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90_HB3789
605 ILCS 10/7.5 new
605 ILCS 10/14 from Ch. 121, par. 100-14
605 ILCS 10/14.2 from Ch. 121, par. 100-14.2
605 ILCS 10/14.3 new
605 ILCS 10/14.4 new
605 ILCS 10/14.5 new
605 ILCS 10/14.6 new
605 ILCS 10/14.7 new
605 ILCS 10/19 from Ch. 121, par. 100-19
765 ILCS 205/9 from Ch. 109, par. 9
Amends the Toll Highway Act and the Plat Act. Requires
the Toll Highway Authority to prepare a preliminary plan for
any proposed corridor and to hold public hearings and receive
approval of the Governor and the General Assembly before
acquiring property. Requires creation of a local advisory
committee. Sets out procedures for seeking approval of the
plan. Provides procedures for acquiring property and paying
compensation and costs. Requires a 3/5 vote of the General
Assembly by joint resolution for the Authority to raise toll
charges. Amends the Plat Act regarding the recording of the
plat for the proposed corridor. Requires the Authority to
sell the property if construction on the property has not
begun in 2 years after recording the plat. Makes other
changes.
LRB9011404OBpkA
LRB9011404OBpkA
1 AN ACT concerning toll highways, 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 Toll Highway Act is amended by changing
5 Sections 14, 14.2, 17, 19, and 24 and adding Sections 7.5,
6 14.3, 14.4, 14.5, 14.6, and 14.7 as follows:
7 (605 ILCS 10/7.5 new)
8 Sec. 7.5. Public comments at board meetings. The board
9 of directors shall set aside a portion of each meeting of the
10 board that is open to the public pursuant to the provisions
11 of the Open Meetings Act during which members of the public
12 who are present at the meeting may comment on any subject.
13 (Source: Laws 1967, p. 2748.)
14 (605 ILCS 10/14) (from Ch. 121, par. 100-14)
15 Sec. 14. (a) The Authority shall, prior to the
16 commencement of any engineering and traffic study or studies
17 to determine the feasibility of constructing additional toll
18 highways within the State of Illinois, submit to the Governor
19 for his approval, the route, or routes, proposed for
20 additional toll highways together with an estimate of the
21 cost of the proposed study or studies. If the Governor shall
22 approve such proposed study or studies and the estimated cost
23 thereof, or shall fail to disapprove such proposed study or
24 studies and estimate of cost thereof, within 30 days after
25 receipt thereof, the Authority may, thereupon, proceed with
26 such study or studies. Following the completion of the study
27 or studies the Authority must prepare a preliminary plan that
28 defines the boundaries of any proposed protected corridors.
29 This preliminary plan must be the subject of a public hearing
30 and approved by the Governor and the General Assembly
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1 pursuant to Section 14.2 of this Act before a protected
2 corridor may be established.
3 (b) The Authority shall create a local advisory
4 committee of members from each county in which any portion of
5 an additional toll highway is proposed to be constructed.
6 The committee members shall be designated by township and
7 municipal governing bodies in proportion to the percentage of
8 corridor property situated within the unincorporated area of
9 a township and incorporated municipalities located in the
10 same township. No less than 50% of the members of this
11 committee shall be representatives of organized citizen
12 groups directly affected by the proposed corridor. All
13 meetings shall be held in compliance with the Open Meetings
14 Act. The committee shall consider and advise the Authority
15 with respect to the impact on property owners, land use, and
16 other impacts of the proposed highway.
17 (Source: Laws 1967, p. 2748.)
18 (605 ILCS 10/14.2) (from Ch. 121, par. 100-14.2)
19 Sec. 14.2. Approval of plans for protected corridor.
20 Prior to submission of a preliminary plan to the Governor and
21 the General Assembly for approval, the Authority shall hold a
22 public hearing at which any person may appear, express
23 opinions, suggestions, or objections, or direct inquiries
24 relating to the proposed protected corridor map. A hearing
25 shall be held in each county in which a protected corridor
26 map is to be recorded and shall be attended by at least 5
27 directors. The Authority shall send a notice to all property
28 owners within the protected corridor by registered mail. The
29 notice shall explain the Authority's proposal to establish a
30 protected corridor, how the property owners will be affected,
31 and the date, time, and location of the hearing. Property
32 owners shall receive the notice at least 15 days prior to the
33 date of the hearing. In addition, the Authority shall give
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1 notice of the hearing by advertisement on 3 successive days
2 at least 15 days prior to the date of the hearing in a daily
3 newspaper of general circulation within the county where the
4 hearing will be held.
