There Is a Newer Version of the Illinois Compiled Statutes
2005 Illinois 605 ILCS 5/ Illinois Highway Code. Division 5 - Property Acquisition and Disposal
(605 ILCS 5/4‑501) (from Ch. 121, par. 4‑501)
Sec. 4‑501.
The Department, in its name, or any county may acquire
the fee simple title, or such lesser interest as may be desired, to any
land, rights, or other property necessary for the construction,
maintenance or operation of State highways, or necessary for locating,
relocating, extending, widening or straightening any State highway, or
necessary for locating, relocating, extending, widening or straightening
an existing street or for laying out, establishing or opening a new
street within the corporate limits of any municipality which has been
designated by the Department as a street to form a part of or to connect
with a State highway leading up to the corporate limits of such
municipality, or necessary for any other purpose or use contemplated by
this Code by purchase or by the exercise of the right of eminent domain
under the eminent domain laws of this State and the Department shall not
be required, in any case, to furnish bond.
When, in the judgment of the acquiring agency, it is more practical
and economical to acquire the fee to the inaccessible remnants of the
tracts of land from which rights‑of‑way are being acquired than to pay
severance damages, such agency may do so by purchase or by an eminent
domain proceeding.
When a part of a parcel of land is to be taken for State highway
purposes and the accessible remnant is to be left in a shape or
condition rendering it of little value to the owner or giving rise to
claims for severance or other damages, upon written request of the
owner, the acquiring agency may take the whole parcel and may sell or
exchange the part not needed for highway purposes.
When acquiring land for a highway on a new location, and when a
parcel of land one acre or less in area contains a single family
residence, which is in conformance with existing zoning ordinances, and
only a part of that parcel is required for State highway purposes
causing the remainder of the parcel not to conform with the existing
zoning ordinances, or when the location of the right of way line of the
proposed highway reduces the distance from an existing single family
residence to the right of way line to 10 feet or less, the acquiring
agency shall, if the owner so demands, take the whole parcel by
negotiation or condemnation. The part not needed for highway purposes
may be rented, sold or exchanged by the acquiring agency.
When any farm land is acquired for State highway purposes by the exercise
of the right of eminent domain, the rate of compensation to be paid by the
acquiring agency shall be computed by taking into consideration the total
acreage originally involved in the farm land parcel, including that portion
of such parcel already part of a right of way for highway purposes but for
which legal title lies in the owner of the parcel.
(Source: P.A. 81‑536.)
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(605 ILCS 5/4‑502) (from Ch. 121, par. 4‑502)
Sec. 4‑502.
When the Department deems it necessary to build, widen, alter,
relocate or straighten any ditch, drain or watercourse in order to drain or
protect any highway or highway structure it is authorized to construct,
maintain or operate, it may acquire the necessary property, or such
interest or right therein as may be required, by gift or purchase or, if
the compensation or damages cannot be agreed upon, by the exercise of the
right of eminent domain under the eminent domain laws of this State. The
Department shall not be required to furnish bond in any eminent domain
proceeding.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/4‑503) (from Ch. 121, par. 4‑503)
Sec. 4‑503.
For the purpose of making subsurface soil surveys,
preliminary surveys and determinations of the amount and extent of such
land, rights or other property required, the Department, or any county, by
its officers, agents or employees, after written notice to the known owners
and occupants, if any, may enter upon the lands or waters of any person,
but subject to responsibility for all damages which shall be occasioned thereby.
(Source: P.A. 84‑713.)
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(605 ILCS 5/4‑504) (from Ch. 121, par. 4‑504)
Sec. 4‑504.
Subject to the approval of the Governor and the consent of any
department, board, commission, officer or other agency of the State
government having control and custody of any land now or hereafter owned by
the State, the Department is authorized to take and use such portion as may
be deemed necessary for State highway purposes over such land, provided
such taking and use by the Department does not interfere with the use of
such land by the agency so having control and custody.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/4‑505) (from Ch. 121, par. 4‑505)
Sec. 4‑505.
