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| [ Senate Amendment 003 ] |
90_SB1288sam001
LRB9007928DJcdam01
1 AMENDMENT TO SENATE BILL 1288
2 AMENDMENT NO. . Amend Senate Bill 1288 by replacing
3 the title with the following:
4 "AN ACT to amend the Toll Highway Act by changing certain
5 Sections and adding certain Sections."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Toll Highway Act is amended by changing
9 Sections 9, 11, and 14 and adding Sections 7.5, 9.5, 9.10,
10 9.15, 9.20, 9.25, 9.30, 9.35, 9.40, 9.45, 9.50, and 9.60 as
11 follows:
12 (605 ILCS 10/7.5 new)
13 Sec. 7.5. Public comments at board meetings. The board
14 of directors shall set aside a portion of each meeting of the
15 board that is open to the public pursuant to the provisions
16 of the Open Meetings Act during which members of the public
17 who are present at the meeting may comment on any subject.
18 (605 ILCS 10/9) (from Ch. 121, par. 100-9)
19 Sec. 9. The Authority shall have the power:
20 (a) To prepare, or cause to be prepared detailed
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1 plans, specifications and estimates, from time to time,
2 for the construction, relocation, repair, maintenance and
3 operation of toll highways within and through the State
4 of Illinois.
5 (b) To acquire, hold and use real and personal
6 property, including rights, rights-of-way, franchises,
7 easements and other interests in land as it may desire,
8 or as may be necessary or convenient for its authorized
9 purposes by purchase, gift, grant or otherwise, and to
10 take title thereto; to acquire in the manner that may now
11 or hereafter be provided for by the law of eminent domain
12 of this State, any real or personal property (including
13 road building materials and public lands, parks,
14 playgrounds, reservations, highways or parkways, or parts
15 thereof, or rights therein, of any person, railroad,
16 public service, public utility, or municipality or
17 political subdivision) necessary or convenient for its
18 authorized purpose. Such acquisition of real property,
19 whether by purchase, gift, condemnation or otherwise,
20 wherever necessary or convenient in the discretion of the
21 Authority, may include the extension of existing rights
22 and easements of access, use and crossing held by any
23 person or persons, interests in land abutting on existing
24 highways, and remnants or remainder property; and such
25 acquisitions of real property may be free and clear of,
26 and without any rights or easements of access, use and
27 crossing in favor of any person or persons including
28 interest in any land adjacent or contiguous to the land
29 so acquired, provided however, that nothing herein
30 contained shall be construed to authorize the taking or
31 damaging of any private property for such purposes by the
32 Authority, without just compensation.
33 (c) To accept conveyance of fee simple title to, or
34 any lesser interest in, land, rights or property conveyed
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1 by the Department of Transportation under Section 4-508.1
2 of the Illinois Highway Code.
3 (c-1) To establish presently the approximate
4 locations and widths of rights of way for future
5 additions to the toll highway system to inform the public
6 and prevent costly and conflicting development of the
7 land involved.
8 The Authority shall hold a public hearing whenever
9 approximate locations and widths of rights of way for
10 future toll highway additions are to be established. The
11 hearing shall be held in or near the county or counties
12 in which the land to be used is located and notice of the
13 hearing shall be published in a newspaper or newspapers
14 of general circulation in the county or counties
15 involved. Any interested person or his or her
16 representative may be heard. The Authority shall
17 evaluate the testimony given at the hearing.
18 The Authority shall make a survey and prepare a map
19 showing the location and approximate widths of the rights
20 of way needed for future additions to the toll highway
21 system. The map shall show existing highways in the area
22 involved and the property lines and owners of record of
23 all land that will be needed for the future additions and
24 all other pertinent information. Approval of the map
25 with any changes resulting from the hearing shall be
26 indicated in the record of the hearing and a notice of
27 the approval and a copy of the map shall be filed in the
28 office of the recorder for all counties in which the land
29 needed for future additions is located.
30 Public notice of the approval and filing shall be
31 given in newspapers of general circulation in all
32 counties in which the land is located and shall be served
33 by registered mail within 60 days thereafter on all
34 owners of record of the land needed for future additions.
