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| Public Act 097-0279 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Illinois Highway Code is amended by changing
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Section 4-510 as follows:
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(605 ILCS 5/4-510) (from Ch. 121, par. 4-510)
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Sec. 4-510. The Department may establish presently the
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approximate
locations and widths of rights of way for future | ||||
additions to the State
highway system to inform the public and | ||||
prevent costly and conflicting
development of the land | ||||
involved.
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The Department shall hold a public hearing whenever
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approximate
locations and widths of rights of way for future | ||||
highway additions are
to be established. The hearing shall be | ||||
held in or near the county or
counties where the land to be | ||||
used is located and notice of the hearing
shall be published in | ||||
a newspaper or newspapers of general circulation
in the county | ||||
or counties involved. Any interested person or his
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representative may be heard. The Department shall evaluate the | ||||
testimony
given at the hearing.
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The Department shall make a survey and prepare a map | ||||
showing the
location and approximate widths of the rights of | ||||
way needed for
future
additions to the highway system. The map | ||||
shall show existing highways in
the area involved and the | ||
property lines and owners of record of all
land that will be | ||
needed for the future additions and all other
pertinent | ||
information. Approval of the map with any changes resulting
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from the hearing shall be indicated in the record of the | ||
hearing and a
notice of the approval
and a copy of the map | ||
shall be filed in the
office of the recorder for all counties | ||
in which the land
needed for future additions is located.
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Public notice of the approval and filing shall be given in | ||
newspapers
of general circulation in all counties where the | ||
land is located and
shall be served by registered mail within | ||
60 days thereafter on all
owners of record of the land needed | ||
for future additions.
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The Department may approve changes in the map from time to | ||
time. The
changes shall be filed and notice given in the manner | ||
provided for an
original map.
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After the map is filed and notice thereof given to the | ||
owners of
record of the land needed for future additions, no | ||
one shall incur
development costs or place improvements in, | ||
upon or under the land
involved nor rebuild, alter or add to | ||
any existing structure without
first giving 60 days notice by | ||
registered mail to the Department. This
prohibition shall not | ||
apply to any normal or emergency repairs to
existing | ||
structures. The Department shall have 45 days after receipt of
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that notice to inform the owner of the Department's intention | ||
to acquire
the land involved; after which, it shall have the | ||
additional time of 120
days to acquire such land by purchase or | ||
to initiate action to acquire
said land through the exercise of | ||
the right of eminent domain. When the
right of way is acquired | ||
by the State no damages shall be allowed for
any construction, | ||
alteration or addition in violation of this Section
unless the | ||
Department has failed to acquire the land by purchase or has
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abandoned an eminent domain proceeding initiated pursuant to | ||
the
provisions of this paragraph.
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Any right of way needed for additions to the highway system | ||
may be
acquired at any time by the State or by the county or | ||
municipality in
which it is located. The time of determination | ||
of the value of the
property to be taken under this Section for | ||
additions to the highway
system shall be the date of the actual | ||
taking, if the property is
acquired by purchase, or the date of | ||
the filing of a complaint for
condemnation, if the property is | ||
acquired through the exercise of the
right of eminent domain, | ||
rather than the date when the map of the
proposed right-of-way | ||
was filed of record. The rate of compensation to
be paid for | ||
farm land acquired hereunder by the exercise of the right of
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eminent domain shall be in accordance with Section 4-501 of | ||
this Code.
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Not more than 10 years after a protected corridor is | ||
established under this
Section regardless of whether the | ||
corridor is established before or after the effective date of | ||
this amendatory Act of the 97th General Assembly, and not later | ||
than the expiration of each succeeding 10 year period,
the | ||
Department shall hold public hearings to discuss the viability | ||
and
feasibility of the protected corridor. In the case of a | ||
protected corridor established prior to 10 years before the | ||
effective date of this amendatory Act of the 97th General | ||
Assembly, the hearing shall be conducted within 6 months of the | ||
effective date of this amendatory Act of the 97th General | ||
Assembly. The Department shall retain the discretion to | ||
maintain any protected corridor established under this | ||
Section, but shall give due
consideration to the information | ||
obtained at the hearing and, if
the Department in its | ||
discretion determines that construction of the roadway is no | ||
longer feasible, the Department shall abolish the protected
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corridor.
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(Source: P.A. 91-357, eff. 7-29-99.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||