State of Illinois
92nd General Assembly

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]

[ Introduced ][ Engrossed ][ House Amendment 001 ]




 1                    AMENDMENT TO HOUSE BILL 5592

 2        AMENDMENT NO.     .  Amend House Bill  5592  on  page  8,
 3    line 27, after "purposes", by inserting the following:
 4    ",  except  that  this provision shall not relieve the public
 5    utility from the obligation to pay for any physical damage it
 6    causes to improvements lawfully located in the  right-of-way.
 7    Owners  of  abutting  property whose descriptions include the
 8    right-of-way but are made subject to the  right-of-way  shall
 9    be entitled to compensation for use of the right-of-way"; and

10    on  page  10,  line  12,  after  "road.",  by  inserting  the
11    following:
12    "For  purposes  of  the  preceding  sentence,  property  that
13    includes a portion of a highway or road but is subject to the
14    highway or road shall not be considered to end at the highway
15    or road."; and

16    on  page  10,  line  19,  after  "consent.", by inserting the
17    following:
18    "This provision is not intended to  absolve  a  utility  from
19    obtaining  consent  from  a  lawful  owner  of the roadway or
20    highway property (i.e. a  person  whose  deed  of  conveyance
21    lawfully  includes  the property, whether or not made subject
22    to the highway or road) but who does not pay taxes by  reason
23    of Division 6 of Article 10 of the Property Tax Code."; and
                            -2-            LRB9215072BDdvam03
 1    on  page  11,  line  28,  after "property being conveyed", by
 2    inserting the following:
 3    "or expressly states that the road, street, highway, or alley
 4    is excepted from the property being  conveyed.  A  conveyance
 5    does  not expressly exclude a road, street, highway, or alley
 6    if the conveyance is described  as  being  "subject  to"  the
 7    road,  street,  highway, or alley. The rights accruing in the
 8    abutting property owner under this Act shall  be  subject  to
 9    all   existing   uses   and   easements  located  within  the
10    right-of-way; the rights shall also be subject to such future
11    uses and easements as may be permitted to be  located  within
12    the right-of-way under the provisions of the Illinois Highway
13    Code or any successor statute thereto".

[ Top ]