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90_HB2033ham001
LRB9004497NTmbam01
1 AMENDMENT TO HOUSE BILL 2033
2 AMENDMENT NO. . Amend House Bill 2033 on page 1, by
3 replacing lines 1 and 2 with the following:
4 "AN ACT concerning highways, amending named Acts."; and
5 on page 1, below line 4, by inserting the following:
6 "(605 ILCS 5/4-508.1 rep.)
7 Section 3. The Illinois Highway Code is amended by
8 repealing Section 4-508.1."; and
9 on page 1, line 5, after "amended", by inserting "by changing
10 Section 9 and"; and
11 on page 1, below line 6, by inserting the following:
12 "(605 ILCS 10/9) (from Ch. 121, par. 100-9)
13 Sec. 9. The Authority shall have the power:
14 (a) To prepare, or cause to be prepared detailed plans,
15 specifications and estimates, from time to time, for the
16 construction, relocation, repair, maintenance and operation
17 of toll highways within and through the State of Illinois.
18 (b) To acquire, hold and use real and personal property,
19 including rights, rights-of-way, franchises, easements and
20 other interests in land as it may desire, or as may be
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1 necessary or convenient for its authorized purposes by
2 purchase, gift, grant or otherwise, and to take title
3 thereto; to acquire in the manner that may now or hereafter
4 be provided for by the law of eminent domain of this State,
5 any real or personal property (including road building
6 materials and public lands, parks, playgrounds, reservations,
7 highways or parkways, or parts thereof, or rights therein, of
8 any person, railroad, public service, public utility, or
9 municipality or political subdivision) necessary or
10 convenient for its authorized purpose. Such acquisition of
11 real property, whether by purchase, gift, condemnation or
12 otherwise, wherever necessary or convenient in the discretion
13 of the Authority, may include the extension of existing
14 rights and easements of access, use and crossing held by any
15 person or persons, interests in land abutting on existing
16 highways, and remnants or remainder property; and such
17 acquisitions of real property may be free and clear of, and
18 without any rights or easements of access, use and crossing
19 in favor of any person or persons including interest in any
20 land adjacent or contiguous to the land so acquired, provided
21 however, that nothing herein contained shall be construed to
22 authorize the taking or damaging of any private property for
23 such purposes by the Authority, without just compensation.
24 (c) (Blank). To accept conveyance of fee simple title
25 to, or any lesser interest in, land, rights or property
26 conveyed by the Department of Transportation under Section
27 4-508.1 of the Illinois Highway Code.
28 (d) It is hereby declared, as a matter of legislative
29 determination, that the fundamental goal of the people of
30 Illinois is the educational development of all persons to the
31 limits of their capacities, and this educational development
32 requires the provision of environmentally and physically safe
33 facilities.
34 If the building line of a building used primarily for the
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1 purpose of educating elementary or secondary students lies
2 within 100 feet of any ingress or egress ramp that is used or
3 that has been used by traffic exiting or entering any toll
4 highway operated by the Toll Highway Authority, the Toll
5 Highway Authority shall acquire the building, together with
6 any property owned, leased, or utilized adjacent to it and
7 pertaining to its educational operations, from the school
8 district that owns or operates it, for just compensation.
9 "Just compensation" for purposes of this subsection (d) means
10 the replacement cost of the building and adjacent property so
11 that the students educated in the building have the
12 opportunity to be educated according to standards prevailing
13 in the State of Illinois.
14 (Source: P.A. 89-297, eff. 8-11-95.)"; and
15 on page 1, line 10, after "Transportation", by inserting "or
16 other agency or department of the State of Illinois"; and
17 on page 1, line 23, after "reimbursement", by inserting "for
18 land acquisition"; and
19 on page 1, line 25, after "Transportation", by inserting "or
20 other agency or department of the State of Illinois";and
21 on page 1, line 29, after "1997", by inserting ", and shall
22 include any increase in the fair market value of the land";
23 and
24 on page 1, line 31, by replacing "or engineering" with
25 "engineering, or other"; and
26 on page 2, line 3, after "for", by inserting "costs or"; and
27 on page 2, line 4, before "expenses", by inserting "costs
28 or"; and
29 on page 2, below line 4, by inserting the following:
30 "(d) In the event that responsibility for a
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1 transportation project is transferred to the Authority after
2 the Department of Transportation or other agency or
3 department of the State of Illinois has incurred costs or
4 expenses in connection with the project, the Authority shall
5 provide reimbursement for all costs and expenditures already
6 incurred within 60 days of the date on which the Authority
7 becomes solely or jointly responsible for the project."; and
8 on page 2, line 5, by replacing "(d)" with "(e)".