Full Text of HB2794 103rd General Assembly
HB2794 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB2794 Introduced 2/16/2023, by Rep. Gregg Johnson 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 |
|
| | | HB2794 | | LRB103 27135 MXP 53504 b |
|
| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Highway Code is amended by | 5 | | changing Section 4-508 as follows:
| 6 | | (605 ILCS 5/4-508) (from Ch. 121, par. 4-508)
| 7 | | Sec. 4-508. Sale of land, rights, or other property by | 8 | | Department. | 9 | | (a) Except as provided in paragraphs (c)
and (d) of this | 10 | | Section, and
subject to the written approval of the Governor | 11 | | and, if required by federal law or regulation, the Federal | 12 | | Highway Administration, the Department may dispose
of, by | 13 | | public sale, at auction or by sealed bids, any land, | 14 | | dedications, easements, access rights, or any interest in the | 15 | | real estate that it holds, or other
properties, real or | 16 | | personal, acquired for but no longer needed for highway
| 17 | | purposes or remnants acquired under the provisions of Section | 18 | | 4-501. Such sale may be made at the fair market
value of such | 19 | | land, rights, or property, as determined by the Department. | 20 | | The fair market value of the land, rights, or property may be | 21 | | based on one or more appraisals completed by a qualified | 22 | | appraiser approved by the Department or a valuation waiver | 23 | | prepared by the Department. A sale below the fair market |
| | | HB2794 | - 2 - | LRB103 27135 MXP 53504 b |
|
| 1 | | value, as established by this Section, shall be justified, in | 2 | | writing, by Department staff, which shall include | 3 | | consideration of all relevant information, including, but not | 4 | | limited to, findings regarding the best interests of the | 5 | | Department, other public benefits such as divestment of | 6 | | liabilities, or changed circumstances. The Department shall | 7 | | develop a policy to assign a monetary value of all such | 8 | | considerations in valuation determinations. An appraisal may | 9 | | be paid for by any interested party. The form of the conveyance | 10 | | or release shall be in a form approved by the Department.
| 11 | | (b) Except as provided in paragraphs (c) and (d) of
this | 12 | | Section, and subject to
the written approval of the Governor, | 13 | | the Department may exchange any land,
rights or property no | 14 | | longer needed for highway purposes or remnants
acquired under | 15 | | the provisions of Section 4-501 of this Code for equivalent
| 16 | | interests in land, rights or property needed for highway | 17 | | purposes. Where
such interests are not of equivalent value | 18 | | cash may be paid or received for
the difference in value.
| 19 | | (c) If at the time any property previously determined by | 20 | | the
Department to be needed for highway purposes is declared | 21 | | excess and no longer needed
for the Department's purposes, and | 22 | | before making the property available for public sale as | 23 | | provided in subsection (a), the Department shall offer that | 24 | | real property as follows: | 25 | | (1) To the person from whom such real property was | 26 | | acquired that
still owns and has continuously owned land |
| | | HB2794 | - 3 - | LRB103 27135 MXP 53504 b |
|
| 1 | | adjacent to or abutting such real property since
the | 2 | | acquisition
by the Department, the Department shall first | 3 | | offer the property, in writing, for the fair market value | 4 | | of
the property. If the Department's offer to such a | 5 | | person is accepted,
in writing, within 60 days of the date | 6 | | of the written offer, the Department,
subject to the | 7 | | written approval of the Governor, is authorized to dispose
| 8 | | of such property to that person. If the
offer is not | 9 | | accepted, in writing, within 60 days of the date of the | 10 | | written
offer, all rights under this paragraph shall | 11 | | terminate.
| 12 | | (2) If the option in paragraph (1) does not exist or an | 13 | | offer is made and not accepted, or a sale otherwise is not | 14 | | consummated, the Department shall offer, in writing, at | 15 | | the value determined by the Department, the real property | 16 | | declared excess to the local municipality in which the | 17 | | property is situated and located, or, if the property is | 18 | | situated and located in an unincorporated area, to the | 19 | | county and township, if applicable, in which the property | 20 | | is situated and located. If a letter of intent to accept | 21 | | the offer is received by the Department, in writing, | 22 | | within 15 days of the date of the offer, the local | 23 | | governmental entity shall have 45 days from the date on | 24 | | the offer to accept the offer formally by resolution of | 25 | | its governing body. If the offer is formally accepted | 26 | | within 45 days of the date of the written offer, the |
| | | HB2794 | - 4 - | LRB103 27135 MXP 53504 b |
|
| 1 | | Department, subject to the written approval of the | 2 | | Governor, is authorized to convey the property to the | 3 | | governing body upon payment of the value stated in the | 4 | | offer and may include a reversion for failure to continue | 5 | | public ownership and use if conveyed for less than fair | 6 | | market value. If a timely letter of intent to accept and a | 7 | | formal acceptance is received from a county and a | 8 | | township, the county shall be given priority. If a letter | 9 | | of intent is not received within 15 days of the offer, all | 10 | | rights under this paragraph shall terminate. If the letter | 11 | | of intent is received within the 15 days, but the formal | 12 | | acceptance is not received within 45 days of the date of | 13 | | the written offer, all rights under this paragraph shall | 14 | | terminate. If the unit of local government does not tender | 15 | | the funds in the full amount of the accepted offer within | 16 | | 90 days of the date of the offer, all rights under this | 17 | | paragraph shall terminate. If a county fails to tender the | 18 | | funds in the full amount of the written accepted offer and | 19 | | a township tenders the full amount of a timely accepted | 20 | | offer within 15 days of the county's failure to timely | 21 | | tender, the Department shall sell the land, rights, or | 22 | | property to the township. The Department shall have the | 23 | | right to revoke, in writing, any offer made under this | 24 | | paragraph at any time before the funds in the full amount | 25 | | of the offer are tendered to the Department. | 26 | | (3) If the option in paragraph (1) or (2) does not |
