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90_HB2652ham001 LRB9010056WHsbam 1 AMENDMENT TO HOUSE BILL 2652 2 AMENDMENT NO. . Amend House Bill 2652 by replacing 3 the title with the following: 4 "AN ACT to amend the Toll Highway Act by changing certain 5 Sections and adding certain Sections."; and 6 by replacing everything after the enacting clause with the 7 following: 8 "Section 5. The Toll Highway Act is amended by changing 9 Sections 9, 11, and 14 and adding Sections 7.5, 9.5, 9.10, 10 9.15, 9.20, 9.25, 9.30, 9.35, 9.40, 9.45, 9.50, and 9.60 as 11 follows: 12 (605 ILCS 10/7.5 new) 13 Sec. 7.5. Public comments at board meetings. The board 14 of directors shall set aside a portion of each meeting of the 15 board that is open to the public pursuant to the provisions 16 of the Open Meetings Act during which members of the public 17 who are present at the meeting may comment on any subject. 18 (605 ILCS 10/9) (from Ch. 121, par. 100-9) 19 Sec. 9. The Authority shall have the power: 20 (a) To prepare, or cause to be prepared detailed -2- LRB9010056WHsbam 1 plans, specifications and estimates, from time to time, 2 for the construction, relocation, repair, maintenance and 3 operation of toll highways within and through the State 4 of Illinois. 5 (b) To acquire, hold and use real and personal 6 property, including rights, rights-of-way, franchises, 7 easements and other interests in land as it may desire, 8 or as may be necessary or convenient for its authorized 9 purposes by purchase, gift, grant or otherwise, and to 10 take title thereto; to acquire in the manner that may now 11 or hereafter be provided for by the law of eminent domain 12 of this State, any real or personal property (including 13 road building materials and public lands, parks, 14 playgrounds, reservations, highways or parkways, or parts 15 thereof, or rights therein, of any person, railroad, 16 public service, public utility, or municipality or 17 political subdivision) necessary or convenient for its 18 authorized purpose. Such acquisition of real property, 19 whether by purchase, gift, condemnation or otherwise, 20 wherever necessary or convenient in the discretion of the 21 Authority, may include the extension of existing rights 22 and easements of access, use and crossing held by any 23 person or persons, interests in land abutting on existing 24 highways, and remnants or remainder property; and such 25 acquisitions of real property may be free and clear of, 26 and without any rights or easements of access, use and 27 crossing in favor of any person or persons including 28 interest in any land adjacent or contiguous to the land 29 so acquired, provided however, that nothing herein 30 contained shall be construed to authorize the taking or 31 damaging of any private property for such purposes by the 32 Authority, without just compensation. 33 (c) To accept conveyance of fee simple title to, or 34 any lesser interest in, land, rights or property conveyed -3- LRB9010056WHsbam 1 by the Department of Transportation under Section 4-508.1 2 of the Illinois Highway Code. 3 (c-1) To establish presently the approximate 4 locations and widths of rights of way for future 5 additions to the toll highway system to inform the public 6 and prevent costly and conflicting development of the 7 land involved. 8 The Authority shall hold a public hearing whenever 9 approximate locations and widths of rights of way for 10 future toll highway additions are to be established. The 11 hearing shall be held in or near the county or counties 12 in which the land to be used is located and notice of the 13 hearing shall be published in a newspaper or newspapers 14 of general circulation in the county or counties 15 involved. Any interested person or his or her 16 representative may be heard. The Authority shall 17 evaluate the testimony given at the hearing. 18 The Authority shall make a survey and prepare a map 19 showing the location and approximate widths of the rights 20 of way needed for future additions to the toll highway 21 system. The map shall show existing highways in the area 22 involved and the property lines and owners of record of 23 all land that will be needed for the future additions and 24 all other pertinent information. Approval of the map 25 with any changes resulting from the hearing shall be 26 indicated in the record of the hearing and a notice of 27 the approval and a copy of the map shall be filed in the 28 office of the recorder for all counties in which the land 29 needed for future additions is located. 