97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5739

 

Introduced 2/16/2012, by Rep. Brandon W. Phelps

 

SYNOPSIS AS INTRODUCED:
 
605 ILCS 5/4-505  from Ch. 121, par. 4-505

    Amends the Illinois Highway Code. Provides that the Department of Transportation may relocate setbacks associated with railroad lines or tracks or facilities of a public utility. Provides that the Department may exercise its eminent domain powers to acquire all property interests necessary to ensure proper vegetation maintenance around public utility facilities.


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A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Highway Code is amended by changing
5Section 4-505 as follows:
 
6    (605 ILCS 5/4-505)  (from Ch. 121, par. 4-505)
7    Sec. 4-505. In addition to whatever powers the Department
8may by law now possess, whenever it is necessary as an incident
9to the construction of a new State highway or the relocation,
10reconstruction, extension, widening, straightening,
11alteration, repair, maintenance or improvement of an existing
12State highway (including extensions of a new or existing State
13highway through or into a municipality upon a new or existing
14street) that the line or tracks of a railroad or railway
15company or the wires, poles, pipes or other facilities of a
16public utility, or associated setbacks, which are not then
17located in or upon a public street or highway, be relocated,
18and the Department and such company or public utility have
19entered into an agreement, approved by the Illinois Commerce
20Commission, concerning such relocation, the Department is
21authorized to purchase, or to acquire through the exercise of
22the right of eminent domain under the eminent domain law of the
23State, such easements, rights, lands or other property as may

 

 

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1be necessary for the relocation of said railroad or railway
2line or tracks or other public utility facilities, including
3all property interests necessary to ensure proper vegetation
4maintenance around public utility facilities.
5    The Department is authorized to convey such easements,
6rights, lands or other property it has so purchased or acquired
7for said relocation of the said railroad, railway company or
8other public utility by deed executed by the Director of the
9Department.
10(Source: Laws 1965, p. 428.)