| | | HB2794 | - 5 - | LRB103 27135 MXP 53504 b |
|
| 1 | | exist or a sale is not otherwise consummated, the | 2 | | Department shall offer, in writing, at fair market value, | 3 | | the real property declared excess to an adjacent or | 4 | | abutting property owner if the property owner is the only | 5 | | reasonable party as determined by the Department. If the | 6 | | Department's offer is accepted by the property owner, in | 7 | | writing, within 60 days of the date of the written offer, | 8 | | the Department, subject to the written approval of the | 9 | | Governor, is authorized to convey the property to the | 10 | | property owner upon payment of the fair market value. If | 11 | | the offer is not accepted, in writing, within 60 days of | 12 | | the date of the written offer, all rights under this | 13 | | paragraph shall terminate. | 14 | | (c-1) With respect only to property related to the | 15 | | Interstate 74 Iowa-Illinois Corridor Project, if the options | 16 | | in paragraph (c) do not exist or an offer is made and not | 17 | | accepted within 60 days of the date of a written offer, or a | 18 | | sale otherwise is not consummated, the Department shall offer, | 19 | | in writing, at either the current appraised value or at such | 20 | | other value as may be determined by the Department, the real | 21 | | property declared excess to the municipality where the | 22 | | property is located. If a letter of intent to accept the offer | 23 | | is received by the Department, in writing, within 30 days of | 24 | | the date of the offer, the municipality shall have 45 days from | 25 | | the date of the offer to accept the offer formally by | 26 | | resolution of its corporate authorities. If the offer is |
| | | HB2794 | - 6 - | LRB103 27135 MXP 53504 b |
|
| 1 | | formally accepted within 45 days of the date of the written | 2 | | offer, the Department, subject to the written approval of the | 3 | | Governor, is authorized to convey the property to the | 4 | | municipality upon payment of the value stated in the offer and | 5 | | may include a reversion for failure to continue public | 6 | | ownership and use if conveyed for less than the fair market | 7 | | value. If a letter of intent is not received within 15 days of | 8 | | the offer, the offer shall terminate. If the letter of intent | 9 | | is received within 30 days, but the formal acceptance is not | 10 | | received within 45 days of the date of the written offer, the | 11 | | offer shall terminate. If the municipality does not tender the | 12 | | funds in the full amount of the accepted offer within 90 days | 13 | | after the date of adoption of the resolution by the | 14 | | municipality's corporate authorities accepting the offer, the | 15 | | offer shall terminate. The Department has the right to revoke | 16 | | in writing any offer made under this subsection at any time | 17 | | before the funds in the full amount of the offer are tendered | 18 | | to the Department. | 19 | | (d) If the Department enters into or currently has a | 20 | | written contract with
another highway authority for the | 21 | | transfer of jurisdiction of any highway or
portion thereof, | 22 | | the Department is authorized
to convey, subject to the written | 23 | | approval of the Governor, without compensation, any land, | 24 | | dedications, easements,
access rights, or any interest in the | 25 | | real estate that it holds to that
specific highway or portion | 26 | | thereof to the highway authority that is accepting
or has |
| | | HB2794 | - 7 - | LRB103 27135 MXP 53504 b |
|
| 1 | | accepted jurisdiction. However, no part of the transferred | 2 | | property can
be vacated or disposed of without the approval of | 3 | | the Department, which may
require compensation for non-public | 4 | | use.
| 5 | | (e) Except as provided in paragraph (c) of this Section, | 6 | | if
the Department obtains or obtained fee simple title to, or | 7 | | any
lesser interest, in any land, right, or other property and | 8 | | must comply with
subdivision (f)(3) of Section 6 of Title I of
| 9 | | the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460 | 10 | | l-8(f)(3)),
the Historic Bridge Program established under | 11 | | Title 23,
United States Code, Section 144, subsection (o) (23 | 12 | | U.S.C. 144(o)),
the National Historic Preservation Act (16 | 13 | | U.S.C. Sec. 470), the Interagency
Wetland Policy Act of 1989, | 14 | | or
the Illinois State Agency Historic Resources Preservation | 15 | | Act,
the Department, subject to the written approval of the | 16 | | Governor and concurrence
of the grantee, is
authorized to | 17 | | convey the title or interest in the land, right, or other
| 18 | | property to another governmental agency,
or a not-for-profit | 19 | | organization that will
use the property for purposes | 20 | | consistent
with the appropriate law.
| 21 | | The Department may retain rights to protect the public | 22 | | interest.
| 23 | | (Source: P.A. 102-974, eff. 1-1-23 .)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
|
|