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(605 ILCS 5/)
DIVISION 5. PROPERTY ACQUISITION AND DISPOSAL
(605 ILCS
5/4-501)
Sec. 4-501.
The Department, in its name, or any county
may acquire
the fee simple
title, or such lesser interest as may be desired, to any
land,
rights, or other
property necessary for
the construction,
maintenance
or operation of State highways,
or necessary for locating,
relocating, extending, widening or straightening any
State highway, or
necessary for locating, relocating, extending,
widening or straightening
an
existing street or
for laying out, establishing or opening
a new
street within the corporate limits of any
municipality which has
been
designated by the Department as a street to form a
part of or to connect
with a State
highway leading up
to the corporate limits of such
municipality, or necessary for any other purpose or
use contemplated by
this Code by
purchase or by the exercise of the right of eminent domain
under the eminent domain laws of this State and the
Department shall not
be required, in any case, to furnish bond.
When, in
the judgment of the acquiring agency, it is more practical
and
economical to acquire the fee to the inaccessible remnants
of the
tracts of land from which rights-of-way are being
acquired than to pay
severance
damages, such agency may do so by purchase or by an
eminent
domain proceeding.
When a part
of a parcel of land is to be taken for
State highway
purposes
and the accessible
remnant is to
be left in a shape or
condition rendering it of little value to the owner
or giving rise to
claims
for severance or
other damages, upon written request of the
owner, the acquiring agency may take the whole parcel
and may sell or
exchange the part not needed for highway purposes.
When acquiring
land for a
highway on a new location, and when a
parcel of land one acre or less in
area contains a
single family
residence,
which is in conformance with existing zoning ordinances, and
only a part of that
parcel is required
for State highway
purposes
causing
the remainder of
the parcel not to conform with the existing
zoning ordinances, or when the location of the right
of way line of the
proposed
highway reduces the
distance from an existing single family
residence to the right of way line to 10 feet or
less, the acquiring
agency
shall, if the
owner so demands,
take the whole parcel by
negotiation or condemnation. The part not needed for
highway purposes
may be rented, sold or exchanged by the acquiring
agency.
When any
farm land is acquired for State highway purposes by
the
exercise of the right of eminent domain, the rate of
compensation to be
paid by the
acquiring agency shall
be computed by
taking into
consideration the total acreage originally
involved in the farm land
parcel, including that portion of such parcel already
part of a right of
way for
highway purposes but for which legal title lies in the owner of
the parcel.
(Source: P.A. 81-536.)
(605 ILCS
5/4-502)
Sec. 4-502.
When the Department deems it necessary to build, widen,
alter,
relocate or straighten any
ditch, drain or watercourse in order
to drain or protect any highway or highway structure
it is authorized to
construct, maintain or operate, it may acquire
the necessary property,
or such interest
or right therein
as may be required, by gift or
purchase or, if the compensation or damages cannot
be agreed upon, by
the
exercise of the
right of eminent domain under the eminent domain
laws of this State. The Department shall not be
required to furnish bond
in any eminent domain proceeding.
(Source: Laws 1959, p. 196.)
(605 ILCS
5/4-503)
Sec. 4-503.
For the purpose of
making subsurface soil
surveys,
preliminary
surveys and determinations of the amount and extent of such
land, rights or other property required, the
Department, or any county,
by its
officers, agents or employees, after written notice to the known
owners and occupants, if any, may enter upon the lands
or waters of any
person,
but subject to
responsibility for all damages which shall be
occasioned thereby.
(Source: P.A. 84-713.)
(605 ILCS
5/4-504)
Sec. 4-504.
Subject to the approval of the Governor and the consent
of any department,
board, commission, officer or
other agency of the
State government having control and custody of any
land now or hereafter
owned by the State, the Department is authorized to
take and use such
portion as may
be deemed necessary for State highway purposes over such
land, provided such taking and use by the Department
does not interfere
with the use of such land by the agency so having
control and custody.
(Source: Laws 1959, p. 196.)
(605 ILCS
5/4-505)
Sec. 4-505.
In addition to whatever powers the Department may by law
now possess, whenever it is necessary as an incident
to the construction
of a new State highway or the relocation, reconstruction, extension,
widening,
straightening, alteration, repair, maintenance or improvement
of an existing State highway (including extensions of
a new or existing
State
highway through or
into a municipality upon a new
or existing
street) that the line or tracks of a railroad or
railway company or the
wires, poles, pipes or other facilities of a public
utility, which are
not then located in or upon a public street or highway,
be relocated,
and the
Department and such company or public utility have entered into
an agreement, approved by the Illinois Commerce Commission,
concerning
such relocation, the Department is authorized to
purchase, or to acquire
through
the exercise of the right of eminent domain under the
eminent
domain law of the State, such easements, rights, lands
or other property
as may be necessary for the relocation of said
railroad or railway line
or tracks or other public utility facilities.
The
Department is authorized to convey such easements, rights, lands
or other property it has so purchased or acquired for
said relocation of
the said railroad,
railway company or
other public utility by deed
executed by the Director of the Department.
(Source: Laws 1965, p. 428.)
(605 ILCS
5/4-508)
Sec.
4-508. (a) Except as provided in
paragraphs (c) and
(d) of
this
Section, and subject to the
written approval of the Governor, the
Department may dispose of, by public sale, at auction
or by sealed bids,
any land, rights or other properties, real or
personal, acquired for but
no longer needed for highway purposes or
remanents acquired under
the
provisions of
Section 4-501, provided that no such sale may be made for
less than the fair appraised value of such land,
rights, or property.
(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 remanents, 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 no longer
needed
for such purposes,
and the person from whom such property was
acquired still owns
and has continuously owned land abutting
such
property since
the acquisition by the Department, the Department before
making any disposition of that property shall first
offer in writing
that property
to the person from whom such property was acquired at the
current appraised value of the property. If the offer 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 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.
(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, 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. 90-573, eff. 2-6-98; 90-755, eff.
1-1-99; 91-357, eff.
7-29-99.)
(605 ILCS
5/4-508.1)
Sec.
4-508.1. In the event the Department
obtains or has obtained
fee
simple title to,
or any lesser interest in, any
land, rights or
other property under the provisions of Section
4-508 of this Code in
connection
with a project involving the
planned construction of a
federal-aid highway and that project ceases to be a
federal-aid project,
the Department is authorized to convey title to, or
any lesser interest
in, all such
land, rights or
property, regardless of whether any
construction has
taken place, to
the Illinois State
Toll Highway
Authority
without compensation when
such conveyance is approved in
writing by the Governor.
(Source: P.A. 83-1258.)
(605 ILCS
5/4-509)
Sec. 4-509.
In addition to other powers of the Department,
whenever
it is necessary
as an incident to the construction of a new State
highway
or the relocation,
reconstruction, extension, widening,
straightening,
alteration, repair, maintenance
or improvement of an
existing State highway (including extensions of a new
or existing State
highway
through or into a municipality upon a new or existing
street)
that property already devoted to a public
use be acquired, and the
Department and
the public agency having jurisdiction over such property
have entered into
an agreement concerning
the acquisition of
such
property,
the Department is
authorized to purchase,
or to acquire
through the exercise of the right of eminent
domain, such easements,
rights,
lands or other
property as may be necessary to replace the
public property being acquired. The Department is
authorized to convey
to such public agency such easements, rights, lands or
other property it
so
purchases or acquires for such replacement by deed
executed by the
Director of the Department.
(Source: Laws 1965, p. 2921.)
(605 ILCS 5/4-510)
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.