30 Public notice of the approval and filing shall be 31 given in newspapers of general circulation in all 32 counties in which the land is located and shall be served 33 by registered mail within 60 days thereafter on all 34 owners of record of the land needed for future additions. -4- LRB9010056WHsbam 1 The Authority may approve changes in the map from 2 time to time. The changes shall be filed and notice 3 given in the manner provided for an original map. 4 After the map is filed and notice thereof given to 5 the owners of record of the land needed for future 6 additions, no person shall incur development costs or 7 place improvements in, upon, or under the land involved 8 nor rebuild, alter, or add to any existing structure 9 without first giving 60 days' notice by registered mail 10 to the Authority. This prohibition shall not apply to 11 any normal or emergency repairs to existing structures. 12 The Authority shall have 45 days after receipt of that 13 notice to inform the owner of the Authority's intention 14 to acquire the land involved, after which it shall have 15 an additional 120 days to acquire the land by purchase or 16 to initiate action to acquire the land through the 17 exercise of the right of eminent domain. When the right 18 of way is acquired by the Authority, no damages shall be 19 allowed for any construction, alteration, or addition in 20 violation of this subsection (c-1) unless the Authority 21 has failed to acquire the land by purchase or has 22 abandoned an eminent domain proceeding initiated in 23 accordance with this subsection (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 27 property to be taken under this Section for additions to 28 the toll highway system shall be the date of the actual 29 taking, if the property is acquired by purchase, or the 30 date of the filing of a complaint for condemnation, if 31 the property is acquired through the exercise of the 32 right of eminent domain, rather than the date when the 33 map of the proposed right of way was filed of record. 34 (c-2) Not more than 10 years after a protected -5- LRB9010056WHsbam 1 corridor is established under subsection (c-1), and not 2 later than the expiration of each 10-year period 3 thereafter, the Authority shall hold a public hearing to 4 discuss the viability and feasibility of the protected 5 corridor. Following the hearing and giving due 6 consideration to the information obtained at the hearing, 7 the Board of Directors of the Authority shall vote to 8 either continue or abolish the protected corridor. 9 (d) It is hereby declared, as a matter of 10 legislative determination, that the fundamental goal of 11 the people of Illinois is the educational development of 12 all persons to the limits of their capacities, and this 13 educational development requires the provision of 14 environmentally and physically safe facilities. 15 If the building line of a building used primarily 16 for the purpose of educating elementary or secondary 17 students lies within 100 feet of any ingress or egress 18 ramp that is used or that has been used by traffic 19 exiting or entering any toll highway operated by the Toll 20 Highway Authority, the Toll Highway Authority shall 21 acquire the building, together with any property owned, 22 leased, or utilized adjacent to it and pertaining to its 23 educational operations, from the school district that 24 owns or operates it, for just compensation. "Just 25 compensation" for purposes of this subsection (d) means 26 the replacement cost of the building and adjacent 27 property so that the students educated in the building 28 have the opportunity to be educated according to 29 standards prevailing in the State of Illinois. 30 (Source: P.A. 89-297, eff. 8-11-95.) 31 (605 ILCS 10/9.5 new) 32 Sec. 9.5. Acquisition by purchase or by condemnation. 33 The Authority is authorized to acquire by purchase or by 34 condemnation, in the manner provided for the exercise of the -6- LRB9010056WHsbam 1 power of eminent domain under Article VII of the Code of 2 Civil Procedure, any and all lands, buildings, and grounds 3 necessary or convenient for its authorized purpose. The 4 Authority shall comply with the federal Uniform Relocation 5 Assistance and Real Property Acquisition Policies Act, Public 6 Law 91-646, as amended, and the implementing regulations in 7 49 CFR Part 24 and is authorized to operate a relocation 8 program and to pay relocation costs. If there is a conflict 9 between the provisions of this amendatory Act of 1998 and the 10 provisions of the federal law or regulations, however, the 11 provisions of this amendatory Act of 1998 shall control. The 12 Authority is authorized to exceed the maximum payment limits 13 of the federal Uniform Relocation Assistance and Real 14 Property Acquisition Policies Act when necessary to ensure 15 the provision of decent, safe, or sanitary housing, or to 16 secure a suitable relocation site. The Authority may not 17 adopt rules to implement the federal law or regulations 18 referenced in this Section unless those rules have received 19 the prior approval of the Joint Committee on Administrative 20 Rules. 