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90_HB2754
605 ILCS 5/9-113 from Ch. 121, par. 9-113
Amends the Illinois Highway Code general highway
provisions to prohibit ditches, drains, tracks, poles, or
other equipment from being placed within 20 feet of the
right-of-way of a highway or a township or district road
without the written consent of the appropriate highway
authority.
LRB9009433OBpc
LRB9009433OBpc
1 AN ACT to amend the Illinois Highway Code by changing
2 Section 9-113.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Highway Code is amended by
6 changing Section 9-113 as follows:
7 (605 ILCS 5/9-113) (from Ch. 121, par. 9-113)
8 Sec. 9-113. Use of highway right-of-way; consent of
9 highway authority.
10 (a) No ditches, drains, track, rails, poles, wires, pipe
11 line or other equipment of any public utility company,
12 municipal corporation or other public or private corporation,
13 association or person shall be located, placed or constructed
14 upon, under or along any highway, or upon any township or
15 district road, or within 20 feet of the established
16 right-of-way of a highway or a township or district road
17 without first obtaining the written consent of the
18 appropriate highway authority as hereinafter provided for in
19 this Section.
20 (b) The State highway authority is authorized to
21 promulgate reasonable and necessary rules, regulations and
22 specifications for State highways for the administration of
23 this Section.
24 (c) In the case of non-toll federal-aid fully
25 access-controlled State highways, the State highway authority
26 shall not grant consent to the location, placement or
27 construction of ditches, drains, track, rails, poles, wires,
28 pipe line or other equipment upon, under or along any such
29 non-toll federal-aid fully access-controlled State highway,
30 which:
31 (1) would require cutting the pavement structure portion
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1 of such highway for installation or, except in the event of
2 an emergency, would require the use of any part of such
3 highway right-of-way for purposes of maintenance or repair.
4 Where, however, the State highway authority determines prior
5 to installation that there is no other access available for
6 maintenance or repair purposes, use by the entity of such
7 highway right-of-way shall be permitted for such purposes in
8 strict accordance with the rules, regulations and
9 specifications of the State highway authority, provided
10 however, that except in the case of access to bridge
11 structures, in no such case shall an entity be permitted
12 access from the through-travel lanes, shoulders or ramps of
13 the non-toll federal-aid fully access-controlled State
14 highway to maintain or repair its accommodation; or
15 (2) would in the judgment of the State highway
16 authority, endanger or impair any such ditches, drains,
17 track, rails, poles, wires, pipe lines or other equipment
18 already in place; or
19 (3) would, if installed longitudinally within the access
20 control lines of such highway, be above ground after
21 installation except that the State highway authority may
22 consent to any above ground installation upon, under or along
23 any bridge, interchange or grade separation within the
24 right-of-way which installation is otherwise in compliance
25 with this Section and any rules, regulations or
26 specifications issued hereunder; or
27 (4) would be inconsistent with Federal law or with
28 rules, regulations or directives of appropriate Federal
29 agencies.
30 (d) In the case of accommodations upon, under or along
31 non-toll federal-aid fully access-controlled State highways
32 the State highway authority may charge an entity reasonable
33 compensation for the right of that entity to longitudinally
34 locate, place or construct ditches, drains, track, rails,
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1 poles, wires, pipe line or other equipment upon, under or
2 along such highway. Such compensation may include in-kind
3 compensation.
4 Where the entity applying for use of a non-toll
5 federal-aid fully access-controlled State highway
6 right-of-way is a public utility company, municipal
7 corporation or other public or private corporation,
8 association or person, such compensation shall be based upon
9 but shall not exceed a reasonable estimate by the State
10 highway authority of the fair market value of an easement or
11 leasehold for such use of the highway right-of-way. Where
12 the State highway authority determines that the applied-for
13 use of such highway right-of-way is for private land uses by
14 an individual and not for commercial purposes, the State
15 highway authority may charge a lesser fee than would be
16 charged a public utility company, municipal corporation or
17 other public or private corporation or association as
18 compensation for the use of the non-toll federal-aid fully
19 access-controlled State highway right-of-way. In no case
20 shall the written consent of the State highway authority give
21 or be construed to give any entity any easement, leasehold or
22 other property interest of any kind in, upon, under, above or
23 along the non-toll federal-aid fully access-controlled State
24 highway right-of-way.
25 Where the compensation from any entity is in whole or in
26 part a fee, such fee may be reasonably set, at the election
27 of the State highway authority, in the form of a single lump
28 sum payment or a schedule of payments. All such fees charged
29 as compensation may be reviewed and adjusted upward by the
30 State highway authority once every 5 years provided that any
31 such adjustment shall be based on changes in the fair market
32 value of an easement or leasehold for such use of the
33 non-toll federal-aid fully access-controlled State highway
34 right-of-way. All such fees received as compensation by the
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1 State highway authority shall be deposited in the Road Fund.