5 The proceedings at the hearing shall be transcribed. The
6 transcript shall thereafter be made available at reasonable
7 hours for public inspection and a copy of the transcript
8 together with a copy of all written statements submitted at
9 the hearing, shall be submitted to the Governor, the
10 President and Minority Leader of the Senate and the Speaker
11 and Minority Leader of the House of Representatives with the
12 Authority's recommendation for the establishment of a
13 protected corridor.
14 Within 90 days of receiving the Authority's preliminary
15 plans for a protected corridor, along with all written
16 transcripts and materials from the public hearing, the
17 Governor must approve or disapprove the proposed corridor.
18 Failure to make a determination is disapproval. After the
19 Governor has approved the protected corridor, the General
20 Assembly must also approve the proposed plans through the
21 adoption of the Joint Resolution.
22 After the adoption of a Joint Resolution authorizing the
23 establishment of a protected corridor, the corridor may be
24 established by the recording of a plat under Section 9 of the
25 Plat Act. The Authority may not shift, change, or alter the
26 boundaries of the protected corridor without receiving the
27 authorization of the General Assembly through the adoption of
28 a Joint Resolution. Prior to submission of preliminary plans
29 to the Governor, the Authority shall hold a public hearing at
30 which any person may appear, express opinions, suggestions or
31 objections or direct inquiries relating to the proposed toll
32 highway to the Directors. Any person may submit a written
33 statement to the Authority at the hearing, whether appearing
34 in person or not. The hearing shall be held in a county
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1 through which the proposed toll highway is to be constructed
2 and shall be attended by at least 5 Directors. The Authority
3 shall give notice of the hearing by advertisement on three
4 successive days at least 15 days prior to the date of the
5 hearing in a daily newspaper published in and of general
6 circulation in each county through which the proposed toll
7 highway is to be constructed or, if there be no such
8 newspaper, then in a daily newspaper of general circulation
9 in the county. Such notice shall state the date, time and
10 place of the hearing, the route of the proposed toll highway,
11 the municipalities to be afforded immediate access thereto,
12 and the estimated cost of the proposed toll highway. The
13 proceedings at the hearing shall be transcribed, the
14 transcript shall thereafter be made available at reasonable
15 hours for public inspection and a copy thereof together with
16 a copy of all written statements submitted at the hearing,
17 shall be submitted to the Governor with the Authority's
18 preliminary plans.
19 (Source: P.A. 81-1363.)
20 (605 ILCS 10/14.3 new)
21 Sec. 14.3. Acquisition of property.
22 (a) The Authority shall make every effort to acquire
23 property by negotiation. As soon as feasible, the property
24 owner shall be notified of the Authority's interest in
25 acquiring the property and the property owners' rights.
26 Prior to the initiation of negotiations, the Authority shall
27 secure an appraisal of the property. The appraisal shall be
28 conducted by a State certified general real estate appraiser
29 as defined in Section 36.1 of the Real Estate License Act of
30 1983. The appraiser shall take into consideration what the
31 value of the property would be in a comparable neighborhood
32 which is not located in a protected highway corridor. The
33 owner or the owner's designated representative shall be given
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1 an opportunity to accompany the appraiser during the
2 appraiser's inspection of the property.
3 Prior to the initiation of negotiations, the Authority
4 shall establish an amount that it believes is just
5 compensation for the property. The amount shall not be less
6 than the appraisal of the fair market value of the property.
7 Promptly thereafter, the Authority shall make a written offer
8 to the owner to acquire the property for the full amount
9 believed to be just compensation. Along with the initial
10 written purchase offer, the owner shall be given a written
11 statement of the basis for the offer, which shall include the
12 following:
13 (1) A statement of the amount offered as just
14 compensation, including a copy of the appraisal. In the
15 case of a partial acquisition, the compensation for the
16 property to be acquired and the compensation for damages,
17 if any, to the remaining real property shall be
18 separately stated.
