State of Illinois
90th General Assembly
Legislation

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Engrossed ][ Senate Amendment 001 ]

90_HB2746enr

      605 ILCS 5/4-508          from Ch. 121, par. 4-508
          Amends the Illinois Highway Code to provide that  if  the
      Department  of  Transportation enters into or currently has a
      written contract  with  another  highway  authority  for  the
      transfer  of  jurisdiction  of  a highway, the Department may
      convey,  without   compensation,   any   land,   dedications,
      easements,  access rights, or any interest in the real estate
      that it holds to the highway authority. Provides that 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.
                                                    LRB9008778NTsbA
HB2746 Enrolled                               LRB9008778NTsbA
 1        AN ACT concerning property, amending named Acts.
 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:
 4        Section  5.   The  Illinois  Municipal Code is amended by
 5    changing Section 11-90-5 as follows:
 6        (65 ILCS 5/11-90-5)
 7        Sec.  11-90-5.  The  Capital  City  Railroad   Relocation
 8    Authority; transfer of property and powers.
 9        (a)  Effective December 31, 1996:
10             (1)  All of the property still vested in the Capital
11        City  Railroad  Relocation  Authority  on  that  date for
12        Useable Segment 3 shall thereupon vest  in  the  City  of
13        Springfield,   which   shall  have  the  power  to  sell,
14        transfer, exchange, or assign that property as  it  shall
15        deem  appropriate,  subject  to  the  agreements that the
16        Authority had entered into with respect to that property;
17        and
18             (2)  All  of  the  statutory  powers   and   duties,
19        including  but  not  limited  to  the  power  to  acquire
20        property  exchanged  by  the  railroads  for the railroad
21        right-of-way acquired  by  the  Authority  and  to  sell,
22        transfer,  exchange,  or assign property as it shall deem
23        appropriate, which the Authority  had  to  implement  the
24        agreements  that  it  entered into for Useable Segment 3,
25        are transferred to  the  City  of  Springfield  only  for
26        implementation of those agreements and subject to them.
27        (b)  Once   the   City   of   Springfield  has  completed
28    transactions required to perform the agreements  referred  to
29    in subdivisions (1) and (2) of subsection (a), its powers and
30    duties under this Section shall terminate.
31        (c)  The  City  of  Springfield  shall obtain a certified
HB2746 Enrolled            -2-                LRB9008778NTsbA
 1    copy  of  the  portions  of  this  amendatory  Act  of   1996
 2    containing  the  title,  the  enacting  clause, the effective
 3    date, and this Section and the appropriate land  descriptions
 4    of  property  to  be  transferred  within  60  days after its
 5    effective date and shall record the certified document in the
 6    Recorder's Office of Sangamon County.
 7        (d)  If this Section  takes  effect  after  December  31,
 8    1996, then its provisions apply retrospectively from December
 9    31, 1996.
10        (e)  This  Section  is repealed on June 30, 1999 June 30,
11    1998.
12    (Source: P.A. 89-699, eff. 1-16-97.)
13        Section 10.  The Illinois  Highway  Code  is  amended  by
14    changing Section 4-508 as follows:
15        (605 ILCS 5/4-508) (from Ch. 121, par. 4-508)
16        Sec.   4-508.    (a) Except  as  provided  in  paragraphs
17    paragraph (c) and (d) of this Section,  and  subject  to  the
18    written  approval of the Governor, the Department may dispose
19    of, by public sale, at auction or by sealed bids,  any  land,
20    rights  or  other  properties, real or personal, acquired for
21    but no  longer  needed  for  highway  purposes  or  remanents
22    acquired under the provisions of Section 4-501, provided that
23    no  such  sale  may  be made for less than the fair appraised
24    value of such land, rights, or property.
25        (b)  Except as provided in paragraphs paragraph  (c)  and
26    (d)  of  this Section, and subject to the written approval of
27    the Governor, the Department may exchange any land, rights or
28    property no longer needed for highway purposes, or remanents,
29    acquired under the provisions of Section 4-501 of  this  Code
30    for  equivalent  interests in land, rights or property needed
31    for  highway  purposes.  Where  such  interests  are  not  of
32    equivalent value  cash  may  be  paid  or  received  for  the
HB2746 Enrolled            -3-                LRB9008778NTsbA
 1    difference in value.
 2        (c)  If at the time any property previously determined by
 3    the  Department to be needed for highway purposes is declared
 4    no longer needed for such purposes, and the person from  whom
 5    such  property  was  acquired still owns and has continuously
 6    owned land abutting such property since  the  acquisition  by
 7    the  Department, the Department before making any disposition
 8    of that property shall first offer in writing  that  property
 9    to  the  person  from  whom such property was acquired at the
10    current appraised value of the property.   If  the  offer  is
11    accepted in writing within 60 days of the date of the written
12    offer, the Department, subject to the written approval of the
13    Governor,  is  authorized  to dispose of such property to the
14    person from whom such property was acquired upon  payment  of
15    the appraised value.  If the offer is not accepted in writing
16    within  60  days of the date of the written offer, all rights
17    under this paragraph shall terminate.
18        (d)  If the Department enters into  or  currently  has  a
19    written  contract  with  another  highway  authority  for the
20    transfer of jurisdiction of any highway or  portion  thereof,
21    the Department is authorized to convey, without compensation,
22    any  land,  dedications,  easements,  access  rights,  or any
23    interest in the real estate that it holds  to  that  specific
24    highway  or  portion thereof to the highway authority that is
25    accepting or has accepted jurisdiction.  However, no part  of
26    the  transferred  property  can  be  vacated  or  disposed of
27    without the approval of the  Department,  which  may  require
28    compensation for non-public use.
29    (Source: P.A. 83-312.)
30        Section   99.  Effective  date.   This  Section  and  the
31    changes to Section 11-90-5 of  the  Illinois  Municipal  Code
32    take effect upon becoming law.

[ Top ]