Public Act 90-0681 of the 90th General Assembly
Public Act 90-0681
SB1288 Enrolled LRB9007928WHmgC
AN ACT to amend the Toll Highway Act by changing certain
Sections and adding certain Sections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Toll Highway Act is amended by changing
Sections 9, 11, and 14 and adding Sections 7.5, 9.5, 9.10,
9.15, 9.20, 9.25, 9.30, 9.35, 9.40, 9.45, 9.50, and 9.60 as
follows:
(605 ILCS 10/7.5 new)
Sec. 7.5. Public comments at board meetings. The board
of directors shall set aside a portion of each meeting of the
board that is open to the public pursuant to the provisions
of the Open Meetings Act during which members of the public
who are present at the meeting may comment on any subject.
(605 ILCS 10/9) (from Ch. 121, par. 100-9)
Sec. 9. The Authority shall have the power:
(a) To prepare, or cause to be prepared detailed
plans, specifications and estimates, from time to time,
for the construction, relocation, repair, maintenance and
operation of toll highways within and through the State
of Illinois.
(b) To acquire, hold and use real and personal
property, including rights, rights-of-way, franchises,
easements and other interests in land as it may desire,
or as may be necessary or convenient for its authorized
purposes by purchase, gift, grant or otherwise, and to
take title thereto; to acquire in the manner that may now
or hereafter be provided for by the law of eminent domain
of this State, any real or personal property (including
road building materials and public lands, parks,
playgrounds, reservations, highways or parkways, or parts
thereof, or rights therein, of any person, railroad,
public service, public utility, or municipality or
political subdivision) necessary or convenient for its
authorized purpose. Such acquisition of real property,
whether by purchase, gift, condemnation or otherwise,
wherever necessary or convenient in the discretion of the
Authority, may include the extension of existing rights
and easements of access, use and crossing held by any
person or persons, interests in land abutting on existing
highways, and remnants or remainder property; and such
acquisitions of real property may be free and clear of,
and without any rights or easements of access, use and
crossing in favor of any person or persons including
interest in any land adjacent or contiguous to the land
so acquired, provided however, that nothing herein
contained shall be construed to authorize the taking or
damaging of any private property for such purposes by the
Authority, without just compensation.
(c) To accept conveyance of fee simple title to, or
any lesser interest in, land, rights or property conveyed
by the Department of Transportation under Section 4-508.1
of the Illinois Highway Code.
(c-1) To establish presently the approximate
locations and widths of rights of way for future
additions to the toll highway system to inform the public
and prevent costly and conflicting development of the
land involved.
The Authority shall hold a public hearing whenever
approximate locations and widths of rights of way for
future toll highway additions are to be established. The
hearing shall be held in or near the county or counties
in which the land to be used is located and notice of the
hearing shall be published in a newspaper or newspapers
of general circulation in the county or counties
involved. Any interested person or his or her
representative may be heard. The Authority shall
evaluate the testimony given at the hearing.
The Authority shall make a survey and prepare a map
showing the location and approximate widths of the rights
of way needed for future additions to the toll highway
system. The map shall show existing highways in the area
involved and the property lines and owners of record of
all land that will be needed for the future additions and
all other pertinent information. Approval of the map
with any changes resulting from the hearing shall be
indicated in the record of the hearing and a notice of
the approval and a copy of the map shall be filed in the
office of the recorder for all counties in which the land
needed for future additions is located.
Public notice of the approval and filing shall be
given in newspapers of general circulation in all
counties in which the land is located and shall be served
by registered mail within 60 days thereafter on all
owners of record of the land needed for future additions.
The Authority may approve changes in the map from
time to time. The changes shall be filed and notice
given in the manner provided for an original map.
After the map is filed and notice thereof given to
the owners of record of the land needed for future
additions, no person shall incur development costs or
place improvements in, upon, or under the land involved
nor rebuild, alter, or add to any existing structure
without first giving 60 days' notice by registered mail
to the Authority. This prohibition shall not apply to
any normal or emergency repairs to existing structures.
The Authority shall have 45 days after receipt of that
notice to inform the owner of the Authority's intention
to acquire the land involved, after which it shall have
an additional 120 days to acquire the land by purchase or
to initiate action to acquire the land through the
exercise of the right of eminent domain. When the right
of way is acquired by the Authority, no damages shall be
allowed for any construction, alteration, or addition in
violation of this subsection (c-1) unless the Authority
has failed to acquire the land by purchase or has
abandoned an eminent domain proceeding initiated in
accordance with this subsection (c-1).