19 (2) A description and location identification of
20 the property and the interest in the property to be
21 acquired.
22 (3) An identification of the buildings, structures,
23 and other improvements that are considered to be part of
24 the property for which the offer of just compensation is
25 made.
26 (4) An explanation of the Authority's acquisition
27 policies and procedures, including its payment of
28 incidental expenses.
29 (b) The Authority shall make every reasonable effort to
30 contact the owner or the owner's representative and discuss
31 its offer to purchase the property. The owner shall be given
32 every reasonable opportunity to consider the offer and
33 present material that the owner believes is relevant to
34 determining the value of the property, including an appraisal
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1 obtained by the owner from a State certified general real
2 estate appraiser, and to suggest modifications in the
3 proposed terms and conditions of the purchase. The
4 Authority shall pay for the cost of the owner's appraisal.
5 The Authority shall give due consideration to the owner's
6 presentation. The Authority shall not advance the time of
7 condemnation or defer negotiations or take any coercive
8 action in order to induce an agreement on the price to be
9 paid for the property. The Authority shall not require any
10 person to move without at least 90 days written notice. The
11 Authority shall not require any person to move more than 30
12 days prior to the date of the beginning of construction.
13 (605 ILCS 10/14.4 new)
14 Sec. 14.4. Expenses incidental to transfer of title.
15 The owner of property to be acquired by the Authority shall
16 be reimbursed for all reasonable expenses the owner
17 necessarily incurred for:
18 (1) reasonable attorneys' fees and all legal
19 expenses incurred with regard to property acquisition;
20 (2) closing and related costs, recording fees,
21 transfer taxes, documentary stamps, evidence of title,
22 boundary surveys, legal descriptions of the property, and
23 similar expenses incidental to conveying the real
24 property of the Authority;
25 (3) penalty costs and other charges for prepayment
26 of any preexisting recorded mortgage entered into in good
27 faith encumbering the property;
28 (4) the pro-rata portion of any prepaid real
29 property taxes that are allocable to the period after the
30 Authority obtains title to the property or effective
31 possession of it, whichever is earlier; and
32 (5) the increased interest costs and other debt
33 service costs that are incurred in connection with the
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1 mortgage on the replacement dwelling.
2 Whenever feasible, the Authority shall pay these costs
3 directly so that the owner will not have to pay these costs
4 and then seek reimbursement from the Authority.
5 (605 ILCS 10/14.5 new)
6 Sec. 14.5. Owner retention of displacement dwelling and
7 other items.
8 (a) The owner of property to be acquired by the
9 Authority shall have the option of retaining his or her
10 dwelling for the purpose of relocating it to a replacement
11 site, if relocation is feasible. If the owner retains
12 ownership of his or her dwelling, moves it from the
13 displacement site, and reoccupies it on a replacement site,
14 the Authority shall pay: (i) the cost of moving if the
15 relocation site is within 5 miles of the displacement site,
16 (ii) the cost of restoring the dwelling to a condition
17 comparable to that prior to the move, and (iii) the appraised
18 value of the land from which the dwelling was moved.
19 (b) The owner of property to be acquired by the
20 Authority shall have the right to retain ownership of a
21 dwelling's cabinets, moldings, and fixtures. If the
22 Authority acquires the dwelling, the property owner may
23 remove cabinets, moldings, and fixtures if stipulated in the
24 agreement to purchase the property.
25 (605 ILCS 10/14.6 new)
26 Sec. 14.6. Condemnation proceeding expenses. The owner
27 of property to be acquired by the Authority shall be
28 reimbursed for any reasonable expenses, including reasonable
29 attorney, appraisal, and engineering fees, that the owner
30 actually incurred because of a condemnation proceeding if:
31 (1) the final judgement of the court is that the
32 Authority cannot acquire the property by condemnation;
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1 (2) the condemnation proceeding is abandoned by the
2 Authority other than under an agreed-upon settlement; or
3 (3) the court renders a judgement in favor of the
4 owner or the Authority effects a settlement of the
5 proceeding.