In addition to whatever powers the Department may by law now
possess, whenever it is necessary as an incident to the construction of a
new State highway or the relocation, reconstruction, extension, widening,
straightening, alteration, repair, maintenance or improvement of an
existing State highway (including extensions of a new or existing State
highway through or into a municipality upon a new or existing street) that
the line or tracks of a railroad or railway company or the wires, poles,
pipes or other facilities of a public utility, which are not then located
in or upon a public street or highway, be relocated, and the Department and
such company or public utility have entered into an agreement, approved by
the Illinois Commerce Commission, concerning such relocation, the
Department is authorized to purchase, or to acquire through the exercise of
the right of eminent domain under the eminent domain law of the State, such
easements, rights, lands or other property as may be necessary for the
relocation of said railroad or railway line or tracks or other public
utility facilities.
The Department is authorized to convey such easements, rights, lands or
other property it has so purchased or acquired for said relocation of the
said railroad, railway company or other public utility by deed executed by
the Director of the Department.
(Source: Laws 1965, p. 428.)
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(605 ILCS 5/4‑508) (from Ch. 121, par. 4‑508)
Sec. 4‑508.
(a) Except as provided in paragraphs (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 (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.
(e) Except as provided in paragraph (c) of this Section, if
the Department obtains or obtained fee simple title to, or any
lesser interest, in any land, right, or other property and must comply with
subdivision (f)(3) of Section 6 of Title I of
the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460 l‑8(f)(3)),
the Historic Bridge Program established under Title 23,
United States Code, Section 144, subsection (o) (23 U.S.C. 144(o)),
the National Historic Preservation Act (16 U.S.C. Sec. 470), the Interagency
Wetland Policy Act of 1989, or
the Illinois State Agency Historic Resources Preservation Act,
the Department, subject to the written approval of the Governor and concurrence
of the grantee, is
authorized to convey the title or interest in the land, right, or other
property to another governmental agency,
or a not‑for‑profit organization that will
use the property for purposes consistent
with the appropriate law.
The Department may retain rights to protect the public interest.
(Source: P.A. 90‑573, eff. 2‑6‑98; 90‑755, eff. 1‑1‑99; 91‑357, eff.
7‑29‑99.)
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(605 ILCS 5/4‑508.1) (from Ch. 121, par. 4‑508.1)
Sec. 4‑508.1.
In the event the Department obtains or has obtained fee
simple title to, or any lesser interest in, any land, rights or other property
under the provisions of Section 4‑508 of this Code in connection with a
project involving the planned construction of a federal‑aid highway and
that project ceases to be a federal‑aid project, the Department is
authorized to convey title to, or any lesser interest in, all such land, rights
or property, regardless of whether any construction has taken place, to the
Illinois State Toll Highway Authority without compensation when such
conveyance is approved in writing by the Governor.
(Source: P.A. 83‑1258.)
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(605 ILCS 5/4‑509) (from Ch. 121, par. 4‑509)
Sec. 4‑509.
In addition to other powers of the Department, whenever it is
necessary as an incident to the construction of a new State highway or the
relocation, reconstruction, extension, widening, straightening, alteration,
repair, maintenance or improvement of an existing State highway (including
extensions of a new or existing State highway through or into a
municipality upon a new or existing street) that property already devoted
to a public use be acquired, and the Department and the public agency
having jurisdiction over such property have entered into an agreement
concerning the acquisition of such property, the Department is authorized
to purchase, or to acquire through the exercise of the right of eminent
domain, such easements, rights, lands or other property as may be necessary
to replace the public property being acquired. The Department is authorized
to convey to such public agency such easements, rights, lands or other
property it so purchases or acquires for such replacement by deed executed
by the Director of the Department.
(Source: Laws 1965, p. 2921.)
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(605 ILCS 5/4‑510) (from Ch. 121, par. 4‑510)
Sec. 4‑510.