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1 The Authority may approve changes in the map from
2 time to time. The changes shall be filed and notice
3 given in the manner provided for an original map.
4 After the map is filed and notice thereof given to
5 the owners of record of the land needed for future
6 additions, no person shall incur development costs or
7 place improvements in, upon, or under the land involved
8 nor rebuild, alter, or add to any existing structure
9 without first giving 60 days' notice by registered mail
10 to the Authority. This prohibition shall not apply to
11 any normal or emergency repairs to existing structures.
12 The Authority shall have 45 days after receipt of that
13 notice to inform the owner of the Authority's intention
14 to acquire the land involved, after which it shall have
15 an additional 120 days to acquire the land by purchase or
16 to initiate action to acquire the land through the
17 exercise of the right of eminent domain. When the right
18 of way is acquired by the Authority, no damages shall be
19 allowed for any construction, alteration, or addition in
20 violation of this subsection (c-1) unless the Authority
21 has failed to acquire the land by purchase or has
22 abandoned an eminent domain proceeding initiated in
23 accordance with this subsection (c-1).
24 Any right of way needed for additions to the toll
25 highway system may be acquired at any time by the
26 Authority. The time of determination of the value of the
27 property to be taken under this Section for additions to
28 the toll highway system shall be the date of the actual
29 taking, if the property is acquired by purchase, or the
30 date of the filing of a complaint for condemnation, if
31 the property is acquired through the exercise of the
32 right of eminent domain, rather than the date when the
33 map of the proposed right of way was filed of record.
34 (c-2) Not more than 10 years after a protected
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1 corridor is established under subsection (c-1), and not
2 later than the expiration of each 10-year period
3 thereafter, the Authority shall hold a public hearing to
4 discuss the viability and feasibility of the protected
5 corridor. Following the hearing and giving due
6 consideration to the information obtained at the hearing,
7 the Board of Directors of the Authority shall vote to
8 either continue or abolish the protected corridor.
9 (d) It is hereby declared, as a matter of
10 legislative determination, that the fundamental goal of
11 the people of Illinois is the educational development of
12 all persons to the limits of their capacities, and this
13 educational development requires the provision of
14 environmentally and physically safe facilities.
15 If the building line of a building used primarily
16 for the purpose of educating elementary or secondary
17 students lies within 100 feet of any ingress or egress
18 ramp that is used or that has been used by traffic
19 exiting or entering any toll highway operated by the Toll
20 Highway Authority, the Toll Highway Authority shall
21 acquire the building, together with any property owned,
22 leased, or utilized adjacent to it and pertaining to its
23 educational operations, from the school district that
24 owns or operates it, for just compensation. "Just
25 compensation" for purposes of this subsection (d) means
26 the replacement cost of the building and adjacent
27 property so that the students educated in the building
28 have the opportunity to be educated according to
29 standards prevailing in the State of Illinois.
30 (Source: P.A. 89-297, eff. 8-11-95.)
31 (605 ILCS 10/9.5 new)
32 Sec. 9.5. Acquisition by purchase or by condemnation.
33 The Authority is authorized to acquire by purchase or by
34 condemnation, in the manner provided for the exercise of the
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1 power of eminent domain under Article VII of the Code of
2 Civil Procedure, any and all lands, buildings, and grounds
3 necessary or convenient for its authorized purpose. The
4 Authority shall comply with the federal Uniform Relocation
5 Assistance and Real Property Acquisition Policies Act, Public
6 Law 91-646, as amended, and the implementing regulations in
7 49 CFR Part 24 and is authorized to operate a relocation
8 program and to pay relocation costs. If there is a conflict
9 between the provisions of this amendatory Act of 1998 and the
10 provisions of the federal law or regulations, however, the
11 provisions of this amendatory Act of 1998 shall control. The
12 Authority is authorized to exceed the maximum payment limits
13 of the federal Uniform Relocation Assistance and Real
14 Property Acquisition Policies Act when necessary to ensure
15 the provision of decent, safe, or sanitary housing, or to
16 secure a suitable relocation site. The Authority may not
17 adopt rules to implement the federal law or regulations
18 referenced in this Section unless those rules have received
19 the prior approval of the Joint Committee on Administrative
20 Rules.
21 (605 ILCS 10/9.10 new)
22 Sec. 9.10. Acquisition of property.
23 (a) Prior to the initiation of negotiations, the
24 Authority shall establish an amount that it believes is just
25 compensation for the property. The amount shall not be less
26 than the appraisal of the fair market value of the property.