Any right of way needed for additions to the toll
highway system may be acquired at any time by the
Authority. The time of determination of the value of the
property to be taken under this Section for additions to
the toll highway system shall be the date of the actual
taking, if the property is acquired by purchase, or the
date of the filing of a complaint for condemnation, if
the property is acquired through the exercise of the
right of eminent domain, rather than the date when the
map of the proposed right of way was filed of record.
(c-2) Not more than 10 years after a protected
corridor is established under subsection (c-1), and not
later than the expiration of each 10-year period
thereafter, the Authority shall hold a public hearing to
discuss the viability and feasibility of the protected
corridor. Following the hearing and giving due
consideration to the information obtained at the hearing,
the Board of Directors of the Authority shall vote to
either continue or abolish the protected corridor.
(d) It is hereby declared, as a matter of
legislative determination, that the fundamental goal of
the people of Illinois is the educational development of
all persons to the limits of their capacities, and this
educational development requires the provision of
environmentally and physically safe facilities.
If the building line of a building used primarily
for the purpose of educating elementary or secondary
students lies within 100 feet of any ingress or egress
ramp that is used or that has been used by traffic
exiting or entering any toll highway operated by the Toll
Highway Authority, the Toll Highway Authority shall
acquire the building, together with any property owned,
leased, or utilized adjacent to it and pertaining to its
educational operations, from the school district that
owns or operates it, for just compensation. "Just
compensation" for purposes of this subsection (d) means
the replacement cost of the building and adjacent
property so that the students educated in the building
have the opportunity to be educated according to
standards prevailing in the State of Illinois.
(Source: P.A. 89-297, eff. 8-11-95.)
(605 ILCS 10/9.5 new)
Sec. 9.5. Acquisition by purchase or by condemnation.
The Authority is authorized to acquire by purchase or by
condemnation, in the manner provided for the exercise of the
power of eminent domain under Article VII of the Code of
Civil Procedure, any and all lands, buildings, and grounds
necessary or convenient for its authorized purpose. The
Authority shall comply with the federal Uniform Relocation
Assistance and Real Property Acquisition Policies Act, Public
Law 91-646, as amended, and the implementing regulations in
49 CFR Part 24 and is authorized to operate a relocation
program and to pay relocation costs. If there is a conflict
between the provisions of this amendatory Act of 1998 and the
provisions of the federal law or regulations, however, the
provisions of this amendatory Act of 1998 shall control. The
Authority is authorized to exceed the maximum payment limits
of the federal Uniform Relocation Assistance and Real
Property Acquisition Policies Act when necessary to ensure
the provision of decent, safe, or sanitary housing, or to
secure a suitable relocation site. The Authority may not
adopt rules to implement the federal law or regulations
referenced in this Section unless those rules have received
the prior approval of the Joint Committee on Administrative
Rules.
(605 ILCS 10/9.10 new)
Sec. 9.10. Acquisition of property.
(a) Prior to the initiation of negotiations, the
Authority shall establish an amount that it believes is just
compensation for the property. The amount shall not be less
than the appraisal of the fair market value of the property.
Promptly thereafter, the Authority shall make a written offer
to the owner to acquire the property for the full amount
believed to be just compensation. Along with the initial
written purchase offer, the owner shall be given a written
statement of the basis for the offer. For owner-occupied
dwellings, upon the owner's request, the Authority shall
exchange its approved appraisal with the owner's appraisal
obtained from a State-certified general real estate
appraiser.
(b) The Authority shall make every reasonable effort to
contact the owner or the owner's representative and discuss
its offer to purchase the property. The owner shall be given
every reasonable opportunity to consider the offer and
present material that the owner believes is relevant to
determining the value of the property, including an appraisal
obtained by the owner from a State-certified general real
estate appraiser, and to suggest modifications in the
proposed terms and conditions of the purchase. The
Authority shall pay for the cost of the owner's appraisal for
an owner-occupied dwelling.
(c) To the extent permitted by applicable law, the
appraiser shall disregard any decrease or increase in the
fair market value of the real property caused by the project
for which the property is to be acquired, or caused by the
likelihood that the property would be acquired for the
project, other than that due to the physical deterioration of
the property that was within the reasonable control of the
owner. If comparable sales of similar properties are
factored into the amount of just compensation offered by the
Authority, those comparable sales must have been with respect
to property located outside the protected corridor.
