92nd General Assembly
Summary of HB5592
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House Sponsors:
JONES,JOHN-DAVIS,STEVE.

Senate Sponsors:
DILLARD

Short description: 
TWP CD-HIGHWAYS-UTILITIES                                                  

Synopsis of Bill as introduced:
        Amends the  Township  Code.   Provides  that  a  private  utility      
   company may, with the approval of the highway commissioner, construct,      
   maintain,  alter,  repair,  and  extend  its  pipes,  mains,  ditches,      
   conduits,  sewers,  and  drains  along,  upon,  under,  and across any      
   highways, streets, alleys, or public grounds in the township, but  not      
   in a manner permanently interfering with their public use.                  
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          60 ILCS 205-45                                                       
          Adds reference to:                                                   
          605 ILCS 5/9-113                from Ch. 121, par. 9-113             
          765 ILCS 5/7a                   from Ch. 30, par. 6a                 
        Deletes everything. Amends the Illinois  Highway  Code.  Provides      
   that if the property subject to a highway right-of-way is not owned by      
   the  owners  of the abutting property, then any damages for installing      
   equipment upon, under, or along the highway must be paid to the person      
   who has paid real estate taxes for the property as  reflected  in  the      
   county  tax records. If no person has paid real estate taxes, then the      
   facilities may be installed without payment of any  damages.  Provides      
   that  the  consent  for  the  installation  is binding on any abutting      
   property owner whose  property  boundary  ends  at  the  right-of-way.      
   Amends  the  Conveyances  Act.  Provides  that  the  term "conveyance"      
   expressly excludes a road, street, highway,  or  alley  if  the  legal      
   description  of  the  property  uses the boundary of the road, street,      
   highway, or alley closest to the property being conveyed as a boundary      
   of the property being conveyed.                                             
        SENATE AMENDMENT NO. 1.                                                
        Provides that a public utility must pay for any  physical  damage      
   it  causes  to  improvements  lawfully  located  in  a road or highway      
   right-of-way. Provides that property that  includes  a  portion  of  a      
   highway  or  road  but  is subject to the highway or road shall not be      
   considered to "end" at the highway or road. Provides  that  a  utility      
   must  obtain  consent  to  use  a  road  or highway for public utility      
   purposes from a lawful owner of the roadway or highway property  (i.e.      
   a  person  whose  deed  of  conveyance lawfully includes the property,      
   whether or not made subject to the highway or road) who does  not  pay      
   taxes  by reason of the farmland assessment provisions of the Property      
   Tax Code. Provides that the term  "conveyance"  expressly  excludes  a      
   road,  street,  highway,  or  alley if the legal description expressly      
   states that the road, street, highway, or alley is excepted  from  the      
   property  being  conveyed.  Provides  that  the rights accruing to the      
   abutting property owner  under  this  Act  shall  be  subject  to  all      
   existing  uses and easements located within the right-of-way and shall      
   also be subject to such future uses and easements as may be  permitted      
   to  be  located  within  the  right-of-way under the provisions of the      
   Illinois Highway Code.  Makes other changes.                                
 
Last action on Bill: SESSION SINE DIE

   Last action date: JAN-07-2003

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   1


   END OF INQUIRY 



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