21 (605 ILCS 10/9.10 new) 22 Sec. 9.10. Acquisition of property. 23 (a) Prior to the initiation of negotiations, the 24 Authority shall establish an amount that it believes is just 25 compensation for the property. The amount shall not be less 26 than the appraisal of the fair market value of the property. 27 Promptly thereafter, the Authority shall make a written offer 28 to the owner to acquire the property for the full amount 29 believed to be just compensation. Along with the initial 30 written purchase offer, the owner shall be given a written 31 statement of the basis for the offer. For owner-occupied 32 dwellings, upon the owner's request, the Authority shall 33 exchange its approved appraisal with the owner's appraisal -7- LRB9010056WHsbam 1 obtained from a State-certified general real estate 2 appraiser. 3 (b) The Authority shall make every reasonable effort to 4 contact the owner or the owner's representative and discuss 5 its offer to purchase the property. The owner shall be given 6 every reasonable opportunity to consider the offer and 7 present material that the owner believes is relevant to 8 determining the value of the property, including an appraisal 9 obtained by the owner from a State-certified general real 10 estate appraiser, and to suggest modifications in the 11 proposed terms and conditions of the purchase. The 12 Authority shall pay for the cost of the owner's appraisal for 13 an owner-occupied dwelling. 14 (c) To the extent permitted by applicable law, the 15 appraiser shall disregard any decrease or increase in the 16 fair market value of the real property caused by the project 17 for which the property is to be acquired, or caused by the 18 likelihood that the property would be acquired for the 19 project, other than that due to the physical deterioration of 20 the property that was within the reasonable control of the 21 owner. If comparable sales of similar properties are 22 factored into the amount of just compensation offered by the 23 Authority, those comparable sales must have been with respect 24 to property located outside the protected corridor. 25 (d) When the Authority acquires an owner-occupied 26 dwelling the Authority shall reimburse the property owner up 27 to $500 for reasonable attorney's fees actually incurred by 28 the property owner related to closing costs in conjunction 29 with the property owner's purchase of a replacement dwelling. 30 (605 ILCS 10/9.15 new) 31 Sec. 9.15. Owner retention of certain items. The owner 32 of property to be acquired by the Authority shall have the 33 right to retain ownership of a dwelling's cabinets, moldings, -8- LRB9010056WHsbam 1 and fixtures. If the Authority acquires the dwelling, the 2 property owner may remove cabinets, moldings, and fixtures if 3 stipulated in the agreement to purchase the property. 4 (605 ILCS 10/9.20 new) 5 Sec. 9.20. Condemnation proceeding expenses. The owner 6 of property to be acquired by the Authority shall be 7 reimbursed for any reasonable expenses, including reasonable 8 attorney, appraisal, and engineering fees, that the owner 9 actually incurred because of a condemnation proceeding if: 10 (1) the final judgement of the court is that the 11 Authority cannot acquire the property by condemnation; or 12 (2) the condemnation proceeding is abandoned by the 13 Authority other than under an agreed-upon settlement. 14 (605 ILCS 10/9.25 new) 15 Sec. 9.25. Comparable replacement dwelling; additional 16 or supplemental housing payment. Whenever the cost of a 17 comparable replacement dwelling is greater than what the 18 Authority paid the property owner, the Authority shall 19 provide additional or supplemental housing payments. No 20 person shall be required to move from a dwelling unless 21 comparable replacement housing is available to the person. 22 The total of additional or supplemental housing payments to a 23 property owner under this Section shall not exceed $25,000. 24 (605 ILCS 10/9.30 new) 25 Sec. 9.30. Moving Expenses and Direct Losses of Personal 26 Property Caused by Displacement. The Authority is authorized 27 to pay, as part of the cost of construction of any project on 28 a toll highway, to any person displaced by the highway 29 project (1) actual reasonable expenses in moving himself or 30 herself, his or her family, and his or her business, farm 31 operation, or other personal property; (2) actual direct -9- LRB9010056WHsbam 1 losses of tangible personal property as a result of moving or 2 discontinuing a business or farm operation but not to exceed 3 an amount equal to the reasonable expenses that would have 4 been required to relocate the property, as determined by the 5 Authority; (3) actual reasonable expenses in searching for a 6 replacement business or farm; and (4) actual reasonable 7 expenses necessary to reestablish a displaced farm, nonprofit 8 organization, or small business at its new site, but not to 9 exceed $10,000. 