27 Promptly thereafter, the Authority shall make a written offer
28 to the owner to acquire the property for the full amount
29 believed to be just compensation. Along with the initial
30 written purchase offer, the owner shall be given a written
31 statement of the basis for the offer. For owner-occupied
32 dwellings, upon the owner's request, the Authority shall
33 exchange its approved appraisal with the owner's appraisal
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1 obtained from a State-certified general real estate
2 appraiser.
3 (b) The Authority shall make every reasonable effort to
4 contact the owner or the owner's representative and discuss
5 its offer to purchase the property. The owner shall be given
6 every reasonable opportunity to consider the offer and
7 present material that the owner believes is relevant to
8 determining the value of the property, including an appraisal
9 obtained by the owner from a State-certified general real
10 estate appraiser, and to suggest modifications in the
11 proposed terms and conditions of the purchase. The
12 Authority shall pay for the cost of the owner's appraisal for
13 an owner-occupied dwelling.
14 (c) To the extent permitted by applicable law, the
15 appraiser shall disregard any decrease or increase in the
16 fair market value of the real property caused by the project
17 for which the property is to be acquired, or caused by the
18 likelihood that the property would be acquired for the
19 project, other than that due to the physical deterioration of
20 the property that was within the reasonable control of the
21 owner. If comparable sales of similar properties are
22 factored into the amount of just compensation offered by the
23 Authority, those comparable sales must have been with respect
24 to property located outside the protected corridor.
25 (d) The Authority shall reimburse the owner of an
26 owner-occupied dwelling for the reasonable attorney's fees
27 actually incurred by the owner as a result of the Authority's
28 acquisition of the property.
29 (605 ILCS 10/9.15 new)
30 Sec. 9.15. Owner retention of certain items. The owner
31 of property to be acquired by the Authority shall have the
32 right to retain ownership of a dwelling's cabinets, moldings,
33 and fixtures. If the Authority acquires the dwelling, the
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1 property owner may remove cabinets, moldings, and fixtures if
2 stipulated in the agreement to purchase the property.
3 (605 ILCS 10/9.20 new)
4 Sec. 9.20. Condemnation proceeding expenses. The owner
5 of property to be acquired by the Authority shall be
6 reimbursed for any reasonable expenses, including reasonable
7 attorney, appraisal, and engineering fees, that the owner
8 actually incurred because of a condemnation proceeding if:
9 (1) the final judgement of the court is that the
10 Authority cannot acquire the property by condemnation; or
11 (2) the condemnation proceeding is abandoned by the
12 Authority other than under an agreed-upon settlement.
13 (605 ILCS 10/9.25 new)
14 Sec. 9.25. Comparable replacement dwelling; additional
15 or supplemental housing payment. Whenever the cost of a
16 comparable replacement dwelling is greater than what the
17 Authority paid the property owner, the Authority shall
18 provide additional or supplemental housing payments. No
19 person shall be required to move from a dwelling unless
20 comparable replacement housing is available to the person.
21 The total of additional or supplemental housing payments to a
22 property owner under this Section shall not exceed $25,000.
23 (605 ILCS 10/9.30 new)
24 Sec. 9.30. Moving Expenses and Direct Losses of Personal
25 Property Caused by Displacement. The Authority is authorized
26 to pay, as part of the cost of construction of any project on
27 a toll highway, to any person displaced by the highway
28 project (1) actual reasonable expenses in moving himself or
29 herself, his or her family, and his or her business, farm
30 operation, or other personal property; (2) actual direct
31 losses of tangible personal property as a result of moving or
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1 discontinuing a business or farm operation but not to exceed
2 an amount equal to the reasonable expenses that would have
3 been required to relocate the property, as determined by the
4 Authority; (3) actual reasonable expenses in searching for a
5 replacement business or farm; and (4) actual reasonable
6 expenses necessary to reestablish a displaced farm, nonprofit
7 organization, or small business at its new site, but not to
8 exceed $10,000.
