Bill Text: IL HB5205 | 2021-2022 | 102nd General Assembly | Chaptered
Bill Title: Amends the Illinois Highway Code. Allows the Department of Transportation to sell land, dedications, easements, access rights, or any interest in the real estate that it holds, or other properties acquired but no longer needed for highway purposes for fair market value (rather than for less than the appraised value). Provides that the fair market value may be based on one or more appraisals. Provides that the Department shall justify a sale below the fair market value. Provides that the Department shall develop a policy to assign a monetary value of all considerations. Provides for the order of priority in which the Department shall offer the real property. Makes other changes.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2022-05-27 - Public Act . . . . . . . . . 102-0974 [HB5205 Detail]
Download: Illinois-2021-HB5205-Chaptered.html
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| Public Act 102-0974 | ||||
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AN ACT concerning property.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Highway Code is amended by | ||||
changing Section 4-508 as follows:
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(605 ILCS 5/4-508) (from Ch. 121, par. 4-508)
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Sec. 4-508. (a) Except as provided in paragraphs (c)
and | ||||
(d) of this Section, and
subject to the written approval of the | ||||
Governor and, if required by federal law or regulation, the | ||||
Federal Highway Administration, the Department may dispose
of, | ||||
by public sale, at auction or by sealed bids, any land, | ||||
dedications, easements, access rights, or any interest in the | ||||
real estate that it holds, rights or other
properties, real or | ||||
personal, acquired for but no longer needed for highway
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purposes or remnants acquired under the provisions of Section | ||||
4-501. Such ,
provided that no such sale may be made at for | ||||
less than the fair market appraised
value of such land, | ||||
rights, or property, as determined by the Department. The fair | ||||
market value of the land, rights, or property may be based on | ||||
one or more appraisals completed by a qualified appraiser | ||||
approved by the Department or a valuation waiver prepared by | ||||
the Department. A sale below the fair market value, as | ||||
established by this Section, shall be justified, in writing, | ||||
by Department staff, which shall include consideration of all | ||
relevant information, including, but not limited to, findings | ||
regarding the best interests of the Department, other public | ||
benefits such as divestment of liabilities, or changed | ||
circumstances. The Department shall develop a policy to assign | ||
a monetary value of all such considerations in valuation | ||
determinations. An appraisal may be paid for by any interested | ||
party. The form of the conveyance or release shall be in a form | ||
approved by the Department.
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(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 remnants
acquired under | ||
the provisions of Section 4-501 of this Code for equivalent
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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.
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(c) If at the time any property previously determined by | ||
the
Department to be needed for highway purposes is declared | ||
excess and no longer needed
for the Department's such | ||
purposes, and before making the property available for public | ||
sale as provided in subsection (a), the Department shall offer | ||
that real property as follows: | ||
(1) To the person from whom such real property was | ||
acquired that
still owns and has continuously owned land | ||
adjacent to or abutting such real property since
the | ||
acquisition
by the Department, the Department before | ||
making any disposition of that
property shall first offer | ||
the property, in writing, for the fair market that | ||
property to the person from
whom such property was | ||
acquired at the current appraised value of
the property. | ||
If the Department's offer to such a person 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 | ||
that person 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.
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(2) If the option in paragraph (1) does not exist or an | ||
offer is made and not accepted, or a sale otherwise is not | ||
consummated, the Department shall offer, in writing, at | ||
the value determined by the Department, the real property | ||
declared excess to the local municipality in which the | ||
property is situated and located, or, if the property is | ||
situated and located in an unincorporated area, to the | ||
county and township, if applicable, in which the property | ||
is situated and located. If a letter of intent to accept | ||
the offer is received by the Department, in writing, | ||
within 15 days of the date of the offer, the local | ||
governmental entity shall have 45 days from the date on | ||
the offer to accept the offer formally by resolution of | ||
its governing body. If the offer is formally accepted | ||
within 45 days of the date of the written offer, the | ||
Department, subject to the written approval of the | ||
Governor, is authorized to convey the property to the | ||
governing body upon payment of the value stated in the | ||
offer and may include a reversion for failure to continue | ||
public ownership and use if conveyed for less than fair | ||
market value. If a timely letter of intent to accept and a | ||
formal acceptance is received from a county and a | ||
township, the county shall be given priority. If a letter | ||
of intent is not received within 15 days of the offer, all | ||
rights under this paragraph shall terminate. If the letter | ||
of intent is received within the 15 days, but the formal | ||
acceptance is not received within 45 days of the date of | ||
the written offer, all rights under this paragraph shall | ||
terminate. If the unit of local government does not tender | ||
the funds in the full amount of the accepted offer within | ||
90 days of the date of the offer, all rights under this | ||
paragraph shall terminate. If a county fails to tender the | ||
funds in the full amount of the written accepted offer and | ||
a township tenders the full amount of a timely accepted | ||
offer within 15 days of the county's failure to timely | ||
tender, the Department shall sell the land, rights, or | ||
property to the township. The Department shall have the | ||
right to revoke, in writing, any offer made under this | ||
paragraph at any time before the funds in the full amount | ||
of the offer are tendered to the Department. | ||
(3) If the option in paragraph (1) or (2) does not | ||
exist or a sale is not otherwise consummated, the | ||
Department shall offer, in writing, at fair market value, | ||
the real property declared excess to an adjacent or | ||
abutting property owner if the property owner is the only | ||
reasonable party as determined by the Department. If the | ||
Department's offer is accepted by the property owner, 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 convey the property to the | ||
property owner upon payment of the fair market 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, subject to the written | ||
approval of the Governor, 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.
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(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
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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
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property to another governmental agency,
or a not-for-profit | ||
organization that will
use the property for purposes | ||
consistent
with the appropriate law.
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The Department may retain rights to protect the public | ||
interest.
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(Source: P.A. 95-331, eff. 8-21-07.)
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