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| Public Act 102-0974 | ||||
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AN ACT concerning property.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Highway Code is amended by | ||||
changing Section 4-508 as follows:
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(605 ILCS 5/4-508) (from Ch. 121, par. 4-508)
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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
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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.
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(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
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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.
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(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.
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(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.
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(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
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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
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property to another governmental agency,
or a not-for-profit | ||
organization that will
use the property for purposes | ||
consistent
with the appropriate law.
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The Department may retain rights to protect the public | ||
interest.
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(Source: P.A. 95-331, eff. 8-21-07.)
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