10 (605 ILCS 10/9.35 new) 11 Sec. 9.35. Expense and Dislocation Allowance. In lieu of 12 the payments authorized to be paid under this Act, the 13 Authority may pay any person displaced from a dwelling, who 14 elects to accept the payment, an expense and dislocation 15 allowance which shall be determined according to a schedule 16 established by the Authority. 17 (605 ILCS 10/9.40 new) 18 Sec. 9.40. Relocation Payments. In lieu of the payments 19 authorized to be paid under this Act, the Authority may pay 20 any person who moves or discontinues his or her business or 21 farm operation, who elects to accept the payment, a fixed 22 relocation payment in an amount equal to the average annual 23 net earnings of the business or the farm operation, except 24 that the payment shall be not less than $1,000 nor more than 25 $20,000. 26 (605 ILCS 10/9.45 new) 27 Sec. 9.45. Additional Payments for Dwelling and Rental of 28 Dwelling. 29 (a) In addition to the amounts authorized to be paid 30 under this Act by the Authority, the Authority may, as a part 31 of the cost of construction, make a payment not to exceed -10- LRB9010056WHsbam 1 $25,000 to any displaced person who is displaced from a 2 dwelling acquired for a toll highway project actually owned 3 and occupied by the displaced person for not less than 180 4 days before the initiation of negotiations for the 5 acquisition of the property. The payment shall include the 6 following elements: 7 (1) The amount, if any, which, when added to the 8 acquisition cost of the dwelling acquired equals the 9 reasonable cost of a comparable replacement dwelling 10 determined in accordance with standards established by 11 the Authority to be a decent, safe, and sanitary dwelling 12 adequate to accommodate the displaced person, reasonably 13 accessible to public services and places of employment, 14 and available on the private market. 15 (2) The amount, if any, which will compensate the 16 displaced person for any increased interest costs which 17 the person is required to pay for financing the 18 acquisition of any such comparable replacement dwelling. 19 The amount shall be paid only if the dwelling acquired by 20 the Authority was encumbered by a bona fide mortgage 21 which was a valid lien on the dwelling for not less than 22 180 days before the initiation of negotiations for the 23 acquisition of the dwelling. 24 (3) Reasonable expenses incurred by the displaced 25 person for evidence of title, recording fees, and other 26 closing costs incident to the purchase of the replacement 27 dwelling, but not including prepaid expenses. 28 (b) The additional payment authorized under subsection 29 (a) shall not exceed $25,000 and shall be made only to a 30 displaced person who purchases and occupies a replacement 31 dwelling that meets the standards established by the 32 Authority to be decent, safe and sanitary, not later than the 33 end of the one year period beginning on the date on which he 34 or she receives from the Authority final payment of all costs -11- LRB9010056WHsbam 1 of the acquired dwelling, or on the date on which he or she 2 moves from the dwelling acquired for the highway project, 3 whichever is the later date. 4 (c) Any displaced person who is not eligible to receive 5 payment under subsection (a) and who is displaced from any 6 dwelling which was actually and lawfully occupied by the 7 displaced person for not less than 90 days before the 8 initiation of negotiations for acquisition of the dwelling, 9 may be paid by the Authority either (1) an amount necessary 10 to enable the displaced person to lease or rent, for a period 11 not to exceed 42 months, a decent, safe, and sanitary 12 dwelling of standards adequate to accommodate the person in 13 areas not generally less desirable in regard to public 14 utilities and public and commercial facilities and reasonably 15 accessible to his or her place of employment, but not to 16 exceed the sum of $5,250, or (2) the amount necessary to 17 enable the person to make a down payment, including 18 incidental expenses described in item (1) of this subsection 19 (c), on the purchase of a decent, safe, and sanitary dwelling 20 of standards adequate to accommodate the person in areas not 21 generally less desirable in regard to public utilities and 22 public and commercial facilities, but not to exceed the 23 amount payable under item (1) of this subsection (c), except 24 that in the case of a homeowner who owned and occupied the 25 displaced dwelling for at least 90 days but not more than 180 26 days immediately before the initiating of negotiations, the 27 down payment shall not exceed the amount payable under this 28 Act for persons who owned and occupied the property for 180 29 days before the initiation of negotiations. 