided in paragraphs (c)
and (d) of this Section, and
subject to the written approval of the Governor and, if required by federal law or regulation, the Federal Highway Administration, the Department may dispose
of, by public sale, at auction or by sealed bids, any land, dedications, easements, access rights, or any interest in the real estate that it holds, or other
properties, real or personal, acquired for but no longer needed for highway
purposes or remnants acquired under the provisions of Section 4-501. Such sale may be made at the fair market
value of such land, rights, or property, as determined by the Department. The fair market value of the land, rights, or property may be based on one or more appraisals completed by a qualified appraiser approved by the Department or a valuation waiver prepared by the Department. A sale below the fair market value, as established by this Section, shall be justified, in writing, by Department staff, which shall include consideration of all relevant information, including, but not limited to, findings regarding the best interests of the Department, other public benefits such as divestment of liabilities, or changed circumstances. The Department shall develop a policy to assign a monetary value of all such considerations in valuation determinations. An appraisal may be paid for by any interested party. The form of the conveyance or release shall be in a form approved by the Department.
(b) Except as provided in paragraphs (c) and (d) of
this Section, and subject to
the written approval of the Governor, the Department may exchange any land,
rights or property no longer needed for highway purposes or remnants
acquired under the provisions of Section 4-501 of this Code for equivalent
interests in land, rights or property needed for highway purposes. Where
such interests are not of equivalent value cash may be paid or received for
the difference in value.
(c) If at the time any property previously determined by the
Department to be needed for highway purposes is declared excess and no longer needed
for the Department's purposes, and before making the property available for public sale as provided in subsection (a), the Department shall offer that real property as follows: (1) To the person from whom such real property was |
| acquired that still owns and has continuously owned land adjacent to or abutting such real property since the acquisition by the Department, the Department shall first offer the property, in writing, for the fair market value of the property. If the Department's offer to such a person is accepted, in writing, within 60 days of the date of the written offer, the Department, subject to the written approval of the Governor, is authorized to dispose of such property to that person. If the offer is not accepted, in writing, within 60 days of the date of the written offer, all rights under this paragraph shall terminate.
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(2) If the option in paragraph (1) does not exist or
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| an offer is made and not accepted, or a sale otherwise is not consummated, the Department shall offer, in writing, at the value determined by the Department, the real property declared excess to the local municipality in which the property is situated and located, or, if the property is situated and located in an unincorporated area, to the county and township, if applicable, in which the property is situated and located. If a letter of intent to accept the offer is received by the Department, in writing, within 15 days of the date of the offer, the local governmental entity shall have 45 days from the date on the offer to accept the offer formally by resolution of its governing body. If the offer is formally accepted within 45 days of the date of the written offer, the Department, subject to the written approval of the Governor, is authorized to convey the property to the governing body upon payment of the value stated in the offer and may include a reversion for failure to continue public ownership and use if conveyed for less than fair market value. If a timely letter of intent to accept and a formal acceptance is received from a county and a township, the county shall be given priority. If a letter of intent is not received within 15 days of the offer, all rights under this paragraph shall terminate. If the letter of intent is received within the 15 days, but the formal acceptance is not received within 45 days of the date of the written offer, all rights under this paragraph shall terminate. If the unit of local government does not tender the funds in the full amount of the accepted offer within 90 days of the date of the offer, all rights under this paragraph shall terminate. If a county fails to tender the funds in the full amount of the written accepted offer and a township tenders the full amount of a timely accepted offer within 15 days of the county's failure to timely tender, the Department shall sell the land, rights, or property to the township. The Department shall have the right to revoke, in writing, any offer made under this paragraph at any time before the funds in the full amount of the offer are tendered to the Department.
