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90_SB1288eng
605 ILCS 10/7.5 new
605 ILCS 10/9 from Ch. 121, par. 100-9
605 ILCS 10/9.5 new
605 ILCS 10/9.10 new
605 ILCS 10/9.15 new
605 ILCS 10/9.20 new
605 ILCS 10/9.25 new
605 ILCS 10/11 from Ch. 121, par. 100-11
605 ILCS 10/14 from Ch. 121, par. 100-14
765 ILCS 205/9 from Ch. 109, par. 9
Amends the Toll Highway Act and the Plat Act. Requires
the board of directors of the Illinois State Toll Highway
Authority to set aside a portion of each meeting open to the
public during which the public may comment on any subject.
When the Authority establishes a protected corridor by making
and recording a plat, requires the Authority to begin
construction within 10 years. Makes numerous changes
relating to the acquisition of property by the Authority, the
rights of property owners, and payment of compensation to
property owners. Provides for a public hearing before the
adoption of any increase in toll rates. Requires the
Authority to create a local advisory committee of members
from each county in which a portion of an additional toll
highway is proposed to be constructed. Makes other changes.
LRB9007928WHmgC
SB1288 Engrossed LRB9007928WHmgC
1 AN ACT to amend the Toll Highway Act by changing certain
2 Sections and adding certain Sections.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Toll Highway Act is amended by changing
6 Sections 9, 11, and 14 and adding Sections 7.5, 9.5, 9.10,
7 9.15, 9.20, 9.25, 9.30, 9.35, 9.40, 9.45, 9.50, and 9.60 as
8 follows:
9 (605 ILCS 10/7.5 new)
10 Sec. 7.5. Public comments at board meetings. The board
11 of directors shall set aside a portion of each meeting of the
12 board that is open to the public pursuant to the provisions
13 of the Open Meetings Act during which members of the public
14 who are present at the meeting may comment on any subject.
15 (605 ILCS 10/9) (from Ch. 121, par. 100-9)
16 Sec. 9. The Authority shall have the power:
17 (a) To prepare, or cause to be prepared detailed
18 plans, specifications and estimates, from time to time,
19 for the construction, relocation, repair, maintenance and
20 operation of toll highways within and through the State
21 of Illinois.
22 (b) To acquire, hold and use real and personal
23 property, including rights, rights-of-way, franchises,
24 easements and other interests in land as it may desire,
25 or as may be necessary or convenient for its authorized
26 purposes by purchase, gift, grant or otherwise, and to
27 take title thereto; to acquire in the manner that may now
28 or hereafter be provided for by the law of eminent domain
29 of this State, any real or personal property (including
30 road building materials and public lands, parks,
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1 playgrounds, reservations, highways or parkways, or parts
2 thereof, or rights therein, of any person, railroad,
3 public service, public utility, or municipality or
4 political subdivision) necessary or convenient for its
5 authorized purpose. Such acquisition of real property,
6 whether by purchase, gift, condemnation or otherwise,
7 wherever necessary or convenient in the discretion of the
8 Authority, may include the extension of existing rights
9 and easements of access, use and crossing held by any
10 person or persons, interests in land abutting on existing
11 highways, and remnants or remainder property; and such
12 acquisitions of real property may be free and clear of,
13 and without any rights or easements of access, use and
14 crossing in favor of any person or persons including
15 interest in any land adjacent or contiguous to the land
16 so acquired, provided however, that nothing herein
17 contained shall be construed to authorize the taking or
18 damaging of any private property for such purposes by the
19 Authority, without just compensation.
20 (c) To accept conveyance of fee simple title to, or
21 any lesser interest in, land, rights or property conveyed
22 by the Department of Transportation under Section 4-508.1
23 of the Illinois Highway Code.
24 (c-1) To establish presently the approximate
25 locations and widths of rights of way for future
26 additions to the toll highway system to inform the public
27 and prevent costly and conflicting development of the
28 land involved.
29 The Authority shall hold a public hearing whenever
30 approximate locations and widths of rights of way for
31 future toll highway additions are to be established. The
32 hearing shall be held in or near the county or counties
33 in which the land to be used is located and notice of the
34 hearing shall be published in a newspaper or newspapers
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1 of general circulation in the county or counties
2 involved. Any interested person or his or her
3 representative may be heard. The Authority shall
4 evaluate the testimony given at the hearing.
