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90_SB0862enr
605 ILCS 5/4-508 from Ch. 121, par. 4-508
Amends the Illinois Highway Code. Provides that if the
Department of Transportation obtains an interest in any land,
right, or other property and must comply with the provisions
of the Land and Water Conservation Fund Act of 1965, the
Historic Bridge Program, the National Historic Preservation
Act, the Interagency Wetland Policy Act of 1989, or the
Illinois State Agency Historic Resources Preservation Act, it
may, with the written approval of the Governor and
concurrence of the grantee, convey its title or interest to
another governmental agency, a not-for-profit organization,
or a private conservation organization that will use the
land, right, or property for purposes consistent with the
appropriate law. Provides that the Department may retain
rights to protect the public interest. Effective immediately.
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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 paragraph (c) of
9 this Section, and subject to the written approval of the
10 Governor, the Department may dispose of, by public sale, at
11 auction or by sealed bids, any land, rights or other
12 properties, real or personal, acquired for but no longer
13 needed for highway purposes or remanents acquired under the
14 provisions of Section 4-501, provided that no such sale may
15 be made for less than the fair appraised value of such land,
16 rights, or property.
17 (b) Except as provided in paragraph (c) of this Section,
18 and subject to the written approval of the Governor, the
19 Department may exchange any land, rights or property no
20 longer needed for highway purposes, or remanents, acquired
21 under the provisions of Section 4-501 of this Code for
22 equivalent interests in land, rights or property needed for
23 highway purposes. Where such interests are not of equivalent
24 value cash may be paid or received for the difference in
25 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) Except as provided in paragraph (c) of this Section,
12 if the Department obtains or obtained fee simple title to,
13 or any lesser interest, in any land, right, or other property
14 and must comply with subdivision (f)(3) of Section 6 of Title
15 I of the Land and Water Conservation Fund Act of 1965 (16
16 U.S.C. 460 l-8(f)(3)), the Historic Bridge Program
17 established under Title 23, United States Code, Section 144,
18 subsection (o) (23 U.S.C. 144(o)), the National Historic
19 Preservation Act (16 U.S.C. Sec. 470), the Interagency
20 Wetland Policy Act of 1989, or the Illinois State Agency
21 Historic Resources Preservation Act, the Department, subject
22 to the written approval of the Governor and concurrence of
23 the grantee, is authorized to convey the title or interest in
24 the land, right, or other property to another governmental
25 agency, or a not-for-profit organization that will use the
26 property for purposes consistent with the appropriate law.
27 The Department may retain rights to protect the public
28 interest.
29 (Source: P.A. 83-312.)
30 Section 99. Effective date. This Act takes effect upon
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1 becoming law.