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92_SB0699eng SB699 Engrossed LRB9207709DHmb 1 AN ACT concerning highways. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Highway Code is amended by 5 changing Section 9-113 as follows: 6 (605 ILCS 5/9-113) (from Ch. 121, par. 9-113) 7 Sec. 9-113. (a) No ditches, drains, track, rails, poles, 8 wires, pipe line or other equipment of any public utility 9 company, municipal corporation or other public or private 10 corporation, association or person shall be located, placed 11 or constructed upon, under or along any highway, or upon any 12 township or district road, without first obtaining the 13 written consent of the appropriate highway authority as 14 hereinafter provided for in this Section. 15 (b) The State highway authority is authorized to 16 promulgate reasonable and necessary rules, regulations and 17 specifications for State highways for the administration of 18 this Section. 19 (c) In the case of non-toll federal-aid fully 20 access-controlled State highways, the State highway authority 21 shall not grant consent to the location, placement or 22 construction of ditches, drains, track, rails, poles, wires, 23 pipe line or other equipment upon, under or along any such 24 non-toll federal-aid fully access-controlled State highway, 25 which: 26 (1) would require cutting the pavement structure 27 portion of such highway for installation or, except in 28 the event of an emergency, would require the use of any 29 part of such highway right-of-way for purposes of 30 maintenance or repair. Where, however, the State highway 31 authority determines prior to installation that there is SB699 Engrossed -2- LRB9207709DHmb 1 no other access available for maintenance or repair 2 purposes, use by the entity of such highway right-of-way 3 shall be permitted for such purposes in strict accordance 4 with the rules, regulations and specifications of the 5 State highway authority, provided however, that except in 6 the case of access to bridge structures, in no such case 7 shall an entity be permitted access from the 8 through-travel lanes, shoulders or ramps of the non-toll 9 federal-aid fully access-controlled State highway to 10 maintain or repair its accommodation; or 11 (2) would in the judgment of the State highway 12 authority, endanger or impair any such ditches, drains, 13 track, rails, poles, wires, pipe lines or other equipment 14 already in place; or 15 (3) would, if installed longitudinally within the 16 access control lines of such highway, be above ground 17 after installation except that the State highway 18 authority may consent to any above ground installation 19 upon, under or along any bridge, interchange or grade 20 separation within the right-of-way which installation is 21 otherwise in compliance with this Section and any rules, 22 regulations or specifications issued hereunder; or 23 (4) would be inconsistent with Federal law or with 24 rules, regulations or directives of appropriate Federal 25 agencies. 26 (d) In the case of accommodations upon, under or along 27 non-toll federal-aid fully access-controlled State highways 28 the State highway authority may charge an entity reasonable 29 compensation for the right of that entity to longitudinally 30 locate, place or construct ditches, drains, track, rails, 31 poles, wires, pipe line or other equipment upon, under or 32 along such highway. Such compensation may include in-kind 33 compensation. 34 Where the entity applying for use of a non-toll SB699 Engrossed -3- LRB9207709DHmb 1 federal-aid fully access-controlled State highway 2 right-of-way is a public utility company, municipal 3 corporation or other public or private corporation, 4 association or person, such compensation shall be based upon 5 but shall not exceed a reasonable estimate by the State 6 highway authority of the fair market value of an easement or 7 leasehold for such use of the highway right-of-way. Where 8 the State highway authority determines that the applied-for 9 use of such highway right-of-way is for private land uses by 10 an individual and not for commercial purposes, the State 11 highway authority may charge a lesser fee than would be 12 charged a public utility company, municipal corporation or 13 other public or private corporation or association as 14 compensation for the use of the non-toll federal-aid fully 15 access-controlled State highway right-of-way. In no case 16 shall the written consent of the State highway authority give 17 or be construed to give any entity any easement, leasehold or 18 other property interest of any kind in, upon, under, above or 19 along the non-toll federal-aid fully access-controlled State 20 highway right-of-way. 21 Where the compensation from any entity is in whole or in 22 part a fee, such fee may be reasonably set, at the election 23 of the State highway authority, in the form of a single lump 24 sum payment or a schedule of payments. All such fees charged 25 as compensation may be reviewed and adjusted upward by the 26 State highway authority once every 5 years provided that any 27 such adjustment shall be based on changes in the fair market 28 value of an easement or leasehold for such use of the 29 non-toll federal-aid fully access-controlled State highway 30 right-of-way. All such fees received as compensation by the 31 State highway authority shall be deposited in the Road Fund. 32 (e) Any entity applying for consent shall submit such 33 information in such form and detail to the appropriate 34 highway authority as to allow the authority to evaluate the SB699 Engrossed -4- LRB9207709DHmb 1 entity's application. In the case of accommodations upon, 2 under or along non-toll federal-aid fully access-controlled 3 State highways the entity applying for such consent shall 4 reimburse the State highway authority for all of the 5 authority's reasonable expenses in evaluating that entity's 6 application, including but not limited to engineering and 7 legal fees. 8 (f) Any ditches, drains, track, rails, poles, wires, 