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Public Act 102-0974


 

Public Act 0974 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0974
 
HB5205 EnrolledLRB102 25108 RAM 34370 b

    AN ACT concerning property.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Highway Code is amended by
changing Section 4-508 as follows:
 
    (605 ILCS 5/4-508)  (from Ch. 121, par. 4-508)
    Sec. 4-508. (a) Except as provided in paragraphs (c) and
(d) of this Section, and subject to the written approval of the
Governor and, if required by federal law or regulation, the
Federal Highway Administration, the Department may dispose of,
by public sale, at auction or by sealed bids, any land,
dedications, easements, access rights, or any interest in the
real estate that it holds, rights or other properties, real or
personal, acquired for but no longer needed for highway
purposes or remnants acquired under the provisions of Section
4-501. Such , provided that no such sale may be made at for
less than the fair market appraised value of such land,
rights, or property, as determined by the Department. The fair
market value of the land, rights, or property may be based on
one or more appraisals completed by a qualified appraiser
approved by the Department or a valuation waiver prepared by
the Department. A sale below the fair market value, as
established by this Section, shall be justified, in writing,
by Department staff, which shall include consideration of all
relevant information, including, but not limited to, findings
regarding the best interests of the Department, other public
benefits such as divestment of liabilities, or changed
circumstances. The Department shall develop a policy to assign
a monetary value of all such considerations in valuation
determinations. An appraisal may be paid for by any interested
party. The form of the conveyance or release shall be in a form
approved by the Department.
    (b) Except as provided in paragraphs (c) and (d) of this
Section, and subject to the written approval of the Governor,
the Department may exchange any land, rights or property no
longer needed for highway purposes or remnants acquired under
the provisions of Section 4-501 of this Code for equivalent
interests in land, rights or property needed for highway
purposes. Where such interests are not of equivalent value
cash may be paid or received for the difference in value.
    (c) If at the time any property previously determined by
the Department to be needed for highway purposes is declared
excess and no longer needed for the Department's such
purposes, and before making the property available for public
sale as provided in subsection (a), the Department shall offer
that real property as follows:
        (1) To the person from whom such real property was
    acquired that still owns and has continuously owned land
    adjacent to or abutting such real property since the
    acquisition by the Department, the Department before
    making any disposition of that property shall first offer
    the property, in writing, for the fair market that
    property to the person from whom such property was
    acquired at the current appraised value of the property.
    If the Department's offer to such a person is accepted, in
    writing, within 60 days of the date of the written offer,
    the Department, subject to the written approval of the
    Governor, is authorized to dispose of such property to
    that person the person from whom such property was
    acquired upon payment of the appraised value. If the offer
    is not accepted, in writing, within 60 days of the date of
    the written offer, all rights under this paragraph shall
    terminate.
        (2) If the option in paragraph (1) does not exist or an
    offer is made and not accepted, or a sale otherwise is not
    consummated, the Department shall offer, in writing, at
    the value determined by the Department, the real property
    declared excess to the local municipality in which the
    property is situated and located, or, if the property is
    situated and located in an unincorporated area, to the
    county and township, if applicable, in which the property
    is situated and located. If a letter of intent to accept
    the offer is received by the Department, in writing,
    within 15 days of the date of the offer, the local
    governmental entity shall have 45 days from the date on
    the offer to accept the offer formally by resolution of
    its governing body. If the offer is formally accepted
    within 45 days of the date of the written offer, the
    Department, subject to the written approval of the
    Governor, is authorized to convey the property to the
    governing body upon payment of the value stated in the
    offer and may include a reversion for failure to continue
    public ownership and use if conveyed for less than fair
    market value. If a timely letter of intent to accept and a
    formal acceptance is received from a county and a
    township, the county shall be given priority. If a letter
    of intent is not received within 15 days of the offer, all
    rights under this paragraph shall terminate. If the letter
    of intent is received within the 15 days, but the formal
    acceptance is not received within 45 days of the date of
    the written offer, all rights under this paragraph shall
    terminate. If the unit of local government does not tender
    the funds in the full amount of the accepted offer within
    90 days of the date of the offer, all rights under this
    paragraph shall terminate. If a county fails to tender the
    funds in the full amount of the written accepted offer and
    a township tenders the full amount of a timely accepted
    offer within 15 days of the county's failure to timely
    tender, the Department shall sell the land, rights, or
    property to the township. The Department shall have the
    right to revoke, in writing, any offer made under this
    paragraph at any time before the funds in the full amount
    of the offer are tendered to the Department.
        (3) If the option in paragraph (1) or (2) does not
    exist or a sale is not otherwise consummated, the
    Department shall offer, in writing, at fair market value,
    the real property declared excess to an adjacent or
    abutting property owner if the property owner is the only
    reasonable party as determined by the Department. If the
    Department's offer is accepted by the property owner, in
    writing, within 60 days of the date of the written offer,
    the Department, subject to the written approval of the
    Governor, is authorized to convey the property to the
    property owner upon payment of the fair market value. If
    the offer is not accepted, in writing, within 60 days of
    the date of the written offer, all rights under this
    paragraph shall terminate.
    (d) If the Department enters into or currently has a
written contract with another highway authority for the
transfer of jurisdiction of any highway or portion thereof,
the Department is authorized to convey, subject to the written
approval of the Governor, without compensation, any land,
dedications, easements, access rights, or any interest in the
real estate that it holds to that specific highway or portion
thereof to the highway authority that is accepting or has
accepted jurisdiction. However, no part of the transferred
property can be vacated or disposed of without the approval of
the Department, which may require compensation for non-public
use.
    (e) Except as provided in paragraph (c) of this Section,
if the Department obtains or obtained fee simple title to, or
any lesser interest, in any land, right, or other property and
must comply with subdivision (f)(3) of Section 6 of Title I of
the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460
l-8(f)(3)), the Historic Bridge Program established under
Title 23, United States Code, Section 144, subsection (o) (23
U.S.C. 144(o)), the National Historic Preservation Act (16
U.S.C. Sec. 470), the Interagency Wetland Policy Act of 1989,
or the Illinois State Agency Historic Resources Preservation
Act, the Department, subject to the written approval of the
Governor and concurrence of the grantee, is authorized to
convey the title or interest in the land, right, or other
property to another governmental agency, or a not-for-profit
organization that will use the property for purposes
consistent with the appropriate law.
    The Department may retain rights to protect the public
interest.
(Source: P.A. 95-331, eff. 8-21-07.)

Effective Date: 1/1/2023