5 The Authority shall make a survey and prepare a map
6 showing the location and approximate widths of the rights
7 of way needed for future additions to the toll highway
8 system. The map shall show existing highways in the area
9 involved and the property lines and owners of record of
10 all land that will be needed for the future additions and
11 all other pertinent information. Approval of the map
12 with any changes resulting from the hearing shall be
13 indicated in the record of the hearing and a notice of
14 the approval and a copy of the map shall be filed in the
15 office of the recorder for all counties in which the land
16 needed for future additions is located.
17 Public notice of the approval and filing shall be
18 given in newspapers of general circulation in all
19 counties in which the land is located and shall be served
20 by registered mail within 60 days thereafter on all
21 owners of record of the land needed for future additions.
22 The Authority may approve changes in the map from
23 time to time. The changes shall be filed and notice
24 given in the manner provided for an original map.
25 After the map is filed and notice thereof given to
26 the owners of record of the land needed for future
27 additions, no person shall incur development costs or
28 place improvements in, upon, or under the land involved
29 nor rebuild, alter, or add to any existing structure
30 without first giving 60 days' notice by registered mail
31 to the Authority. This prohibition shall not apply to
32 any normal or emergency repairs to existing structures.
33 The Authority shall have 45 days after receipt of that
34 notice to inform the owner of the Authority's intention
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1 to acquire the land involved, after which it shall have
2 an additional 120 days to acquire the land by purchase or
3 to initiate action to acquire the land through the
4 exercise of the right of eminent domain. When the right
5 of way is acquired by the Authority, no damages shall be
6 allowed for any construction, alteration, or addition in
7 violation of this subsection (c-1) unless the Authority
8 has failed to acquire the land by purchase or has
9 abandoned an eminent domain proceeding initiated in
10 accordance with this subsection (c-1).
11 Any right of way needed for additions to the toll
12 highway system may be acquired at any time by the
13 Authority. The time of determination of the value of the
14 property to be taken under this Section for additions to
15 the toll highway system shall be the date of the actual
16 taking, if the property is acquired by purchase, or the
17 date of the filing of a complaint for condemnation, if
18 the property is acquired through the exercise of the
19 right of eminent domain, rather than the date when the
20 map of the proposed right of way was filed of record.
21 (c-2) Not more than 10 years after a protected
22 corridor is established under subsection (c-1), and not
23 later than the expiration of each 10-year period
24 thereafter, the Authority shall hold a public hearing to
25 discuss the viability and feasibility of the protected
26 corridor. Following the hearing and giving due
27 consideration to the information obtained at the hearing,
28 the Board of Directors of the Authority shall vote to
29 either continue or abolish the protected corridor.
30 (d) It is hereby declared, as a matter of
31 legislative determination, that the fundamental goal of
32 the people of Illinois is the educational development of
33 all persons to the limits of their capacities, and this
34 educational development requires the provision of
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1 environmentally and physically safe facilities.
2 If the building line of a building used primarily
3 for the purpose of educating elementary or secondary
4 students lies within 100 feet of any ingress or egress
5 ramp that is used or that has been used by traffic
6 exiting or entering any toll highway operated by the Toll
7 Highway Authority, the Toll Highway Authority shall
8 acquire the building, together with any property owned,
9 leased, or utilized adjacent to it and pertaining to its
10 educational operations, from the school district that
11 owns or operates it, for just compensation. "Just
12 compensation" for purposes of this subsection (d) means
13 the replacement cost of the building and adjacent
14 property so that the students educated in the building
15 have the opportunity to be educated according to
16 standards prevailing in the State of Illinois.
17 (Source: P.A. 89-297, eff. 8-11-95.)
