Section 300.30  Negotiation of the Acquisition of Land or a Land Right-of-Way Easement

This Section shall govern the actions of every person acting on behalf of a public utility when negotiating the acquisition of land or a land right-of-way easement:

a)         At least 14 days before the time when a utility initiates telephone or personal contact with the landowner to negotiate the acquisition of land or a land right-of-way easement, the utility representative shall send a letter to the landowner by certified mail, return receipt requested, containing the information set forth in subsection (c) together with the "Statement of Information from the Illinois Commerce Commission Concerning Acquisition of Land or Land Rights-of-Way by Illinois Utilities and Common Carriers by Pipeline" (see Appendix A).

b)         Utility representatives shall keep and maintain a permanent record of all letters sent in compliance with this Section.

c)         Any letter sent by the utility representative shall be on that representative's letterhead or on the letterhead of the utility, and it shall clearly set forth:

1)         The identity, address and telephone number of the utility representative;

2)         The identity of the utility attempting to acquire the land or land rights;

3)         The general purpose of the proposed project;

4)         The type of facility to be constructed;

5)         The general description of the land or land rights that the utility seeks to acquire and the type of structures, if any, the utility seeks to build;

6)         A statement that the utility or its representative seeks to negotiate with the landowner to arrive at a fair and reasonable agreement for the land or land rights; and

7)         An invitation to the landowner to contact the utility representative to arrange a mutually agreeable time for an appointment to further discuss the matter.

d)         If the landowner does not contact the utility representative within two weeks after the mailing of the original letter, that representative shall contact the landowner to attempt to establish a mutually convenient time and date for a meeting to discuss the matter.

e)         Each utility representative shall carry, and show to every landowner contacted, an identification card with the name and address, the employer, and a recent picture of the utility representative.  All contacting persons shall provide their telephone numbers to landowners.

f)         Upon the initial personal contact with the landowner, each utility representative shall be prepared to discuss, with specificity, the project for which the land or a land right-of-way is sought and shall more specifically inform and advise the landowner of the following:

1)         By oral statement concerning the reason for the contact, e.g., the general purpose of the proposed project and the type of facilities to be constructed.

2)         Provide technical information regarding the proposed project. This should include, among other things, to the extent that is then known to the utility, a written statement briefly outlining the purpose of the proposed project, a small-scale map of the proposed project and sketches indicating types of facilities, the approximate location of facilities, the compensation and basis for compensation and, if applicable, the type of structures, and amount (length and width) of the land or the land right-of-way deemed necessary for the proposed project.  This information shall be furnished to the landowner for the landowner's review, along with any proposed agreement or contract proposed by the utility.

(Source:  Amended at 35 Ill. Reg. 8797, effective June 1, 2011)