Bill Text: IL SB0959 | 2011-2012 | 97th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Toll Highway Act. Makes a technical change in a Section concerning powers of the Toll Highway Authority.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Passed) 2011-08-26 - Public Act . . . . . . . . . 97-0595 [SB0959 Detail]

Download: Illinois-2011-SB0959-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB0959 Introduced 2/8/2011, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED:
605 ILCS 10/9 from Ch. 121, par. 100-9
Amends the Toll Highway Act. Makes a technical change in a Section concerning powers of the Toll Highway Authority.
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A BILL FOR
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AN ACT concerning transportation.
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
Section 9 as follows:
(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 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,

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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

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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.

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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

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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

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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; 90-681, eff. 7-31-98.)