18 (605 ILCS 10/9.5 new)
19 Sec. 9.5. Acquisition by purchase or by condemnation.
20 The Authority is authorized to acquire by purchase or by
21 condemnation, in the manner provided for the exercise of the
22 power of eminent domain under Article VII of the Code of
23 Civil Procedure, any and all lands, buildings, and grounds
24 necessary or convenient for its authorized purpose. The
25 Authority shall comply with the federal Uniform Relocation
26 Assistance and Real Property Acquisition Policies Act, Public
27 Law 91-646, as amended, and the implementing regulations in
28 49 CFR Part 24 and is authorized to operate a relocation
29 program and to pay relocation costs. If there is a conflict
30 between the provisions of this amendatory Act of 1998 and the
31 provisions of the federal law or regulations, however, the
32 provisions of this amendatory Act of 1998 shall control. The
33 Authority is authorized to exceed the maximum payment limits
34 of the federal Uniform Relocation Assistance and Real
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1 Property Acquisition Policies Act when necessary to ensure
2 the provision of decent, safe, or sanitary housing, or to
3 secure a suitable relocation site. The Authority may not
4 adopt rules to implement the federal law or regulations
5 referenced in this Section unless those rules have received
6 the prior approval of the Joint Committee on Administrative
7 Rules.
8 (605 ILCS 10/9.10 new)
9 Sec. 9.10. Acquisition of property.
10 (a) Prior to the initiation of negotiations, the
11 Authority shall establish an amount that it believes is just
12 compensation for the property. The amount shall not be less
13 than the appraisal of the fair market value of the property.
14 Promptly thereafter, the Authority shall make a written offer
15 to the owner to acquire the property for the full amount
16 believed to be just compensation. Along with the initial
17 written purchase offer, the owner shall be given a written
18 statement of the basis for the offer. For owner-occupied
19 dwellings, upon the owner's request, the Authority shall
20 exchange its approved appraisal with the owner's appraisal
21 obtained from a State-certified general real estate
22 appraiser.
23 (b) The Authority shall make every reasonable effort to
24 contact the owner or the owner's representative and discuss
25 its offer to purchase the property. The owner shall be given
26 every reasonable opportunity to consider the offer and
27 present material that the owner believes is relevant to
28 determining the value of the property, including an appraisal
29 obtained by the owner from a State-certified general real
30 estate appraiser, and to suggest modifications in the
31 proposed terms and conditions of the purchase. The
32 Authority shall pay for the cost of the owner's appraisal for
33 an owner-occupied dwelling.
SB1288 Engrossed -7- LRB9007928WHmgC
1 (c) To the extent permitted by applicable law, the
2 appraiser shall disregard any decrease or increase in the
3 fair market value of the real property caused by the project
4 for which the property is to be acquired, or caused by the
5 likelihood that the property would be acquired for the
6 project, other than that due to the physical deterioration of
7 the property that was within the reasonable control of the
8 owner. If comparable sales of similar properties are
9 factored into the amount of just compensation offered by the
10 Authority, those comparable sales must have been with respect
11 to property located outside the protected corridor.
12 (d) When the Authority acquires an owner-occupied
13 dwelling the Authority shall reimburse the property owner up
14 to $500 for reasonable attorney's fees actually incurred by
15 the property owner related to closing costs in conjunction
16 with the property owner's purchase of a replacement dwelling.
17 (605 ILCS 10/9.15 new)
18 Sec. 9.15. Owner retention of certain items. The owner
19 of property to be acquired by the Authority shall have the
20 right to retain ownership of a dwelling's cabinets, moldings,
21 and fixtures. If the Authority acquires the dwelling, the
22 property owner may remove cabinets, moldings, and fixtures if
23 stipulated in the agreement to purchase the property.
24 (605 ILCS 10/9.20 new)
25 Sec. 9.20. Condemnation proceeding expenses. The owner
26 of property to be acquired by the Authority shall be
27 reimbursed for any reasonable expenses, including reasonable
28 attorney, appraisal, and engineering fees, that the owner
29 actually incurred because of a condemnation proceeding if:
30 (1) the final judgement of the court is that the
31 Authority cannot acquire the property by condemnation; or
32 (2) the condemnation proceeding is abandoned by the
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1 Authority other than under an agreed-upon settlement.
2 (605 ILCS 10/9.25 new)
3 Sec. 9.25. Comparable replacement dwelling; additional
4 or supplemental housing payment. Whenever the cost of a
5 comparable replacement dwelling is greater than what the
6 Authority paid the property owner, the Authority shall
7 provide additional or supplemental housing payments. No
8 person shall be required to move from a dwelling unless
9 comparable replacement housing is available to the person.
10 The total of additional or supplemental housing payments to a
11 property owner under this Section shall not exceed $25,000.
