HB4717 102ND GENERAL ASSEMBLY

LRB102 23681 RAM 32864 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4717

Introduced 1/27/2022, by Rep. Michael Halpin

SYNOPSIS AS INTRODUCED:

605 ILCS 5/4-508

from Ch. 121, par. 4-508

Amends the Illinois Highway Code. Allows, under certain circumstances, the Department of Transportation to sell certain real property related to the Interstate 74 Iowa-Illinois Corridor Project and declared excess. Effective immediately.

A BILL FOR

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 4-508 as follows:

(605 ILCS 5/4-508) (from Ch. 121, par. 4-508)

Sec. 4-508. Sale of land, rights, or other property by Department.

(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 remnants 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 remnants 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.

(c-1) With respect only to property related to the Interstate 74 Iowa-Illinois Corridor Project, if the option in paragraph (c) does not exist or an offer is made and not accepted within 60 days of the date of a written offer, or a sale otherwise is not consummated, the Department shall offer, in writing, at either the current appraised value or at such other value as may be determined by the Department, the real property declared excess to the municipality where the property is located. If a letter of intent to accept the offer is received by the Department, in writing, within 30 days of the date of the offer, the municipality shall have 45 days from the date of the offer to accept the offer formally by resolution of its corporate authorities. If the offer is formally accepted within 45 days of the date of the written offer, the Department, subject to the written approval of the Governor, is authorized to convey the property to the municipality upon payment of the value stated in the offer and may include a reversion for failure to continue public ownership and use if conveyed for less than the fair market value. If a letter of intent is not received within 15 days of the offer, the offer shall terminate. If the letter of intent is received within 30 days, but the formal acceptance is not received within 45 days of the date of the written offer, the offer shall terminate. If the municipality does not tender the funds in the full amount of the accepted offer within 90 days after the date of adoption of the resolution by the municipality's corporate authorities accepting the offer, the offer shall terminate. The Department has the right to revoke in writing any offer made under this subsection at any time before the funds in the full amount of the offer are tendered to the Department.

(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. 95-331, eff. 8-21-07.)

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