Sec. 4-510. The
Department may establish presently the 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.
The Department
shall hold a public hearing whenever 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 representative may be heard. The Department shall evaluate the testimony
given at the hearing.
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 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.
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. 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.
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 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 abandoned an eminent domain proceeding initiated
pursuant to the provisions of this paragraph.
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 eminent domain shall be in accordance with Section
4-501 of this Code. (Source: P.A. 91-357, eff. 7-29-99.)
©Copyright
2003 GatewayConnector Study Team