12 (605 ILCS 10/9.30 new)
13 Sec. 9.30. Moving Expenses and Direct Losses of Personal
14 Property Caused by Displacement. The Authority is authorized
15 to pay, as part of the cost of construction of any project on
16 a toll highway, to any person displaced by the highway
17 project (1) actual reasonable expenses in moving himself or
18 herself, his or her family, and his or her business, farm
19 operation, or other personal property; (2) actual direct
20 losses of tangible personal property as a result of moving or
21 discontinuing a business or farm operation but not to exceed
22 an amount equal to the reasonable expenses that would have
23 been required to relocate the property, as determined by the
24 Authority; (3) actual reasonable expenses in searching for a
25 replacement business or farm; and (4) actual reasonable
26 expenses necessary to reestablish a displaced farm, nonprofit
27 organization, or small business at its new site, but not to
28 exceed $10,000.
29 (605 ILCS 10/9.35 new)
30 Sec. 9.35. Expense and Dislocation Allowance. In lieu of
31 the payments authorized to be paid under this Act, the
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1 Authority may pay any person displaced from a dwelling, who
2 elects to accept the payment, an expense and dislocation
3 allowance which shall be determined according to a schedule
4 established by the Authority.
5 (605 ILCS 10/9.40 new)
6 Sec. 9.40. Relocation Payments. In lieu of the payments
7 authorized to be paid under this Act, the Authority may pay
8 any person who moves or discontinues his or her business or
9 farm operation, who elects to accept the payment, a fixed
10 relocation payment in an amount equal to the average annual
11 net earnings of the business or the farm operation, except
12 that the payment shall be not less than $1,000 nor more than
13 $20,000.
14 (605 ILCS 10/9.45 new)
15 Sec. 9.45. Additional Payments for Dwelling and Rental of
16 Dwelling.
17 (a) In addition to the amounts authorized to be paid
18 under this Act by the Authority, the Authority may, as a part
19 of the cost of construction, make a payment not to exceed
20 $25,000 to any displaced person who is displaced from a
21 dwelling acquired for a toll highway project actually owned
22 and occupied by the displaced person for not less than 180
23 days before the initiation of negotiations for the
24 acquisition of the property. The payment shall include the
25 following elements:
26 (1) The amount, if any, which, when added to the
27 acquisition cost of the dwelling acquired equals the
28 reasonable cost of a comparable replacement dwelling
29 determined in accordance with standards established by
30 the Authority to be a decent, safe, and sanitary dwelling
31 adequate to accommodate the displaced person, reasonably
32 accessible to public services and places of employment,
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1 and available on the private market.
2 (2) The amount, if any, which will compensate the
3 displaced person for any increased interest costs which
4 the person is required to pay for financing the
5 acquisition of any such comparable replacement dwelling.
6 The amount shall be paid only if the dwelling acquired by
7 the Authority was encumbered by a bona fide mortgage
8 which was a valid lien on the dwelling for not less than
9 180 days before the initiation of negotiations for the
10 acquisition of the dwelling.
11 (3) Reasonable expenses incurred by the displaced
12 person for evidence of title, recording fees, and other
13 closing costs incident to the purchase of the replacement
14 dwelling, but not including prepaid expenses.
15 (b) The additional payment authorized under subsection
16 (a) shall not exceed $25,000 and shall be made only to a
17 displaced person who purchases and occupies a replacement
18 dwelling that meets the standards established by the
19 Authority to be decent, safe and sanitary, not later than the
20 end of the one year period beginning on the date on which he
21 or she receives from the Authority final payment of all costs
22 of the acquired dwelling, or on the date on which he or she
23 moves from the dwelling acquired for the highway project,
24 whichever is the later date.
