093_HB0739eng HB0739 Engrossed LRB093 05813 DRH 05906 b 1 AN ACT in relation to highways. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Toll Highway Act is amended by changing 5 Section 9 as follows: 6 (605 ILCS 10/9) (from Ch. 121, par. 100-9) 7 Sec. 9. The Authority shall have the power: 8 (a) To prepare, or cause to be prepared detailed 9 plans, specifications and estimates, from time to time, 10 for the construction, relocation, repair, maintenance and 11 operation of toll highways within and through the State 12 of Illinois. 13 (b) To acquire, hold and use real and personal 14 property, including rights, rights-of-way, franchises, 15 easements and other interests in land as it may desire, 16 or as may be necessary or convenient for its authorized 17 purposes by purchase, gift, grant or otherwise, and to 18 take title thereto; to acquire in the manner that may now 19 or hereafter be provided for by the law of eminent domain 20 of this State, any real or personal property (including 21 road building materials and public lands, parks, 22 playgrounds, reservations, highways or parkways, or parts 23 thereof, or rights therein, of any person, railroad, 24 public service, public utility, or municipality or 25 political subdivision) necessary or convenient for its 26 authorized purpose.SuchAcquisition of real property, 27 whether by purchase, gift, condemnation or otherwise, 28 wherever necessary or convenient in the discretion of the 29 Authority, may include the extension of existing rights 30 and easements of access, use and crossing held by any 31 person or persons, interests in land abutting on existing HB0739 Engrossed -2- LRB093 05813 DRH 05906 b 1 highways, and remnants or remainder property; and such 2 acquisitions of real property may be free and clear of, 3 and without any rights or easements of access, use and 4 crossing in favor of any person or persons including 5 interest in any land adjacent or contiguous to the land 6 so acquired, provided however, that nothing herein 7 contained shall be construed to authorize the taking or 8 damaging of any private property for such purposes by the 9 Authority, without just compensation. 10 (c) To accept conveyance of fee simple title to, or 11 any lesser interest in, land, rights or property conveyed 12 by the Department of Transportation under Section 4-508.1 13 of the Illinois Highway Code. 14 (c-1) To establish presently the approximate 15 locations and widths of rights of way for future 16 additions to the toll highway system to inform the public 17 and prevent costly and conflicting development of the 18 land involved. 19 The Authority shall hold a public hearing whenever 20 approximate locations and widths of rights of way for 21 future toll highway additions are to be established. The 22 hearing shall be held in or near the county or counties 23 in which the land to be used is located and notice of the 24 hearing shall be published in a newspaper or newspapers 25 of general circulation in the county or counties 26 involved. Any interested person or his or her 27 representative may be heard. The Authority shall 28 evaluate the testimony given at the hearing. 29 The Authority shall make a survey and prepare a map 30 showing the location and approximate widths of the rights 31 of way needed for future additions to the toll highway 32 system. The map shall show existing highways in the area 33 involved and the property lines and owners of record of 34 all land that will be needed for the future additions and HB0739 Engrossed -3- LRB093 05813 DRH 05906 b 1 all other pertinent information. Approval of the map 2 with any changes resulting from the hearing shall be 3 indicated in the record of the hearing and a notice of 4 the approval and a copy of the map shall be filed in the 5 office of the recorder for all counties in which the land 6 needed for future additions is located. 7 Public notice of the approval and filing shall be 8 given in newspapers of general circulation in all 9 counties in which the land is located and shall be served 10 by registered mail within 60 days thereafter on all 11 owners of record of the land needed for future additions. 12 The Authority may approve changes in the map from 13 time to time. The changes shall be filed and notice 14 given in the manner provided for an original map. 15 After the map is filed and notice thereof given to 16 the owners of record of the land needed for future 17 additions, no person shall incur development costs or 18 place improvements in, upon, or under the land involved 19 nor rebuild, alter, or add to any existing structure 20 without first giving 60 days' notice by registered mail 21 to the Authority. This prohibition shall not apply to 22 any normal or emergency repairs to existing structures. 23 The Authority shall have 45 days after receipt of that 24 notice to inform the owner of the Authority's intention 25 to acquire the land involved, after which it shall have 26 an additional 120 days to acquire the land by purchase or 27 to initiate action to acquire the land through the 28 exercise of the right of eminent domain. When the right 29 of way is acquired by the Authority, no damages shall be 30 allowed for any construction, alteration, or addition in 31 violation of this subsection (c-1) unless the Authority 32 has failed to acquire the land by purchase or has 33 abandoned an eminent domain proceeding initiated in 34 accordance with this subsection (c-1). HB0739 Engrossed -4- LRB093 05813 DRH 05906 b 1 Any right of way needed for additions to the toll 2 highway system may be acquired at any time by the 3 Authority. The time of determination of the value of the 4 property to be taken under this Section for additions to 5 the toll highway system shall be the date of the actual 6 taking, if the property is acquired by purchase, or the 7 date of the filing of a complaint for condemnation, if 8 the property is acquired through the exercise of the 9 right of eminent domain, rather than the date when the 10 map of the proposed right of way was filed of record. 11 (c-2) Not more than 10 years after a protected 12 corridor is established under subsection (c-1), and not 13 later than the expiration of each 10-year period 14 thereafter, the Authority shall hold a public hearing to 15 discuss the viability and feasibility of the protected 16 corridor. Following the hearing and giving due 17 consideration to the information obtained at the hearing, 18 the Board of Directors of the Authority shall vote to 19 either continue or abolish the protected corridor. 20 (d) It is hereby declared, as a matter of 21 legislative determination, that the fundamental goal of 22 the people of Illinois is the educational development of 23 all persons to the limits of their capacities, and this 24 educational development requires the provision of 25 environmentally and physically safe facilities. 26 If the building line of a building used primarily 27 for the purpose of educating elementary or secondary 28 students lies within 100 feet of any ingress or egress 29 ramp that is used or that has been used by traffic 30 exiting or entering any toll highway operated by the Toll 31 Highway Authority, the Toll Highway Authority shall 32 acquire the building, together with any property owned, 33 leased, or utilized adjacent to it and pertaining to its 34 educational operations, from the school district that HB0739 Engrossed -5- LRB093 05813 DRH 05906 b 1 owns or operates it, for just compensation. "Just 2 compensation" for purposes of this subsection (d) means 3 the replacement cost of the building and adjacent 4 property so that the students educated in the building 5 have the opportunity to be educated according to 6 standards prevailing in the State of Illinois. 7 (Source: P.A. 89-297, eff. 8-11-95; 90-681, eff. 7-31-98.)