(d) When the Authority acquires an owner-occupied
dwelling the Authority shall reimburse the property owner up
to $500 for reasonable attorney's fees actually incurred by
the property owner related to closing costs in conjunction
with the property owner's purchase of a replacement dwelling.
(605 ILCS 10/9.15 new)
Sec. 9.15. Owner retention of certain items. The owner
of property to be acquired by the Authority shall have the
right to retain ownership of a dwelling's cabinets, moldings,
and fixtures. If the Authority acquires the dwelling, the
property owner may remove cabinets, moldings, and fixtures if
stipulated in the agreement to purchase the property.
(605 ILCS 10/9.20 new)
Sec. 9.20. Condemnation proceeding expenses. The owner
of property to be acquired by the Authority shall be
reimbursed for any reasonable expenses, including reasonable
attorney, appraisal, and engineering fees, that the owner
actually incurred because of a condemnation proceeding if:
(1) the final judgement of the court is that the
Authority cannot acquire the property by condemnation; or
(2) the condemnation proceeding is abandoned by the
Authority other than under an agreed-upon settlement.
(605 ILCS 10/9.25 new)
Sec. 9.25. Comparable replacement dwelling; additional
or supplemental housing payment. Whenever the cost of a
comparable replacement dwelling is greater than what the
Authority paid the property owner, the Authority shall
provide additional or supplemental housing payments. No
person shall be required to move from a dwelling unless
comparable replacement housing is available to the person.
The total of additional or supplemental housing payments to a
property owner under this Section shall not exceed $25,000.
(605 ILCS 10/9.30 new)
Sec. 9.30. Moving Expenses and Direct Losses of Personal
Property Caused by Displacement. The Authority is authorized
to pay, as part of the cost of construction of any project on
a toll highway, to any person displaced by the highway
project (1) actual reasonable expenses in moving himself or
herself, his or her family, and his or her business, farm
operation, or other personal property; (2) actual direct
losses of tangible personal property as a result of moving or
discontinuing a business or farm operation but not to exceed
an amount equal to the reasonable expenses that would have
been required to relocate the property, as determined by the
Authority; (3) actual reasonable expenses in searching for a
replacement business or farm; and (4) actual reasonable
expenses necessary to reestablish a displaced farm, nonprofit
organization, or small business at its new site, but not to
exceed $10,000.
(605 ILCS 10/9.35 new)
Sec. 9.35. Expense and Dislocation Allowance. In lieu of
the payments authorized to be paid under this Act, the
Authority may pay any person displaced from a dwelling, who
elects to accept the payment, an expense and dislocation
allowance which shall be determined according to a schedule
established by the Authority.
(605 ILCS 10/9.40 new)
Sec. 9.40. Relocation Payments. In lieu of the payments
authorized to be paid under this Act, the Authority may pay
any person who moves or discontinues his or her business or
farm operation, who elects to accept the payment, a fixed
relocation payment in an amount equal to the average annual
net earnings of the business or the farm operation, except
that the payment shall be not less than $1,000 nor more than
$20,000.
(605 ILCS 10/9.45 new)
Sec. 9.45. Additional Payments for Dwelling and Rental of
Dwelling.
(a) In addition to the amounts authorized to be paid
under this Act by the Authority, the Authority may, as a part
of the cost of construction, make a payment not to exceed
$25,000 to any displaced person who is displaced from a
dwelling acquired for a toll highway project actually owned
and occupied by the displaced person for not less than 180
days before the initiation of negotiations for the
acquisition of the property. The payment shall include the
following elements:
(1) The amount, if any, which, when added to the
acquisition cost of the dwelling acquired equals the
reasonable cost of a comparable replacement dwelling
determined in accordance with standards established by
the Authority to be a decent, safe, and sanitary dwelling
adequate to accommodate the displaced person, reasonably
accessible to public services and places of employment,
and available on the private market.
(2) The amount, if any, which will compensate the
displaced person for any increased interest costs which
the person is required to pay for financing the
acquisition of any such comparable replacement dwelling.
The amount shall be paid only if the dwelling acquired by
the Authority was encumbered by a bona fide mortgage
which was a valid lien on the dwelling for not less than
180 days before the initiation of negotiations for the
acquisition of the dwelling.
