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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
90_HB2746eng
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 Engrossed LRB9008778NTsbA
1 AN ACT to amend the Illinois Highway Code by changing
2 Section 4-508.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Highway Code is amended by
6 changing Section 4-508 as follows:
7 (605 ILCS 5/4-508) (from Ch. 121, par. 4-508)
8 Sec. 4-508. (a) Except as provided in paragraphs
9 paragraph (c) and (d) of this Section, and subject to the
10 written approval of the Governor, the Department may dispose
11 of, by public sale, at auction or by sealed bids, any land,
12 rights or other properties, real or personal, acquired for
13 but no longer needed for highway purposes or remanents
14 acquired under the provisions of Section 4-501, provided that
15 no such sale may be made for less than the fair appraised
16 value of such land, rights, or property.
17 (b) Except as provided in paragraphs paragraph (c) and
18 (d) of this Section, and subject to the written approval of
19 the Governor, the Department may exchange any land, rights or
20 property no longer needed for highway purposes, or remanents,
21 acquired under the provisions of Section 4-501 of this Code
22 for equivalent interests in land, rights or property needed
23 for highway purposes. Where such interests are not of
24 equivalent value cash may be paid or received for the
25 difference in value.
26 (c) If at the time any property previously determined by
27 the Department to be needed for highway purposes is declared
28 no longer needed for such purposes, and the person from whom
29 such property was acquired still owns and has continuously
30 owned land abutting such property since the acquisition by
31 the Department, the Department before making any disposition
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1 of that property shall first offer in writing that property
2 to the person from whom such property was acquired at the
3 current appraised value of the property. If the offer is
4 accepted in writing within 60 days of the date of the written
5 offer, the Department, subject to the written approval of the
6 Governor, is authorized to dispose of such property to the
7 person from whom such property was acquired upon payment of
8 the appraised value. If the offer is not accepted in writing
9 within 60 days of the date of the written offer, all rights
10 under this paragraph shall terminate.
11 (d) If the Department enters into or currently has a
12 written contract with another highway authority for the
13 transfer of jurisdiction of any highway or portion thereof,
14 the Department is authorized to convey, without compensation,
15 any land, dedications, easements, access rights, or any
16 interest in the real estate that it holds to that specific
17 highway or portion thereof to the highway authority that is
18 accepting or has accepted jurisdiction. However, no part of
19 the transferred property can be vacated or disposed of
20 without the approval of the Department, which may require
21 compensation for non-public use.
22 (Source: P.A. 83-312.)