30 (d) If comparable replacement sale or rental housing is 31 not available within the limitations of this Section, the 32 Authority may make a payment in excess of the maximum 33 payments authorized by this Section as required to provide 34 replacement housing. -12- LRB9010056WHsbam 1 (605 ILCS 10/9.50 new) 2 Sec. 9.50. Reimbursement for Certain Expenses and 3 Mortgage Penalty. In addition to the other amounts authorized 4 to be paid under this Act, the Authority may reimburse the 5 owner of real property acquired for a toll highway project 6 the reasonable and necessary expenses incurred for (1) 7 recording fees, transfer taxes, and similar expenses 8 incidental to conveying the real property; and (2) penalty 9 costs for prepayment of any pre-existing recorded mortgages 10 entered into in good faith encumbering the real property. 11 (605 ILCS 10/9.60 new) 12 Sec. 9.60. Construction in Relation to Eminent Domain. 13 Nothing contained in this amendatory Act of 1998 creates in 14 any proceedings brought under the power of eminent domain any 15 element of damages not in existence on the effective date of 16 this amendatory Act of 1998. 17 (605 ILCS 10/11) (from Ch. 121, par. 100-11) 18 Sec. 11. The Authority shall have power: 19 (a) To enter upon lands, waters and premises in the 20 State for the purpose of making surveys, soundings, drillings 21 and examinations as may be necessary, expedient or convenient 22 for the purposes of this Act, and such entry shall not be 23 deemed to be a trespass, nor shall an entry for such purpose 24 be deemed an entry under any condemnation proceedings which 25 may be then pending; provided, however, that the Authority 26 shall make reimbursement for any actual damage resulting to 27 such lands, waters and premises as the result of such 28 activities. 29 (b) To construct, maintain and operate stations for the 30 collection of tolls or charges upon and along any toll 31 highways. 32 (c) To provide for the collection of tolls and charges -13- LRB9010056WHsbam 1 for the privilege of using the said toll highways. Before it 2 adopts an increase in the rates for toll, the Authority shall 3 hold a public hearing at which any person may appear, express 4 opinions, suggestions, or objections, or direct inquiries 5 relating to the proposed increase. Any person may submit a 6 written statement to the Authority at the hearing, whether 7 appearing in person or not. The hearing shall be held in the 8 county in which the proposed increase of the rates is to take 9 place. The Authority shall give notice of the hearing by 10 advertisement on 3 successive days at least 15 days prior to 11 the date of the hearing in a daily newspaper of general 12 circulation within the county within which the hearing is 13 held. The notice shall state the date, time, and place of 14 the hearing, shall contain a description of the proposed 15 increase, and shall specify how interested persons may obtain 16 copies of any reports, resolutions, or certificates 17 describing the basis on which the proposed change, 18 alteration, or modification was calculated. After 19 consideration of any statements filed or oral opinions, 20 suggestions, objections, or inquiries made at the hearing, 21 the Authority may proceed to adopt the proposed increase of 22 the rates for toll. NoAnychange or,alteration in or 23 modification of the rates for toll shallnotbe effective 24 unless at least 30 days prior to the effective date 25establishmentof such rates notice thereof shall be given to 26 the public by publication in a newspaper of general 27 circulation, and such notice, or notices, thereof shall be 28 posted and publicly displayed at each and every toll station 29 upon or along said toll highways. 30 (d) To construct, at the Authority's discretion, grade 31 separations at intersections with any railroads, waterways, 32 street railways, streets, thoroughfares, public roads or 33 highways intersected by the said toll highways, and to change 34 and adjust the lines and grades thereof so as to accommodate -14- LRB9010056WHsbam 1 the same to the design of such grade separation and to 2 construct interchange improvements. The Authority is 3 authorized to provide such grade separations or interchange 4 improvements at its own cost or to enter into contracts or 5 agreements with reference to division of cost therefor with 6 any municipality or political subdivision of the State of 7 Illinois, or with the Federal Government, or any agency 8 thereof, or with any corporation, individual, firm, person or 9 association. Where such structures have been built by the 10 Authority and a local highway agency did not enter into an 11 agreement to the contrary, the Authority shall maintain the 12 entire structure, including the road surface, at the 13 Authority's expense. 