(3) Reasonable expenses incurred by the displaced
person for evidence of title, recording fees, and other
closing costs incident to the purchase of the replacement
dwelling, but not including prepaid expenses.
(b) The additional payment authorized under subsection
(a) shall not exceed $25,000 and shall be made only to a
displaced person who purchases and occupies a replacement
dwelling that meets the standards established by the
Authority to be decent, safe and sanitary, not later than the
end of the one year period beginning on the date on which he
or she receives from the Authority final payment of all costs
of the acquired dwelling, or on the date on which he or she
moves from the dwelling acquired for the highway project,
whichever is the later date.
(c) Any displaced person who is not eligible to receive
payment under subsection (a) and who is displaced from any
dwelling which was actually and lawfully occupied by the
displaced person for not less than 90 days before the
initiation of negotiations for acquisition of the dwelling,
may be paid by the Authority either (1) an amount necessary
to enable the displaced person to lease or rent, for a period
not to exceed 42 months, a decent, safe, and sanitary
dwelling of standards adequate to accommodate the person in
areas not generally less desirable in regard to public
utilities and public and commercial facilities and reasonably
accessible to his or her place of employment, but not to
exceed the sum of $5,250, or (2) the amount necessary to
enable the person to make a down payment, including
incidental expenses described in item (1) of this subsection
(c), on the purchase of a decent, safe, and sanitary dwelling
of standards adequate to accommodate the person in areas not
generally less desirable in regard to public utilities and
public and commercial facilities, but not to exceed the
amount payable under item (1) of this subsection (c), except
that in the case of a homeowner who owned and occupied the
displaced dwelling for at least 90 days but not more than 180
days immediately before the initiating of negotiations, the
down payment shall not exceed the amount payable under this
Act for persons who owned and occupied the property for 180
days before the initiation of negotiations.
(d) If comparable replacement sale or rental housing is
not available within the limitations of this Section, the
Authority may make a payment in excess of the maximum
payments authorized by this Section as required to provide
replacement housing.
(605 ILCS 10/9.50 new)
Sec. 9.50. Reimbursement for Certain Expenses and
Mortgage Penalty. In addition to the other amounts authorized
to be paid under this Act, the Authority may reimburse the
owner of real property acquired for a toll highway project
the reasonable and necessary expenses incurred for (1)
recording fees, transfer taxes, and similar expenses
incidental to conveying the real property; and (2) penalty
costs for prepayment of any pre-existing recorded mortgages
entered into in good faith encumbering the real property.
(605 ILCS 10/9.60 new)
Sec. 9.60. Construction in Relation to Eminent Domain.
Nothing contained in this amendatory Act of 1998 creates in
any proceedings brought under the power of eminent domain any
element of damages not in existence on the effective date of
this amendatory Act of 1998.
(605 ILCS 10/11) (from Ch. 121, par. 100-11)
Sec. 11. The Authority shall have power:
(a) To enter upon lands, waters and premises in the
State for the purpose of making surveys, soundings, drillings
and examinations as may be necessary, expedient or convenient
for the purposes of this Act, and such entry shall not be
deemed to be a trespass, nor shall an entry for such purpose
be deemed an entry under any condemnation proceedings which
may be then pending; provided, however, that the Authority
shall make reimbursement for any actual damage resulting to
such lands, waters and premises as the result of such
activities.
(b) To construct, maintain and operate stations for the
collection of tolls or charges upon and along any toll
highways.
(c) To provide for the collection of tolls and charges
for the privilege of using the said toll highways. Before it
adopts an increase in the rates for toll, the Authority shall
hold a public hearing at which any person may appear, express
opinions, suggestions, or objections, or direct inquiries
relating to the proposed increase. Any person may submit a
written statement to the Authority at the hearing, whether
appearing in person or not. The hearing shall be held in the
county in which the proposed increase of the rates is to take
place. The Authority shall give notice of the hearing by
advertisement on 3 successive days at least 15 days prior to
the date of the hearing in a daily newspaper of general
circulation within the county within which the hearing is
held. The notice shall state the date, time, and place of
the hearing, shall contain a description of the proposed
increase, and shall specify how interested persons may obtain
copies of any reports, resolutions, or certificates
describing the basis on which the proposed change,
alteration, or modification was calculated. After
consideration of any statements filed or oral opinions,
suggestions, objections, or inquiries made at the hearing,
the Authority may proceed to adopt the proposed increase of
the rates for toll. No Any change or, alteration in or
modification of the rates for toll shall not be effective
unless at least 30 days prior to the effective date
establishment of such rates notice thereof shall be given to
the public by publication in a newspaper of general
circulation, and such notice, or notices, thereof shall be
posted and publicly displayed at each and every toll station
upon or along said toll highways.
