Public Act 90-0755 of the 90th General Assembly
Public Act 90-0755
HB2746 Enrolled LRB9008778NTsbA
AN ACT concerning property, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Municipal Code is amended by
changing Section 11-90-5 as follows:
(65 ILCS 5/11-90-5)
Sec. 11-90-5. The Capital City Railroad Relocation
Authority; transfer of property and powers.
(a) Effective December 31, 1996:
(1) All of the property still vested in the Capital
City Railroad Relocation Authority on that date for
Useable Segment 3 shall thereupon vest in the City of
Springfield, which shall have the power to sell,
transfer, exchange, or assign that property as it shall
deem appropriate, subject to the agreements that the
Authority had entered into with respect to that property;
and
(2) All of the statutory powers and duties,
including but not limited to the power to acquire
property exchanged by the railroads for the railroad
right-of-way acquired by the Authority and to sell,
transfer, exchange, or assign property as it shall deem
appropriate, which the Authority had to implement the
agreements that it entered into for Useable Segment 3,
are transferred to the City of Springfield only for
implementation of those agreements and subject to them.
(b) Once the City of Springfield has completed
transactions required to perform the agreements referred to
in subdivisions (1) and (2) of subsection (a), its powers and
duties under this Section shall terminate.
(c) The City of Springfield shall obtain a certified
copy of the portions of this amendatory Act of 1996
containing the title, the enacting clause, the effective
date, and this Section and the appropriate land descriptions
of property to be transferred within 60 days after its
effective date and shall record the certified document in the
Recorder's Office of Sangamon County.
(d) If this Section takes effect after December 31,
1996, then its provisions apply retrospectively from December
31, 1996.
(e) This Section is repealed on June 30, 1999 June 30,
1998.
(Source: P.A. 89-699, eff. 1-16-97.)
Section 10. The Illinois Highway Code is amended by
changing Section 4-508 as follows:
(605 ILCS 5/4-508) (from Ch. 121, par. 4-508)
Sec. 4-508. (a) Except as provided in paragraphs
paragraph (c) and (d) of this Section, and subject to the
written approval of the Governor, the Department may dispose
of, by public sale, at auction or by sealed bids, any land,
rights or other properties, real or personal, acquired for
but no longer needed for highway purposes or remanents
acquired under the provisions of Section 4-501, provided that
no such sale may be made for less than the fair appraised
value of such land, rights, or property.
(b) Except as provided in paragraphs paragraph (c) and
(d) of this Section, and subject to the written approval of
the Governor, the Department may exchange any land, rights or
property no longer needed for highway purposes, or remanents,
acquired under the provisions of Section 4-501 of this Code
for equivalent interests in land, rights or property needed
for highway purposes. Where such interests are not of
equivalent value cash may be paid or received for the
difference in value.
(c) If at the time any property previously determined by
the Department to be needed for highway purposes is declared
no longer needed for such purposes, and the person from whom
such property was acquired still owns and has continuously
owned land abutting such property since the acquisition by
the Department, the Department before making any disposition
of that property shall first offer in writing that property
to the person from whom such property was acquired at the
current appraised value of the property. If the offer is
accepted in writing within 60 days of the date of the written
offer, the Department, subject to the written approval of the
Governor, is authorized to dispose of such property to the
person from whom such property was acquired upon payment of
the appraised value. If the offer is not accepted in writing
within 60 days of the date of the written offer, all rights
under this paragraph shall terminate.
(d) If the Department enters into or currently has a
written contract with another highway authority for the
transfer of jurisdiction of any highway or portion thereof,
the Department is authorized to convey, without compensation,
any land, dedications, easements, access rights, or any
interest in the real estate that it holds to that specific
highway or portion thereof to the highway authority that is
accepting or has accepted jurisdiction. However, no part of
the transferred property can be vacated or disposed of
without the approval of the Department, which may require
compensation for non-public use.
(Source: P.A. 83-312.)
Section 99. Effective date. This Section and the
changes to Section 11-90-5 of the Illinois Municipal Code
take effect upon becoming law.