State of Illinois
90th General Assembly
Legislation

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90_HB3459

      New Act
          Creates the  Transportation  and  Toll  Highway  Property
      Transaction  Act.   Requires the Department of Transportation
      and the Illinois State Toll Highway Authority to disclose  to
      the  Department  of  Central  Management Services information
      concerning the  acquisition  of  real  property  using  State
      moneys, including the identity of the owners, the fair market
      value,  the purchase price, the bidding method, and the State
      use.  Requires that the price  at  which  the  Department  of
      Transportation  sells  real  property  to  the  Toll  Highway
      Authority  be  within  5% of its fair market value.  Requires
      that the fair market values of real properties  exchanged  by
      the Department and the Authority be within 5% of each other.
                                                     LRB9011048JMcd
                                               LRB9011048JMcd
 1        AN  ACT  concerning  property transactions of and between
 2    the Department of Transportation and the Illinois State  Toll
 3    Highway Authority.
 4        Be  it  enacted  by  the People of the State of Illinois,
 5    represented in the General Assembly:
 6        Section 1.  Short title.  This Act may be  cited  as  the
 7    Transportation and Toll Highway Property Transaction Act.
 8        Section 5.  Definitions.  As used in this Act, unless the
 9    context requires otherwise:
10        "Authority"   means   the  Illinois  State  Toll  Highway
11    Authority.
12        "Department" means the Department of Transportation.
13        Section 10.  Acquisition disclosure.
14        (a)  The Department shall disclose to the  Department  of
15    Central Management Services all acquisitions of real property
16    purchased  on  or  after  the effective date of this Act with
17    State moneys, in whole or in part.
18        (b)  The Authority shall disclose to  the  Department  of
19    Central Management Services all acquisitions of real property
20    purchased  on  or  after  the effective date of this Act with
21    State moneys, in whole or in part.
22        (c)  The Authority shall disclose to  the  Department  of
23    Central  Management Services the acquisition of real property
24    related to the I-355 Corridor Extension for the  route  south
25    of  I-355  from I-55 to I-80 and from I-80 to I-57, purchased
26    in whole or in part  with  State  moneys,  whether  purchased
27    before, on, or after the effective date of this Act.
28        Section   15.  Form   of   acquisition  disclosure.   The
29    disclosure required under Section 10 shall be filed with  the
                            -2-                LRB9011048JMcd
 1    property  control  division  of  the  Department  of  Central
 2    Management  Services  in  a form and manner prescribed by the
 3    Department of Central Management Services.
 4        The disclosure shall include, but need not be limited to,
 5    the following:
 6             (1)  the names of the owners from whom the  property
 7        was  purchased,  including individuals and land trusts as
 8        defined in the Land Trust Beneficial Interest  Disclosure
 9        Act,  and the name and address of each beneficiary of any
10        such land trust owner;
11             (2)  the fair market value of  the  property  before
12        the sale;
13             (3)  the purchase price;
14             (4)  the bidding procedures used; and
15             (5)  the  intended  State  use  or  purpose  of  the
16        property.
17        Section  20.  Department  sale  to Authority; fair market
18    value.  The price at which  the  Department  sells  any  real
19    property  to  the Authority must be within at least 5% of the
20    fair market value of that property.
21        Section 25.  Department  and  Authority  transfers.   The
22    fair  market  value  of real property transferred between the
23    Department and the Authority must be within at  least  5%  of
24    the  fair  market  value  of  real  property  transferred  in
25    exchange between the Department and the Authority.
26        Section  30.  Construction  of  Act.  The requirements of
27    this Act are in addition to, and not in substitution for, any
28    other  requirements  imposed  by  law  upon   real   property
29    transactions of the Department and Authority.

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