(d) To construct, at the Authority's discretion, grade
separations at intersections with any railroads, waterways,
street railways, streets, thoroughfares, public roads or
highways intersected by the said toll highways, and to change
and adjust the lines and grades thereof so as to accommodate
the same to the design of such grade separation and to
construct interchange improvements. The Authority is
authorized to provide such grade separations or interchange
improvements at its own cost or to enter into contracts or
agreements with reference to division of cost therefor with
any municipality or political subdivision of the State of
Illinois, or with the Federal Government, or any agency
thereof, or with any corporation, individual, firm, person or
association. Where such structures have been built by the
Authority and a local highway agency did not enter into an
agreement to the contrary, the Authority shall maintain the
entire structure, including the road surface, at the
Authority's expense.
(e) To contract with and grant concessions to or lease
or license to any person, partnership, firm, association or
corporation so desiring the use of any part of any toll
highways, excluding the paved portion thereof, but including
the right of way adjoining, under, or over said paved portion
for the placing of telephone, telegraph, electric, power
lines and other utilities, and for the placing of pipe lines,
and to enter into operating agreements with or to contract
with and grant concessions to or to lease to any person,
partnership, firm, association or corporation so desiring the
use of any part of the toll highways, excluding the paved
portion thereof, but including the right of way adjoining, or
over said paved portion for motor fuel service stations and
facilities, garages, stores and restaurants, or for any other
lawful purpose, and to fix the terms, conditions, rents,
rates and charges for such use.
The Authority shall also have power to establish
reasonable regulations for the installation, construction,
maintenance, repair, renewal, relocation and removal of
pipes, mains, conduits, cables, wires, towers, poles and
other equipment and appliances (herein called public
utilities) of any public utility as defined in the Public
Utilities Act along, over or under any toll road project.
Whenever the Authority shall determine that it is necessary
that any such public utility facilities which now are located
in, on, along, over or under any project or projects be
relocated or removed entirely from any such project or
projects, the public utility owning or operating such
facilities shall relocate or remove the same in accordance
with the order of the Authority. All costs and expenses of
such relocation or removal, including the cost of installing
such facilities in a new location or locations, and the cost
of any land or lands, or interest in land, or any other
rights required to accomplish such relocation or removal
shall be ascertained and paid by the Authority as a part of
the cost of any such project or projects, and further, there
shall be no rent, fee or other charge of any kind imposed
upon the public utility owning or operating any facilities
ordered relocated on the properties of the said Authority and
the said Authority shall grant to the said public utility
owning or operating said facilities and its successors and
assigns the right to operate the same in the new location or
locations for as long a period and upon the same terms and
conditions as it had the right to maintain and operate such
facilities in their former location or locations.
(Source: P.A. 86-1164.)
(605 ILCS 10/14) (from Ch. 121, par. 100-14)
Sec. 14. (a) The Authority shall, prior to the
commencement of any engineering and traffic study or studies
to determine the feasibility of constructing additional toll
highways within the State of Illinois, submit to the Governor
for his approval, the route, or routes, proposed for
additional toll highways together with an estimate of the
cost of the proposed study or studies. If the Governor shall
approve such proposed study or studies and the estimated cost
thereof, or shall fail to disapprove such proposed study or
studies and estimate of cost thereof, within 30 days after
receipt thereof, the Authority may, thereupon, proceed with
such study or studies.
(b) The Authority shall create a local advisory
committee of members from each county in which any portion of
an additional toll highway is proposed to be constructed.
The committee members shall be designated by township and
municipal governing bodies in proportion to the percentage of
corridor property situated within the unincorporated area of
a township and incorporated municipalities located in the
same township. No less than 50% of the members of this
committee shall be representatives of organized citizen
groups directly affected by the proposed corridor. All
meetings shall be held in compliance with the Open Meetings
Act. The committee shall consider and advise the Authority
with respect to the impact on property owners, land use, and
other impacts of the proposed highway.
(Source: Laws 1967, p. 2748.)
Section 99. Effective date. This Act takes effect upon
becoming law.