25 (c) Any displaced person who is not eligible to receive
26 payment under subsection (a) and who is displaced from any
27 dwelling which was actually and lawfully occupied by the
28 displaced person for not less than 90 days before the
29 initiation of negotiations for acquisition of the dwelling,
30 may be paid by the Authority either (1) an amount necessary
31 to enable the displaced person to lease or rent, for a period
32 not to exceed 42 months, a decent, safe, and sanitary
33 dwelling of standards adequate to accommodate the person in
34 areas not generally less desirable in regard to public
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1 utilities and public and commercial facilities and reasonably
2 accessible to his or her place of employment, but not to
3 exceed the sum of $5,250, or (2) the amount necessary to
4 enable the person to make a down payment, including
5 incidental expenses described in item (1) of this subsection
6 (c), on the purchase of a decent, safe, and sanitary dwelling
7 of standards adequate to accommodate the person in areas not
8 generally less desirable in regard to public utilities and
9 public and commercial facilities, but not to exceed the
10 amount payable under item (1) of this subsection (c), except
11 that in the case of a homeowner who owned and occupied the
12 displaced dwelling for at least 90 days but not more than 180
13 days immediately before the initiating of negotiations, the
14 down payment shall not exceed the amount payable under this
15 Act for persons who owned and occupied the property for 180
16 days before the initiation of negotiations.
17 (d) If comparable replacement sale or rental housing is
18 not available within the limitations of this Section, the
19 Authority may make a payment in excess of the maximum
20 payments authorized by this Section as required to provide
21 replacement housing.
22 (605 ILCS 10/9.50 new)
23 Sec. 9.50. Reimbursement for Certain Expenses and
24 Mortgage Penalty. In addition to the other amounts authorized
25 to be paid under this Act, the Authority may reimburse the
26 owner of real property acquired for a toll highway project
27 the reasonable and necessary expenses incurred for (1)
28 recording fees, transfer taxes, and similar expenses
29 incidental to conveying the real property; and (2) penalty
30 costs for prepayment of any pre-existing recorded mortgages
31 entered into in good faith encumbering the real property.
32 (605 ILCS 10/9.60 new)
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1 Sec. 9.60. Construction in Relation to Eminent Domain.
2 Nothing contained in this amendatory Act of 1998 creates in
3 any proceedings brought under the power of eminent domain any
4 element of damages not in existence on the effective date of
5 this amendatory Act of 1998.
6 (605 ILCS 10/11) (from Ch. 121, par. 100-11)
7 Sec. 11. The Authority shall have power:
8 (a) To enter upon lands, waters and premises in the
9 State for the purpose of making surveys, soundings, drillings
10 and examinations as may be necessary, expedient or convenient
11 for the purposes of this Act, and such entry shall not be
12 deemed to be a trespass, nor shall an entry for such purpose
13 be deemed an entry under any condemnation proceedings which
14 may be then pending; provided, however, that the Authority
15 shall make reimbursement for any actual damage resulting to
16 such lands, waters and premises as the result of such
17 activities.
18 (b) To construct, maintain and operate stations for the
19 collection of tolls or charges upon and along any toll
20 highways.
21 (c) To provide for the collection of tolls and charges
22 for the privilege of using the said toll highways. Before it
23 adopts an increase in the rates for toll, the Authority shall
24 hold a public hearing at which any person may appear, express
25 opinions, suggestions, or objections, or direct inquiries
26 relating to the proposed increase. Any person may submit a
27 written statement to the Authority at the hearing, whether
28 appearing in person or not. The hearing shall be held in the
29 county in which the proposed increase of the rates is to take
30 place. The Authority shall give notice of the hearing by
31 advertisement on 3 successive days at least 15 days prior to
32 the date of the hearing in a daily newspaper of general
33 circulation within the county within which the hearing is
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1 held. The notice shall state the date, time, and place of
2 the hearing, shall contain a description of the proposed
3 increase, and shall specify how interested persons may obtain
4 copies of any reports, resolutions, or certificates
5 describing the basis on which the proposed change,
6 alteration, or modification was calculated. After
7 consideration of any statements filed or oral opinions,
8 suggestions, objections, or inquiries made at the hearing,
9 the Authority may proceed to adopt the proposed increase of
10 the rates for toll. No Any change or, alteration in or
11 modification of the rates for toll shall not be effective
12 unless at least 30 days prior to the effective date
13 establishment of such rates notice thereof shall be given to
14 the public by publication in a newspaper of general
15 circulation, and such notice, or notices, thereof shall be
16 posted and publicly displayed at each and every toll station
17 upon or along said toll highways.
