093_SB1361sam002

 










                                     SRS093 00105 ARK 00105 a

 1                    AMENDMENT TO SENATE BILL 1361

 2        AMENDMENT NO.     .  Amend Senate Bill 1361, AS  AMENDED,
 3    by  replacing  everything  after the enacting clause with the
 4    following

 5        "Section 5.  The Illinois  Highway  Code  is  amended  by
 6    changing Section 4-510 as follows:

 7        (605 ILCS 5/4-510) (from Ch. 121, par. 4-510)
 8        Sec.  4-510.  The  Department may establish presently the
 9    approximate locations and widths of rights of way for  future
10    additions  to  the  State highway system to inform the public
11    and prevent costly and conflicting development  of  the  land
12    involved.
13        The  Department  shall  hold  a  public  hearing whenever
14    approximate locations and widths of rights of way for  future
15    highway  additions are to be established. Prior to the public
16    hearing for corridor protection, the Department shall prepare
17    an assessment of current and future traffic needs in the area
18    of the proposed highway  addition  and  an  analysis  of  the
19    alternatives  for  meeting those needs.  The hearing shall be
20    held in or near the counties where the land  to  be  used  is
21    located  and  notice  of  the hearing shall be published in a
22    newspaper or newspapers of general circulation in the  county
 
                            -2-      SRS093 00105 ARK 00105 a
 1    or   counties   involved.  The  Department  shall  notify  by
 2    registered mail each property owner affected by the  proposed
 3    corridor, informing the owner of the location of the corridor
 4    and  the time and place of the hearing. Any interested person
 5    or his representative may  be  heard.  The  Department  shall
 6    evaluate  the  testimony  given  at the hearing.  The hearing
 7    shall include  a  period  for  questions  and  comments  from
 8    interested  persons  in a town hall format before an audience
 9    of those attending. If modifications are made in the proposed
10    corridor prior to recording, the Department shall  notify  by
11    registered  mail  owners of property affected by the proposed
12    changes and by notices published in a newspaper or newspapers
13    of general circulation in the county  or  counties  affected.
14    Interested  persons shall have at least 30 days to comment on
15    the proposed revisions, and the Department shall evaluate the
16    comments.
17        The Department shall make a  survey  and  prepare  a  map
18    showing  the location and approximate widths of the rights of
19    way needed for future additions to the  highway  system.  The
20    map shall show existing highways in the area involved and the
21    property  lines and owners of record of all land that will be
22    needed for the  future  additions  and  all  other  pertinent
23    information.  Approval  of the map with any changes resulting
24    from the hearing shall be indicated  in  the  record  of  the
25    hearing, and a notice of the approval, and a copy of the map,
26    and  an  environmental  impact  study  shall  be filed in the
27    office of the recorder for all counties  in  which  the  land
28    needed for future additions is located.
29        Public  notice  of the approval and filing shall be given
30    in newspapers of general circulation in  all  counties  where
31    the  land  is  located and shall be served by registered mail
32    within 60 days thereafter on all owners of record of the land
33    needed for future additions.
34        The Department may approve changes in the map  from  time
 
                            -3-      SRS093 00105 ARK 00105 a
 1    to  time.  The changes shall be filed and notice given in the
 2    manner provided for an original map.
 3        After the map is filed and notice thereof  given  to  the
 4    owners  of record of the land needed for future additions, no
 5    one shall incur development costs or place  improvements  in,
 6    upon  or under the land involved nor rebuild, alter or add to
 7    any existing structure without first giving 60 days notice by
 8    registered mail to the Department. This prohibition shall not
 9    apply  to  any  normal  or  emergency  repairs  to   existing
10    structures.  The  Department shall have 45 days after receipt
11    of that notice  to  inform  the  owner  of  the  Department's
12    intention to acquire the land involved; after which, it shall
13    have  the additional time of 120 days to acquire such land by
14    purchase or to initiate action to acquire said  land  through
15    the  exercise  of the right of eminent domain. When the right
16    of way is acquired by the State no damages shall  be  allowed
17    for  any construction, alteration or addition in violation of
18    this Section unless the Department has failed to acquire  the
19    land   by   purchase  or  has  abandoned  an  eminent  domain
20    proceeding initiated  pursuant  to  the  provisions  of  this
21    paragraph.
22        Any  right  of  way  needed  for additions to the highway
23    system may be acquired at any time by the  State  or  by  the
24    county  or  municipality  in which it is located. The time of
25    determination of the value of the property to be taken  under
26    this Section for additions to the highway system shall be the
27    date  of  the  actual  taking, if the property is acquired by
28    purchase, or the date  of  the  filing  of  a  complaint  for
29    condemnation,   if  the  property  is  acquired  through  the
30    exercise of the right of eminent domain, rather than the date
31    when the map  of  the  proposed  right-of-way  was  filed  of
32    record.   The  rate  of compensation to be paid for farm land
33    acquired hereunder by the exercise of the  right  of  eminent
34    domain  shall  be  in  accordance  with Section 4-501 of this
 
                            -4-      SRS093 00105 ARK 00105 a
 1    Code.
 2        Not more than 10 years  after  a  protected  corridor  is
 3    established  under  this  Section,  and  not  later  than the
 4    expiration of each succeeding 10 year period, the  Department
 5    shall  hold  public  hearings  to  discuss  the viability and
 6    feasibility of the protected corridor.  The Department  shall
 7    give  due  consideration  to  the information obtained at the
 8    hearing and, if construction of  the  roadway  is  no  longer
 9    feasible, shall abolish the protected corridor.
10    (Source: P.A. 91-357, eff. 7-29-99.)

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