9 pipe line or other equipment located, placed or constructed 10 upon, under or along a State highway with the consent of the 11 State highway authority under this Section shall, upon 12 written notice by the State, highway authority be subject to 13 removal, relocation or modification at no expense to the 14 State highway authority when and as deemed necessary by the 15 State highway authority for highway or highway safety 16 purposes. If, within 60 days after receipt of such written 17 notice, arrangements are not made satisfactory to the State 18 highway authority for such removal, relocation or 19 modification, the State highway authority may remove, 20 relocate or modify such ditches, drains, track, rails, poles, 21 wires, pipe line or other equipment and bill the owner 22 thereof for the total cost of such removal, relocation or 23 modification. The State highway authority shall determine 24 the terms of payment of those costs provided that all costs 25 billed by the State highway authority shall not be made 26 payable over more than a 5 year period from the date of 27 billing. This paragraph shall not be construed to prohibit 28 the State highway authority from paying any part of the cost 29 of removal, relocation or modification where such payment is 30 otherwise provided for by State or federal statute or 31 regulation. If 90 days after written notice was given, the 32 ditches, drains, track, rails, poles, pipes, lines, or other 33 equipment have not been removed, relocated, or modified to 34 the satisfaction of the State highway authority, the owner of SB699 Engrossed -5- LRB9207709DHmb 1 the drains, track, rails, poles, pipes, lines, or other 2 equipment located along the State highway is in breach of the 3 written consent and is subject to liquidated damages of not 4 more than $500 per day. Neither the State nor any contractor 5 hired by the State under this subsection (f) to remove, 6 relocate, or modify the drains, track, rails, poles, pipes, 7 lines, or other equipment located along the State highway is 8 liable or responsible for any resulting injury to persons or 9 damage to property. 10 (g) It shall be the sole responsibility of the entity, 11 without expense to the State highway authority, to maintain 12 and repair its ditches, drains, track, rails, poles, wires, 13 pipe line or other equipment after it is located, placed or 14 constructed upon, under or along any State highway and in no 15 case shall the State highway authority thereafter be liable 16 or responsible to the entity for any damages or liability of 17 any kind whatsoever incurred by the entity or to the entity's 18 ditches, drains, track, rails, poles, wires, pipe line or 19 other equipment. 20 (h) Upon receipt of an application therefor, consent to 21 so use a highway may be granted subject to such terms and 22 conditions not inconsistent with this Code as the highway 23 authority deems for the best interest of the public. The 24 petitioner shall pay to the owners of property abutting upon 25 the affected highways established as though by common law 26 plat all damages the owners may sustain by reason of such use 27 of the highway, such damages to be ascertained and paid in 28 the manner provided by law for the exercise of the right of 29 eminent domain. 30 (i) Such consent shall be granted by the Department in 31 the case of a State highway; by the county board or its 32 designated county superintendent of highways in the case of a 33 county highway; by either the highway commissioner or the 34 county superintendent of highways in the case of a township SB699 Engrossed -6- LRB9207709DHmb 1 or district road, provided that if consent is granted by the 2 highway commissioner, the petition shall be filed with the 3 commissioner at least 30 days prior to the proposed date of 4 the beginning of construction, and that if written consent is 5 not given by the commissioner within 30 days after receipt 6 of the petition, the applicant may make written application 7 to the county superintendent of highways for consent to the 8 construction. This Section does not vitiate, extend or 9 otherwise affect any consent granted in accordance with law 10 prior to the effective date of this Code to so use any 11 highway. 12 (j) Nothing in this Section shall limit the right of a 13 highway authority to permit the location, placement or 14 construction or any ditches, drains, track, rails, poles, 15 wires, pipe line or other equipment upon, under or along any 16 highway or road as a part of its highway or road facilities 17 or which the highway authority determines is necessary to 18 service facilities required for operating the highway or 19 road, including rest areas and weigh stations. 20 (k) Paragraphs (c) and (d) of this Section shall not 21 apply to any accommodation located, placed or constructed 22 with the consent of the State highway authority upon, under 23 or along any non-toll federal-aid fully access-controlled 24 State highway prior to July 1, 1984, provided that 25 accommodation was otherwise in compliance with the rules, 26 regulations and specifications of the State highway 27 authority. 28 (l) The consent to be granted pursuant to this Section 29 by the appropriate highway authority shall be effective only 30 to the extent of the property interest of the State or 31 government unit served by that highway authority. Such 32 consent shall not be binding on any owner of the fee over or 33 under which the highway or road is located and shall not 34 otherwise relieve the entity granted that consent from SB699 Engrossed -7- LRB9207709DHmb 1 obtaining by purchase, condemnation or otherwise the 2 necessary approval of any owner of the fee over or under 3 which the highway or road is located. This paragraph shall 4 not be construed as a limitation on the use for highway or 5 road purposes of the land or other property interests 6 acquired by the public for highway or road purposes, 7 including the space under or above such right-of-way. 8 (Source: P.A. 85-540.)