9 (605 ILCS 10/9.35 new)
10 Sec. 9.35. Expense and Dislocation Allowance. In lieu of
11 the payments authorized to be paid under this Act, the
12 Authority may pay any person displaced from a dwelling, who
13 elects to accept the payment, an expense and dislocation
14 allowance which shall be determined according to a schedule
15 established by the Authority.
16 (605 ILCS 10/9.40 new)
17 Sec. 9.40. Relocation Payments. In lieu of the payments
18 authorized to be paid under this Act, the Authority may pay
19 any person who moves or discontinues his or her business or
20 farm operation, who elects to accept the payment, a fixed
21 relocation payment in an amount equal to the average annual
22 net earnings of the business or the farm operation, except
23 that the payment shall be not less than $1,000 nor more than
24 $20,000.
25 (605 ILCS 10/9.45 new)
26 Sec. 9.45. Additional Payments for Dwelling and Rental of
27 Dwelling.
28 (a) In addition to the amounts authorized to be paid
29 under this Act by the Authority, the Authority may, as a part
30 of the cost of construction, make a payment not to exceed
31 $25,000 to any displaced person who is displaced from a
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1 dwelling acquired for a toll highway project actually owned
2 and occupied by the displaced person for not less than 180
3 days before the initiation of negotiations for the
4 acquisition of the property. The payment shall include the
5 following elements:
6 (1) The amount, if any, which, when added to the
7 acquisition cost of the dwelling acquired equals the
8 reasonable cost of a comparable replacement dwelling
9 determined in accordance with standards established by
10 the Authority to be a decent, safe, and sanitary dwelling
11 adequate to accommodate the displaced person, reasonably
12 accessible to public services and places of employment,
13 and available on the private market.
14 (2) The amount, if any, which will compensate the
15 displaced person for any increased interest costs which
16 the person is required to pay for financing the
17 acquisition of any such comparable replacement dwelling.
18 The amount shall be paid only if the dwelling acquired by
19 the Authority was encumbered by a bona fide mortgage
20 which was a valid lien on the dwelling for not less than
21 180 days before the initiation of negotiations for the
22 acquisition of the dwelling.
23 (3) Reasonable expenses incurred by the displaced
24 person for evidence of title, recording fees, and other
25 closing costs incident to the purchase of the replacement
26 dwelling, but not including prepaid expenses.
27 (b) The additional payment authorized under subsection
28 (a) shall not exceed $25,000 and shall be made only to a
29 displaced person who purchases and occupies a replacement
30 dwelling that meets the standards established by the
31 Authority to be decent, safe and sanitary, not later than the
32 end of the one year period beginning on the date on which he
33 or she receives from the Authority final payment of all costs
34 of the acquired dwelling, or on the date on which he or she
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1 moves from the dwelling acquired for the highway project,
2 whichever is the later date.
3 (c) Any displaced person who is not eligible to receive
4 payment under subsection (a) and who is displaced from any
5 dwelling which was actually and lawfully occupied by the
6 displaced person for not less than 90 days before the
7 initiation of negotiations for acquisition of the dwelling,
8 may be paid by the Authority either (1) an amount necessary
9 to enable the displaced person to lease or rent, for a period
10 not to exceed 42 months, a decent, safe, and sanitary
11 dwelling of standards adequate to accommodate the person in
12 areas not generally less desirable in regard to public
13 utilities and public and commercial facilities and reasonably
14 accessible to his or her place of employment, but not to
15 exceed the sum of $5,250, or (2) the amount necessary to
16 enable the person to make a down payment, including
17 incidental expenses described in item (1) of this subsection
18 (c), on the purchase of a decent, safe, and sanitary dwelling
19 of standards adequate to accommodate the person in areas not
20 generally less desirable in regard to public utilities and
21 public and commercial facilities, but not to exceed the
22 amount payable under item (1) of this subsection (c), except
23 that in the case of a homeowner who owned and occupied the
24 displaced dwelling for at least 90 days but not more than 180
25 days immediately before the initiating of negotiations, the
26 down payment shall not exceed the amount payable under this
27 Act for persons who owned and occupied the property for 180
28 days before the initiation of negotiations.