2 (e) Any entity applying for consent shall submit such
3 information in such form and detail to the appropriate
4 highway authority as to allow the authority to evaluate the
5 entity's application. In the case of accommodations upon,
6 under or along non-toll federal-aid fully access-controlled
7 State highways the entity applying for such consent shall
8 reimburse the State highway authority for all of the
9 authority's reasonable expenses in evaluating that entity's
10 application, including but not limited to engineering and
11 legal fees.
12 (f) Any ditches, drains, track, rails, poles, wires,
13 pipe line or other equipment located, placed or constructed
14 upon, under or along a State highway with the consent of the
15 State highway authority under this Section shall, upon
16 written notice by the State, highway authority be subject to
17 removal, relocation or modification at no expense to the
18 State highway authority when and as deemed necessary by the
19 State highway authority for highway or highway safety
20 purposes. If, within 60 days after receipt of such written
21 notice, arrangements are not made satisfactory to the State
22 highway authority for such removal, relocation or
23 modification, the State highway authority may remove,
24 relocate or modify such ditches, drains, track, rails, poles,
25 wires, pipe line or other equipment and bill the owner
26 thereof for the total cost of such removal, relocation or
27 modification. The State highway authority shall determine
28 the terms of payment of those costs provided that all costs
29 billed by the State highway authority shall not be made
30 payable over more than a 5 year period from the date of
31 billing. This paragraph shall not be construed to prohibit
32 the State highway authority from paying any part of the cost
33 of removal, relocation or modification where such payment is
34 otherwise provided for by State or federal statute or
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1 regulation.
2 (g) It shall be the sole responsibility of the entity,
3 without expense to the State highway authority, to maintain
4 and repair its ditches, drains, track, rails, poles, wires,
5 pipe line or other equipment after it is located, placed or
6 constructed upon, under or along any State highway and in no
7 case shall the State highway authority thereafter be liable
8 or responsible to the entity for any damages or liability of
9 any kind whatsoever incurred by the entity or to the entity's
10 ditches, drains, track, rails, poles, wires, pipe line or
11 other equipment.
12 (h) Upon receipt of an application therefor, consent to
13 so use a highway may be granted subject to such terms and
14 conditions not inconsistent with this Code as the highway
15 authority deems for the best interest of the public. The
16 petitioner shall pay to the owners of property abutting upon
17 the affected highways established as though by common law
18 plat all damages the owners may sustain by reason of such use
19 of the highway, such damages to be ascertained and paid in
20 the manner provided by law for the exercise of the right of
21 eminent domain.
22 (i) Such consent shall be granted by the Department in
23 the case of a State highway; by the county board or its
24 designated county superintendent of highways in the case of a
25 county highway; by either the highway commissioner or the
26 county superintendent of highways in the case of a township
27 or district road, provided that if consent is granted by the
28 highway commissioner, the petition shall be filed with the
29 commissioner at least 30 days prior to the proposed date of
30 the beginning of construction, and that if written consent is
31 not given by the commissioner within 30 days after receipt
32 of the petition, the applicant may make written application
33 to the county superintendent of highways for consent to the
34 construction. This Section does not vitiate, extend or
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1 otherwise affect any consent granted in accordance with law
2 prior to the effective date of this Code to so use any
3 highway.
4 (j) Nothing in this Section shall limit the right of a
5 highway authority to permit the location, placement or
6 construction or any ditches, drains, track, rails, poles,
7 wires, pipe line or other equipment upon, under or along any
8 highway or road as a part of its highway or road facilities
9 or which the highway authority determines is necessary to
10 service facilities required for operating the highway or
11 road, including rest areas and weigh stations.
12 (k) Paragraphs (c) and (d) of this Section shall not
13 apply to any accommodation located, placed or constructed
14 with the consent of the State highway authority upon, under
15 or along any non-toll federal-aid fully access-controlled
16 State highway prior to July 1, 1984, provided that
17 accommodation was otherwise in compliance with the rules,
18 regulations and specifications of the State highway
19 authority.
20 (l) The consent to be granted pursuant to this Section
21 by the appropriate highway authority shall be effective only
22 to the extent of the property interest of the State or
23 government unit served by that highway authority. Such
24 consent shall not be binding on any owner of the fee over or
25 under which the highway or road is located and shall not
26 otherwise relieve the entity granted that consent from
27 obtaining by purchase, condemnation or otherwise the
28 necessary approval of any owner of the fee over or under
29 which the highway or road is located. This paragraph shall
30 not be construed as a limitation on the use for highway or
31 road purposes of the land or other property interests
32 acquired by the public for highway or road purposes,
33 including the space under or above such right-of-way.
34 (Source: P.A. 85-540.)