The Department may establish presently the approximate
locations and widths of rights of way for future additions to the State
highway system to inform the public and prevent costly and conflicting
development of the land involved.
The Department shall hold a public hearing whenever approximate
locations and widths of rights of way for future highway additions are
to be established. The hearing shall be held in or near the county or
counties where 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
representative may be heard. The Department shall evaluate the testimony
given at the hearing.
The Department 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 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 where 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 Department 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 one 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 Department. This
prohibition shall not apply to any normal or emergency repairs to
existing structures. The Department shall have 45 days after receipt of
that notice to inform the owner of the Department's intention to acquire
the land involved; after which, it shall have the additional time of 120
days to acquire such land by purchase or to initiate action to acquire
said land through the exercise of the right of eminent domain. When the
right of way is acquired by the State no damages shall be allowed for
any construction, alteration or addition in violation of this Section
unless the Department has failed to acquire the land by purchase or has
abandoned an eminent domain proceeding initiated pursuant to the
provisions of this paragraph.
Any right of way needed for additions to the highway system may be
acquired at any time by the State or by the county or municipality in
which it is located. The time of determination of the value of the
property to be taken under this Section for additions to the 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. The rate of compensation to
be paid for farm land acquired hereunder by the exercise of the right of
eminent domain shall be in accordance with Section 4‑501 of this Code.
(Source: P.A. 91‑357, eff. 7‑29‑99.)
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(605 ILCS 5/4‑511) (from Ch. 121, par. 4‑511)
Sec. 4‑511.
In addition to whatever powers the Department may by law now possess
whenever it is necessary for the Department as an incident to the
construction of a new State highway or the relocation, reconstruction,
extension, widening, straightening, alteration, repair, maintenance or
improvement of an existing highway (including extension of a new or
existing State highway through or into a municipality upon a new or
existing street) to acquire property occupied by a structure which must be
removed or demolished in order to construct such highway, then the
Department may acquire within a one mile radius of such structure such
other unimproved or improved but unoccupied easements, rights, lands or
other property by purchase or through the exercise of the right of eminent
domain, for the purpose of:
(a) Providing a site on which such structure may be replaced or
relocated by the Department in order that the structure or its replacement
thereof may continue to be used in conformance with the use previously made
thereof, provided that the use of such site shall be in accordance with
applicable zoning requirements and building codes. The Department is
authorized to replace, restore and rehabilitate such site and structure in
its entirety including but not limited to providing a suitable foundation,
installing heating, lighting, water, sewage and other necessary facilities
and appurtenances. After the construction of the replacement structure or
relocation, restoration and rehabilitation of any existing structure, the
Department may sell or exchange such structure and site on which it is
located in the manner provided by Section 4‑508 of this Code and may insert
in any instrument or deed covering such sale or exchange, such covenants
and agreements insuring compliance with this Section which covenants and
agreements shall run with the land.
(b) Providing a site on which such structure may be replaced, relocated,
restored or rebuilt by the owner thereof in order that the structure or its
replacement thereof may continue to be used in conformance with the use
previously made thereof provided that the use of such site shall be in
accordance with applicable zoning requirements and building codes. The
Department is authorized to exchange such easements, rights, lands or other
property with the owner of the property required for the highway
construction in a manner provided by Section 4‑508 of this Code and may
insert in any instrument or deed covering such exchange, such covenants and
agreements insuring compliance with this Section which covenants and
agreements shall run with the land.
The Department may enter into an agreement or agreements with any
department, board, commission, officer or agency of federal or state
government, its political subdivisions and municipal corporations or with
any private person, firm or corporation in order to carry out the purpose
of this Section.
(Source: P. A. 77‑1577.)
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(605 ILCS 5/4‑512)
Sec. 4‑512.
Street closing or relocating.
The Department shall not,
under any circumstance, give its approval to any plan or request that would
permanently close or relocate that portion of 55th Street lying between East
Avenue and Joliet Road, located within Cook County.
(Source: P.A. 88‑242.)
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