29 (d) If comparable replacement sale or rental housing is
30 not available within the limitations of this Section, the
31 Authority may make a payment in excess of the maximum
32 payments authorized by this Section as required to provide
33 replacement housing.
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1 (605 ILCS 10/9.50 new)
2 Sec. 9.50. Reimbursement for Certain Expenses and
3 Mortgage Penalty. In addition to the other amounts authorized
4 to be paid under this Act, the Authority may reimburse the
5 owner of real property acquired for a toll highway project
6 the reasonable and necessary expenses incurred for (1)
7 recording fees, transfer taxes, and similar expenses
8 incidental to conveying the real property; and (2) penalty
9 costs for prepayment of any pre-existing recorded mortgages
10 entered into in good faith encumbering the real property.
11 (605 ILCS 10/9.60 new)
12 Sec. 9.60. Construction in Relation to Eminent Domain.
13 Nothing contained in this amendatory Act of 1998 creates in
14 any proceedings brought under the power of eminent domain any
15 element of damages not in existence on the effective date of
16 this amendatory Act of 1998.
17 (605 ILCS 10/11) (from Ch. 121, par. 100-11)
18 Sec. 11. The Authority shall have power:
19 (a) To enter upon lands, waters and premises in the
20 State for the purpose of making surveys, soundings, drillings
21 and examinations as may be necessary, expedient or convenient
22 for the purposes of this Act, and such entry shall not be
23 deemed to be a trespass, nor shall an entry for such purpose
24 be deemed an entry under any condemnation proceedings which
25 may be then pending; provided, however, that the Authority
26 shall make reimbursement for any actual damage resulting to
27 such lands, waters and premises as the result of such
28 activities.
29 (b) To construct, maintain and operate stations for the
30 collection of tolls or charges upon and along any toll
31 highways.
32 (c) To provide for the collection of tolls and charges
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1 for the privilege of using the said toll highways. Before it
2 adopts an increase in the rates for toll, the Authority shall
3 hold a public hearing at which any person may appear, express
4 opinions, suggestions, or objections, or direct inquiries
5 relating to the proposed increase. Any person may submit a
6 written statement to the Authority at the hearing, whether
7 appearing in person or not. The hearing shall be held in the
8 county in which the proposed increase of the rates is to take
9 place. The Authority shall give notice of the hearing by
10 advertisement on 3 successive days at least 15 days prior to
11 the date of the hearing in a daily newspaper of general
12 circulation within the county within which the hearing is
13 held. The notice shall state the date, time, and place of
14 the hearing, shall contain a description of the proposed
15 increase, and shall specify how interested persons may obtain
16 copies of any reports, resolutions, or certificates
17 describing the basis on which the proposed change,
18 alteration, or modification was calculated. After
19 consideration of any statements filed or oral opinions,
20 suggestions, objections, or inquiries made at the hearing,
21 the Authority may proceed to adopt the proposed increase of
22 the rates for toll. No Any change or, alteration in or
23 modification of the rates for toll shall not be effective
24 unless at least 30 days prior to the effective date
25 establishment of such rates notice thereof shall be given to
26 the public by publication in a newspaper of general
27 circulation, and such notice, or notices, thereof shall be
28 posted and publicly displayed at each and every toll station
29 upon or along said toll highways.
