Public Act 097-0279
 
SB1856 EnrolledLRB097 10078 HEP 50255 b



    AN ACT concerning transportation.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 


 
    Section 5. The Illinois Highway Code is amended by changing

Section 4-510 as follows:


 
    (605 ILCS 5/4-510)  (from Ch. 121, par. 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.


    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

corridor.


(Source: P.A. 91-357, eff. 7-29-99.)


 
    Section 99. Effective date. This Act takes effect upon 
becoming law.