14 (e) To contract with and grant concessions to or lease 15 or license to any person, partnership, firm, association or 16 corporation so desiring the use of any part of any toll 17 highways, excluding the paved portion thereof, but including 18 the right of way adjoining, under, or over said paved portion 19 for the placing of telephone, telegraph, electric, power 20 lines and other utilities, and for the placing of pipe lines, 21 and to enter into operating agreements with or to contract 22 with and grant concessions to or to lease to any person, 23 partnership, firm, association or corporation so desiring the 24 use of any part of the toll highways, excluding the paved 25 portion thereof, but including the right of way adjoining, or 26 over said paved portion for motor fuel service stations and 27 facilities, garages, stores and restaurants, or for any other 28 lawful purpose, and to fix the terms, conditions, rents, 29 rates and charges for such use. 30 The Authority shall also have power to establish 31 reasonable regulations for the installation, construction, 32 maintenance, repair, renewal, relocation and removal of 33 pipes, mains, conduits, cables, wires, towers, poles and 34 other equipment and appliances (herein called public -15- LRB9010056WHsbam 1 utilities) of any public utility as defined in the Public 2 Utilities Act along, over or under any toll road project. 3 Whenever the Authority shall determine that it is necessary 4 that any such public utility facilities which now are located 5 in, on, along, over or under any project or projects be 6 relocated or removed entirely from any such project or 7 projects, the public utility owning or operating such 8 facilities shall relocate or remove the same in accordance 9 with the order of the Authority. All costs and expenses of 10 such relocation or removal, including the cost of installing 11 such facilities in a new location or locations, and the cost 12 of any land or lands, or interest in land, or any other 13 rights required to accomplish such relocation or removal 14 shall be ascertained and paid by the Authority as a part of 15 the cost of any such project or projects, and further, there 16 shall be no rent, fee or other charge of any kind imposed 17 upon the public utility owning or operating any facilities 18 ordered relocated on the properties of the said Authority and 19 the said Authority shall grant to the said public utility 20 owning or operating said facilities and its successors and 21 assigns the right to operate the same in the new location or 22 locations for as long a period and upon the same terms and 23 conditions as it had the right to maintain and operate such 24 facilities in their former location or locations. 25 (Source: P.A. 86-1164.) 26 (605 ILCS 10/14) (from Ch. 121, par. 100-14) 27 Sec. 14. (a) The Authority shall, prior to the 28 commencement of any engineering and traffic study or studies 29 to determine the feasibility of constructing additional toll 30 highways within the State of Illinois, submit to the Governor 31 for his approval, the route, or routes, proposed for 32 additional toll highways together with an estimate of the 33 cost of the proposed study or studies. If the Governor shall -16- LRB9010056WHsbam 1 approve such proposed study or studies and the estimated cost 2 thereof, or shall fail to disapprove such proposed study or 3 studies and estimate of cost thereof, within 30 days after 4 receipt thereof, the Authority may, thereupon, proceed with 5 such study or studies. 6 (b) The Authority shall create a local advisory 7 committee of members from each county in which any portion of 8 an additional toll highway is proposed to be constructed. 9 The committee members shall be designated by township and 10 municipal governing bodies in proportion to the percentage of 11 corridor property situated within the unincorporated area of 12 a township and incorporated municipalities located in the 13 same township. No less than 50% of the members of this 14 committee shall be representatives of organized citizen 15 groups directly affected by the proposed corridor. All 16 meetings shall be held in compliance with the Open Meetings 17 Act. The committee shall consider and advise the Authority 18 with respect to the impact on property owners, land use, and 19 other impacts of the proposed highway. 20 (Source: Laws 1967, p. 2748.) 21 Section 99. This Act takes effect upon becoming law.".