30 (d) To construct, at the Authority's discretion, grade
31 separations at intersections with any railroads, waterways,
32 street railways, streets, thoroughfares, public roads or
33 highways intersected by the said toll highways, and to change
34 and adjust the lines and grades thereof so as to accommodate
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1 the same to the design of such grade separation and to
2 construct interchange improvements. The Authority is
3 authorized to provide such grade separations or interchange
4 improvements at its own cost or to enter into contracts or
5 agreements with reference to division of cost therefor with
6 any municipality or political subdivision of the State of
7 Illinois, or with the Federal Government, or any agency
8 thereof, or with any corporation, individual, firm, person or
9 association. Where such structures have been built by the
10 Authority and a local highway agency did not enter into an
11 agreement to the contrary, the Authority shall maintain the
12 entire structure, including the road surface, at the
13 Authority's expense.
14 (e) To contract with and grant concessions to or lease
15 or license to any person, partnership, firm, association or
16 corporation so desiring the use of any part of any toll
17 highways, excluding the paved portion thereof, but including
18 the right of way adjoining, under, or over said paved portion
19 for the placing of telephone, telegraph, electric, power
20 lines and other utilities, and for the placing of pipe lines,
21 and to enter into operating agreements with or to contract
22 with and grant concessions to or to lease to any person,
23 partnership, firm, association or corporation so desiring the
24 use of any part of the toll highways, excluding the paved
25 portion thereof, but including the right of way adjoining, or
26 over said paved portion for motor fuel service stations and
27 facilities, garages, stores and restaurants, or for any other
28 lawful purpose, and to fix the terms, conditions, rents,
29 rates and charges for such use.
30 The Authority shall also have power to establish
31 reasonable regulations for the installation, construction,
32 maintenance, repair, renewal, relocation and removal of
33 pipes, mains, conduits, cables, wires, towers, poles and
34 other equipment and appliances (herein called public
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1 utilities) of any public utility as defined in the Public
2 Utilities Act along, over or under any toll road project.
3 Whenever the Authority shall determine that it is necessary
4 that any such public utility facilities which now are located
5 in, on, along, over or under any project or projects be
6 relocated or removed entirely from any such project or
7 projects, the public utility owning or operating such
8 facilities shall relocate or remove the same in accordance
9 with the order of the Authority. All costs and expenses of
10 such relocation or removal, including the cost of installing
11 such facilities in a new location or locations, and the cost
12 of any land or lands, or interest in land, or any other
13 rights required to accomplish such relocation or removal
14 shall be ascertained and paid by the Authority as a part of
15 the cost of any such project or projects, and further, there
16 shall be no rent, fee or other charge of any kind imposed
17 upon the public utility owning or operating any facilities
18 ordered relocated on the properties of the said Authority and
19 the said Authority shall grant to the said public utility
20 owning or operating said facilities and its successors and
21 assigns the right to operate the same in the new location or
22 locations for as long a period and upon the same terms and
23 conditions as it had the right to maintain and operate such
24 facilities in their former location or locations.
25 (Source: P.A. 86-1164.)
26 (605 ILCS 10/14) (from Ch. 121, par. 100-14)
27 Sec. 14. (a) The Authority shall, prior to the
28 commencement of any engineering and traffic study or studies
29 to determine the feasibility of constructing additional toll
30 highways within the State of Illinois, submit to the Governor
31 for his approval, the route, or routes, proposed for
32 additional toll highways together with an estimate of the
33 cost of the proposed study or studies. If the Governor shall
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1 approve such proposed study or studies and the estimated cost
2 thereof, or shall fail to disapprove such proposed study or
3 studies and estimate of cost thereof, within 30 days after
4 receipt thereof, the Authority may, thereupon, proceed with
5 such study or studies.
6 (b) The Authority shall create a local advisory
7 committee of members from each county in which any portion of
8 an additional toll highway is proposed to be constructed.
9 The committee members shall be designated by township and
10 municipal governing bodies in proportion to the percentage of
11 corridor property situated within the unincorporated area of
12 a township and incorporated municipalities located in the
13 same township. No less than 50% of the members of this
14 committee shall be representatives of organized citizen
15 groups directly affected by the proposed corridor. All
16 meetings shall be held in compliance with the Open Meetings
17 Act. The committee shall consider and advise the Authority
18 with respect to the impact on property owners, land use, and
19 other impacts of the proposed highway.
20 (Source: Laws 1967, p. 2748.)".