18 (d) To construct, at the Authority's discretion, grade
19 separations at intersections with any railroads, waterways,
20 street railways, streets, thoroughfares, public roads or
21 highways intersected by the said toll highways, and to change
22 and adjust the lines and grades thereof so as to accommodate
23 the same to the design of such grade separation and to
24 construct interchange improvements. The Authority is
25 authorized to provide such grade separations or interchange
26 improvements at its own cost or to enter into contracts or
27 agreements with reference to division of cost therefor with
28 any municipality or political subdivision of the State of
29 Illinois, or with the Federal Government, or any agency
30 thereof, or with any corporation, individual, firm, person or
31 association. Where such structures have been built by the
32 Authority and a local highway agency did not enter into an
33 agreement to the contrary, the Authority shall maintain the
34 entire structure, including the road surface, at the
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1 Authority's expense.
2 (e) To contract with and grant concessions to or lease
3 or license to any person, partnership, firm, association or
4 corporation so desiring the use of any part of any toll
5 highways, excluding the paved portion thereof, but including
6 the right of way adjoining, under, or over said paved portion
7 for the placing of telephone, telegraph, electric, power
8 lines and other utilities, and for the placing of pipe lines,
9 and to enter into operating agreements with or to contract
10 with and grant concessions to or to lease to any person,
11 partnership, firm, association or corporation so desiring the
12 use of any part of the toll highways, excluding the paved
13 portion thereof, but including the right of way adjoining, or
14 over said paved portion for motor fuel service stations and
15 facilities, garages, stores and restaurants, or for any other
16 lawful purpose, and to fix the terms, conditions, rents,
17 rates and charges for such use.
18 The Authority shall also have power to establish
19 reasonable regulations for the installation, construction,
20 maintenance, repair, renewal, relocation and removal of
21 pipes, mains, conduits, cables, wires, towers, poles and
22 other equipment and appliances (herein called public
23 utilities) of any public utility as defined in the Public
24 Utilities Act along, over or under any toll road project.
25 Whenever the Authority shall determine that it is necessary
26 that any such public utility facilities which now are located
27 in, on, along, over or under any project or projects be
28 relocated or removed entirely from any such project or
29 projects, the public utility owning or operating such
30 facilities shall relocate or remove the same in accordance
31 with the order of the Authority. All costs and expenses of
32 such relocation or removal, including the cost of installing
33 such facilities in a new location or locations, and the cost
34 of any land or lands, or interest in land, or any other
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1 rights required to accomplish such relocation or removal
2 shall be ascertained and paid by the Authority as a part of
3 the cost of any such project or projects, and further, there
4 shall be no rent, fee or other charge of any kind imposed
5 upon the public utility owning or operating any facilities
6 ordered relocated on the properties of the said Authority and
7 the said Authority shall grant to the said public utility
8 owning or operating said facilities and its successors and
9 assigns the right to operate the same in the new location or
10 locations for as long a period and upon the same terms and
11 conditions as it had the right to maintain and operate such
12 facilities in their former location or locations.
13 (Source: P.A. 86-1164.)
14 (605 ILCS 10/14) (from Ch. 121, par. 100-14)
15 Sec. 14. (a) The Authority shall, prior to the
16 commencement of any engineering and traffic study or studies
17 to determine the feasibility of constructing additional toll
18 highways within the State of Illinois, submit to the Governor
19 for his approval, the route, or routes, proposed for
20 additional toll highways together with an estimate of the
21 cost of the proposed study or studies. If the Governor shall
22 approve such proposed study or studies and the estimated cost
23 thereof, or shall fail to disapprove such proposed study or
24 studies and estimate of cost thereof, within 30 days after
25 receipt thereof, the Authority may, thereupon, proceed with
26 such study or studies.
27 (b) The Authority shall create a local advisory
28 committee of members from each county in which any portion of
29 an additional toll highway is proposed to be constructed.
30 The committee members shall be designated by township and
31 municipal governing bodies in proportion to the percentage of
32 corridor property situated within the unincorporated area of
33 a township and incorporated municipalities located in the
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1 same township. No less than 50% of the members of this
2 committee shall be representatives of organized citizen
3 groups directly affected by the proposed corridor. All
4 meetings shall be held in compliance with the Open Meetings
5 Act. The committee shall consider and advise the Authority
6 with respect to the impact on property owners, land use, and
7 other impacts of the proposed highway.
8 (Source: Laws 1967, p. 2748.)
9 Section 99. Effective date. This Act takes effect upon
10 becoming law.