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(3) If the option in paragraph (1) or (2) does not
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| exist or a sale is not otherwise consummated, the Department shall offer, in writing, at fair market value, the real property declared excess to an adjacent or abutting property owner if the property owner is the only reasonable party as determined by the Department. If the Department's offer is accepted by the property owner, in writing, within 60 days of the date of the written offer, the Department, subject to the written approval of the Governor, is authorized to convey the property to the property owner upon payment of the fair market value. If the offer is not accepted, in writing, within 60 days of the date of the written offer, all rights under this paragraph shall terminate.
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(d) If the Department enters into or currently has a written contract with
another highway authority for the transfer of jurisdiction of any highway or
portion thereof, the Department is authorized
to convey, subject to the written approval of the Governor, without compensation, any land, dedications, easements,
access rights, or any interest in the real estate that it holds to that
specific highway or portion thereof to the highway authority that is accepting
or has accepted jurisdiction. However, no part of the transferred property can
be vacated or disposed of without the approval of the Department, which may
require compensation for non-public use.
(e) Except as provided in paragraph (c) of this Section, if
the Department obtains or obtained fee simple title to, or any
lesser interest, in any land, right, or other property and must comply with
subdivision (f)(3) of Section 6 of Title I of
the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460 l-8(f)(3)),
the Historic Bridge Program established under Title 23,
United States Code, Section 144, subsection (o) (23 U.S.C. 144(o)),
the National Historic Preservation Act (16 U.S.C. Sec. 470), the Interagency
Wetland Policy Act of 1989, or
the Illinois State Agency Historic Resources Preservation Act,
the Department, subject to the written approval of the Governor and concurrence
of the grantee, is
authorized to convey the title or interest in the land, right, or other
property to another governmental agency,
or a not-for-profit organization that will
use the property for purposes consistent
with the appropriate law.
The Department may retain rights to protect the public interest.
(Source: P.A. 102-974, eff. 1-1-23.)
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(605 ILCS 5/4-511) (from Ch. 121, par. 4-511)
Sec. 4-511.
In addition to whatever powers the Department may by law now possess
whenever it is necessary for the Department as an incident to the
construction of a new State highway or the relocation, reconstruction,
extension, widening, straightening, alteration, repair, maintenance or
improvement of an existing highway (including extension of a new or
existing State highway through or into a municipality upon a new or
existing street) to acquire property occupied by a structure which must be
removed or demolished in order to construct such highway, then the
Department may acquire within a one mile radius of such structure such
other unimproved or improved but unoccupied easements, rights, lands or
other property by purchase or through the exercise of the right of eminent
domain, for the purpose of:
(a) Providing a site on which such structure may be |
| replaced or relocated by the Department in order that the structure or its replacement thereof may continue to be used in conformance with the use previously made thereof, provided that the use of such site shall be in accordance with applicable zoning requirements and building codes. The Department is authorized to replace, restore and rehabilitate such site and structure in its entirety including but not limited to providing a suitable foundation, installing heating, lighting, water, sewage and other necessary facilities and appurtenances. After the construction of the replacement structure or relocation, restoration and rehabilitation of any existing structure, the Department may sell or exchange such structure and site on which it is located in the manner provided by Section 4-508 of this Code and may insert in any instrument or deed covering such sale or exchange, such covenants and agreements insuring compliance with this Section which covenants and agreements shall run with the land.
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(b) Providing a site on which such structure may be
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| replaced, relocated, restored or rebuilt by the owner thereof in order that the structure or its replacement thereof may continue to be used in conformance with the use previously made thereof provided that the use of such site shall be in accordance with applicable zoning requirements and building codes. The Department is authorized to exchange such easements, rights, lands or other property with the owner of the property required for the highway construction in a manner provided by Section 4-508 of this Code and may insert in any instrument or deed covering such exchange, such covenants and agreements insuring compliance with this Section which covenants and agreements shall run with the land.
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The Department may enter into an agreement or agreements with any
department, board, commission, officer or agency of federal or state
government, its political subdivisions and municipal corporations or with
any private person, firm or corporation in order to carry out the purpose
of this Section.
(Source: P.A. 77-1577.)
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