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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
90_HB2746enr
605 ILCS 5/4-508 from Ch. 121, par. 4-508
Amends the Illinois Highway Code to provide that if the
Department of Transportation enters into or currently has a
written contract with another highway authority for the
transfer of jurisdiction of a highway, the Department may
convey, without compensation, any land, dedications,
easements, access rights, or any interest in the real estate
that it holds to the highway authority. Provides that 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.
LRB9008778NTsbA
HB2746 Enrolled LRB9008778NTsbA
1 AN ACT concerning property, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Municipal Code is amended by
5 changing Section 11-90-5 as follows:
6 (65 ILCS 5/11-90-5)
7 Sec. 11-90-5. The Capital City Railroad Relocation
8 Authority; transfer of property and powers.
9 (a) Effective December 31, 1996:
10 (1) All of the property still vested in the Capital
11 City Railroad Relocation Authority on that date for
12 Useable Segment 3 shall thereupon vest in the City of
13 Springfield, which shall have the power to sell,
14 transfer, exchange, or assign that property as it shall
15 deem appropriate, subject to the agreements that the
16 Authority had entered into with respect to that property;
17 and
18 (2) All of the statutory powers and duties,
19 including but not limited to the power to acquire
20 property exchanged by the railroads for the railroad
21 right-of-way acquired by the Authority and to sell,
22 transfer, exchange, or assign property as it shall deem
23 appropriate, which the Authority had to implement the
24 agreements that it entered into for Useable Segment 3,
25 are transferred to the City of Springfield only for
26 implementation of those agreements and subject to them.
27 (b) Once the City of Springfield has completed
28 transactions required to perform the agreements referred to
29 in subdivisions (1) and (2) of subsection (a), its powers and
30 duties under this Section shall terminate.
31 (c) The City of Springfield shall obtain a certified
HB2746 Enrolled -2- LRB9008778NTsbA
1 copy of the portions of this amendatory Act of 1996
2 containing the title, the enacting clause, the effective
3 date, and this Section and the appropriate land descriptions
4 of property to be transferred within 60 days after its
5 effective date and shall record the certified document in the
6 Recorder's Office of Sangamon County.
7 (d) If this Section takes effect after December 31,
8 1996, then its provisions apply retrospectively from December
9 31, 1996.
10 (e) This Section is repealed on June 30, 1999 June 30,
11 1998.
12 (Source: P.A. 89-699, eff. 1-16-97.)
13 Section 10. The Illinois Highway Code is amended by
14 changing Section 4-508 as follows:
15 (605 ILCS 5/4-508) (from Ch. 121, par. 4-508)
16 Sec. 4-508. (a) Except as provided in paragraphs
17 paragraph (c) and (d) of this Section, and subject to the
18 written approval of the Governor, the Department may dispose
19 of, by public sale, at auction or by sealed bids, any land,
20 rights or other properties, real or personal, acquired for
21 but no longer needed for highway purposes or remanents
22 acquired under the provisions of Section 4-501, provided that
23 no such sale may be made for less than the fair appraised
24 value of such land, rights, or property.
25 (b) Except as provided in paragraphs paragraph (c) and
26 (d) of this Section, and subject to the written approval of
27 the Governor, the Department may exchange any land, rights or
28 property no longer needed for highway purposes, or remanents,
29 acquired under the provisions of Section 4-501 of this Code
30 for equivalent interests in land, rights or property needed
31 for highway purposes. Where such interests are not of
32 equivalent value cash may be paid or received for the
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1 difference in value.
2 (c) If at the time any property previously determined by
3 the Department to be needed for highway purposes is declared
4 no longer needed for such purposes, and the person from whom
5 such property was acquired still owns and has continuously
6 owned land abutting such property since the acquisition by
7 the Department, the Department before making any disposition
8 of that property shall first offer in writing that property
9 to the person from whom such property was acquired at the
10 current appraised value of the property. If the offer is
11 accepted in writing within 60 days of the date of the written
12 offer, the Department, subject to the written approval of the
13 Governor, is authorized to dispose of such property to the
14 person from whom such property was acquired upon payment of
15 the appraised value. If the offer is not accepted in writing
16 within 60 days of the date of the written offer, all rights
17 under this paragraph shall terminate.
18 (d) If the Department enters into or currently has a
19 written contract with another highway authority for the
20 transfer of jurisdiction of any highway or portion thereof,
21 the Department is authorized to convey, without compensation,
22 any land, dedications, easements, access rights, or any
23 interest in the real estate that it holds to that specific
24 highway or portion thereof to the highway authority that is
25 accepting or has accepted jurisdiction. However, no part of
26 the transferred property can be vacated or disposed of
27 without the approval of the Department, which may require
28 compensation for non-public use.
29 (Source: P.A. 83-312.)
30 Section 99. Effective date. This Section and the
31 changes to Section 11-90-5 of the Illinois Municipal Code
32 take effect upon becoming law.