6 (605 ILCS 10/14.7 new)
7 Sec. 14.7. Comparable replacement dwelling; additional
8 or supplemental housing payment. Whenever the cost of a
9 comparable replacement dwelling is greater than what the
10 Authority paid the property owner, the Authority shall
11 provide additional or supplemental housing payments. No
12 person shall be required to move from a dwelling unless
13 comparable replacement housing is available to the person.
14 The total of additional or supplemental housing payments to a
15 property owner under this Section shall not exceed $25,000.
16 (605 ILCS 10/19) (from Ch. 121, par. 100-19)
17 Sec. 19. The Authority shall fix and revise from time to
18 time, tolls or charges or rates for the privilege of using
19 each of the toll highways constructed pursuant to this Act.
20 However, any increase in tolls shall be subject to the prior
21 approval of the General Assembly by a joint resolution
22 adopted by a three-fifths majority in each house. Any
23 increase approved by the General Assembly must meet the
24 notification requirements pursuant to paragraph (c) of
25 Section 11 of this Act. Such tolls shall be so fixed and
26 adjusted at rates calculated to provide the lowest reasonable
27 toll rates that will provide funds sufficient with other
28 revenues of the Authority to pay, (a) the cost of the
29 construction of a toll highway authorized by joint resolution
30 of the General Assembly pursuant to Section 14.1 and the
31 reconstruction, major repairs or improvements of toll
32 highways, (b) the cost of maintaining, repairing, regulating
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1 and operating the toll highways including only the necessary
2 expenses of the Authority, and (c) the principal of all
3 bonds, interest thereon and all sinking fund requirements and
4 other requirements provided by resolutions authorizing the
5 issuance of the bonds as they shall become due. The use and
6 disposition of any sinking or reserve fund shall be subject
7 to such regulation as may be provided in the resolution or
8 trust indenture authorizing the issuance of the bonds.
9 Subject to the provisions of any resolution or trust
10 indenture authorizing the issuance of bonds any moneys in any
11 such sinking fund in excess of an amount equal to one year's
12 interest on the bonds then outstanding secured by such
13 sinking fund may be applied to the purchase or redemption of
14 bonds. All such bonds so redeemed or purchased shall
15 forthwith be cancelled and shall not again be issued. No
16 person shall be permitted to use any toll highway without
17 paying the toll established under this Section except when on
18 official Toll Highway Authority business which includes
19 police and other emergency vehicles. However, any law
20 enforcement agency vehicle, fire department vehicle, or other
21 emergency vehicle that is plainly marked shall not be
22 required to pay a toll to use a toll highway. A law
23 enforcement, fire protection, or emergency services officer
24 driving a law enforcement, fire protection, or emergency
25 services agency vehicle that is not plainly marked must
26 present an Official Permit Card which the law enforcement,
27 fire protection, or emergency services officer receives from
28 his or her law enforcement, fire protection, or emergency
29 services agency in order to use a toll highway without paying
30 the toll. A law enforcement, fire protection, or emergency
31 services agency must apply to the Authority to receive a
32 permit, and the Authority shall adopt rules for the issuance
33 of a permit, that allows all law enforcement, fire
34 protection, or emergency services agency vehicles of the law
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1 enforcement, fire protection, or emergency services agency
2 that are not plainly marked to use any toll highway without
3 paying the toll established under this Section. The Authority
4 shall maintain in its office a list of all persons that are
5 authorized to use any toll highway without charge when on
6 official business of the Authority and such list shall be
7 open to the public for inspection.
8 Among other matters, this amendatory Act of 1990 is
9 intended to clarify and confirm the prior intent of the
10 General Assembly to allow toll revenues from the toll highway
11 system to be used to pay a portion of the cost of the
12 construction of the North-South Toll Highway authorized by
13 Senate Joint Resolution 122 of the 83rd General Assembly in
14 1984.
15 (Source: P.A. 90-152, eff. 7-23-97.)
16 Section 10. The Plat Act is amended by changing Section
17 9 as follows:
18 (765 ILCS 205/9) (from Ch. 109, par. 9)
19 Sec. 9. Whenever any highway, road, street, alley,
20 public ground, toll-road, railroad, reservoir or canal is
21 laid out, located, opened, widened or extended, or its
22 location altered, it is the duty of the commissioners,
23 authorities, officers, persons or corporations, public or
24 private, laying out, locating, opening, widening, extending
25 or altering the same, to make a plat, showing its width,
26 courses and extent, and making reference to known and
27 established corners or monuments. When the location of a
28 subdivision, lots or parcel within a subdivision, tract,
29 highway, road, street, alley, public ground, toll-road,
30 railroad, reservoir or canal is known either by established
31 corners or adequate, existing records, the monument or
32 monuments shall be located and referenced either by or under
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1 the direction of a Registered Land Surveyor at the time such
2 highway, road, street, alley, public ground, toll-road,
3 railroad, reservoir or canal is laid out, located, widened or
4 extended, or its location altered. Suitable permanent
5 monuments shall be reset in the surface of new construction
6 or permanent witness monuments set to perpetuate their
7 location and certified as correct by a Registered Land
8 Surveyor. The plat shall be recorded in the office of the
9 recorder of the county in which the premises are taken or
10 used, or any part thereof, are situated, or in case of land
11 the title to which is registered under "An Act concerning
12 land titles", approved May 1, 1897, as amended, to be filed
13 in the office of the registrar of titles for the county,
14 within 6 months after such highway, road, street, alley,
15 public ground, toll-road, railroad, reservoir or canal is
16 laid out, located, opened, widened, or extended, or the
17 location thereof altered and when any highway, road, street,
18 alley, public ground, toll-road, railroad, reservoir or canal
19 is vacated, the order, ordinance or other declaration of
20 vacation must be in like manner recorded or filed. The
21 recorder or registrar of titles shall not record or register
22 a plat offered for recording or registration after October 1,
23 1977, unless such plat is at least 8 1/2 inches by 14 inches
24 but not more than 30 inches by 36 inches. Sufficient
25 controlling monuments shall be retained or replaced in their
26 original positions or reference monuments established from
27 original controlling monuments, so as to enable land lines,
28 property corners or tract boundaries to be re-established
29 without surveys based on monuments differing from the ones
30 which currently control the area. Every land surveyor is
31 under a duty to cooperate in matters of maps, field notes and
32 other pertinent records. This Act shall not be construed to
33 alter or affect any law specifically providing for the
34 recording or filing of any plat, or to require the same to be
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1 recorded or filed sooner than is so specifically provided;
2 except that any requirements to record or file such plat in
3 any other place than is provided herein do not excuse the
4 parties from complying with this Act. Any party who refuses
5 or neglects to comply with this Section shall be guilty of a
6 petty offense for every month he continues in such refusal or
7 neglect after conviction, to be recovered by an action in the
8 circuit court of the county, in the name of the county, 1/2
9 to the use of the county and the other 1/2 to the use of the
10 person complaining.
11 The provisions of this Section shall not apply to a
12 railroad subject to the jurisdiction of the Interstate
13 Commerce Commission or any abandonment of all or a portion of
14 such railroad, except that the provisions of this Section
15 shall apply to the construction of a new line of railroad.
16 When the Illinois State Toll Highway Authority
17 establishes a protected corridor by making and recording a
18 plat pursuant to this Section, the Illinois State Toll
19 Highway Authority shall begin construction within 2 years of
20 the recording of the plat. If the Illinois State Toll
21 Highway Authority fails to begin construction within the
22 2-year period, the Illinois State Toll Highway Authority
23 shall sell, at fair market value, all property or
24 rights-of-way it has acquired in the corridor, provided
25 however that the former owner of the property or
26 rights-of-way shall be given the initial opportunity to
27 purchase the property or rights-of-way. If for any reason
28 the Illinois State Toll Highway Authority determines that it
29 is necessary to alter, change, or shift the boundaries of the
30 protected corridor, the starting date of the 2-year period
31 shall remain the date of the recording of the original plat.
32 (Source: P.A. 88-81.)