Bill Text: IL SB0959 | 2011-2012 | 97th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Toll Highway Act is amended by changing | |||||||||||||||||||
5 | Section 9 as follows:
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6 | (605 ILCS 10/9) (from Ch. 121, par. 100-9)
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7 | Sec. 9. The Authority shall have the power:
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8 | (a) To prepare, or cause to be prepared detailed plans, | |||||||||||||||||||
9 | specifications
and
and estimates, from time to time, for | |||||||||||||||||||
10 | the construction, relocation, repair,
maintenance and | |||||||||||||||||||
11 | operation of toll highways within and through the State of
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12 | Illinois.
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13 | (b) To acquire, hold and use real and personal | |||||||||||||||||||
14 | property, including
rights, rights-of-way, franchises, | |||||||||||||||||||
15 | easements and other interests in land as
it may desire, or | |||||||||||||||||||
16 | as may be necessary or convenient for its authorized
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17 | purposes by purchase, gift, grant or otherwise, and to take | |||||||||||||||||||
18 | title thereto;
to acquire in the manner that may now or | |||||||||||||||||||
19 | hereafter be provided for by the
law of eminent domain of | |||||||||||||||||||
20 | this State, any real or personal property
(including road | |||||||||||||||||||
21 | building materials and public lands, parks, playgrounds,
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22 | reservations, highways or parkways, or parts thereof, or | |||||||||||||||||||
23 | rights therein, of
any person, railroad, public service, |
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1 | public utility, or municipality or
political subdivision) | ||||||
2 | necessary or convenient for its authorized purpose.
Such | ||||||
3 | acquisition of real property, whether by purchase, gift, | ||||||
4 | condemnation
or otherwise, wherever necessary or | ||||||
5 | convenient in the discretion of the
Authority, may include | ||||||
6 | the extension of existing rights and easements of
access, | ||||||
7 | use and crossing held by any person or persons, interests | ||||||
8 | in land
abutting on existing highways, and remnants or | ||||||
9 | remainder property; and such
acquisitions of real property | ||||||
10 | may be free and clear of, and without any
rights or | ||||||
11 | easements of access, use and crossing in favor of any | ||||||
12 | person or
persons including interest in any land adjacent | ||||||
13 | or contiguous to the land
so acquired, provided however, | ||||||
14 | that nothing herein contained shall be
construed to | ||||||
15 | authorize the taking or damaging of any private property | ||||||
16 | for
such purposes by the Authority, without just | ||||||
17 | compensation.
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18 | (c) To accept conveyance of fee simple title to, or any | ||||||
19 | lesser interest
in, land, rights or property conveyed by | ||||||
20 | the Department of Transportation
under Section 4-508.1 of | ||||||
21 | the Illinois Highway Code.
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22 | (c-1) To establish presently the approximate
locations | ||||||
23 | and widths of rights of way for future additions to the | ||||||
24 | toll
highway system to inform the public and prevent costly | ||||||
25 | and conflicting
development of the land involved.
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26 | The Authority shall hold a public hearing
whenever |
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1 | approximate locations and widths of rights of way for | ||||||
2 | future
toll highway additions are to be established. The | ||||||
3 | hearing shall be held
in or near the county or counties in | ||||||
4 | which the land to be used is located
and notice of the | ||||||
5 | hearing shall be published in a newspaper or
newspapers of | ||||||
6 | general circulation in the county or counties involved.
Any | ||||||
7 | interested person or his or her representative may be | ||||||
8 | heard. The
Authority shall evaluate the testimony given at | ||||||
9 | the hearing.
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10 | The Authority shall make a survey and prepare a
map | ||||||
11 | showing the location and approximate widths of the rights | ||||||
12 | of way
needed for future additions to the toll highway | ||||||
13 | system. The map shall
show existing highways in the area | ||||||
14 | involved and the property lines and
owners of record of all | ||||||
15 | land that will be needed for the future additions
and all | ||||||
16 | other pertinent information. Approval of the map with any
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17 | changes resulting from the hearing shall be indicated in | ||||||
18 | the record of
the hearing and a notice of the approval and | ||||||
19 | a copy of the map shall be
filed in the office of the | ||||||
20 | recorder for all counties in which the land
needed for | ||||||
21 | future additions is located.
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22 | Public notice of the approval and filing shall be
given | ||||||
23 | in newspapers of general circulation in all counties in | ||||||
24 | which the
land is located and shall be served by registered | ||||||
25 | mail within 60 days
thereafter on all owners of record of | ||||||
26 | the land needed for future
additions.
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1 | The Authority may approve changes in the map
from time | ||||||
2 | to time. The changes shall be filed and notice given in the
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3 | manner provided for an original map.
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4 | After the map is filed and notice thereof given to
the | ||||||
5 | owners of record of the land needed for future additions, | ||||||
6 | no person
shall incur development costs or place | ||||||
7 | improvements in, upon, or under
the land involved nor | ||||||
8 | rebuild, alter, or add to any existing structure
without | ||||||
9 | first giving 60 days' notice by registered mail to the | ||||||
10 | Authority.
This prohibition shall not apply to any normal | ||||||
11 | or emergency repairs to
existing structures. The Authority | ||||||
12 | shall have 45 days after receipt of
that notice to inform | ||||||
13 | the owner of the Authority's intention to acquire
the land | ||||||
14 | involved, after which it shall have an additional 120 days | ||||||
15 | to
acquire the land by purchase or to initiate action to | ||||||
16 | acquire the land
through the exercise of the right of | ||||||
17 | eminent domain. When the right of
way is acquired by the | ||||||
18 | Authority, no damages shall be allowed for any
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19 | construction, alteration, or addition in violation of this | ||||||
20 | subsection (c-1)
unless
the Authority has failed to acquire | ||||||
21 | the land by purchase or has
abandoned an eminent domain | ||||||
22 | proceeding initiated in accordance with
this subsection | ||||||
23 | (c-1).
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24 | Any right of way needed for additions to the toll
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25 | highway system may be acquired at any time by the | ||||||
26 | Authority. The
time of determination of the value of the |
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1 | property to be taken under this
Section for additions to | ||||||
2 | the toll highway system shall be the date of the
actual | ||||||
3 | taking, if the property is acquired by purchase, or the | ||||||
4 | date of the
filing of a complaint for condemnation, if the | ||||||
5 | property is acquired
through the exercise of the right of | ||||||
6 | eminent domain, rather than the
date when the map of the | ||||||
7 | proposed right of way was filed of record.
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8 | (c-2) Not more than 10 years after a protected corridor | ||||||
9 | is
established under subsection (c-1), and not later than | ||||||
10 | the expiration of
each 10-year period thereafter, the | ||||||
11 | Authority shall hold a public
hearing to discuss the | ||||||
12 | viability and feasibility of the protected
corridor. | ||||||
13 | Following the hearing and giving due consideration to the
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14 | information obtained at the hearing, the Board of Directors | ||||||
15 | of the Authority
shall vote to either
continue or abolish | ||||||
16 | the protected corridor.
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17 | (d) It is hereby declared, as a matter of legislative | ||||||
18 | determination, that
the fundamental goal of the people of | ||||||
19 | Illinois is the educational development
of all persons to | ||||||
20 | the limits of their capacities, and this educational
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21 | development requires the provision of environmentally and | ||||||
22 | physically safe
facilities.
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23 | If the building line of a building used primarily for | ||||||
24 | the purpose of
educating elementary or secondary students | ||||||
25 | lies within 100 feet of any ingress
or egress ramp that is | ||||||
26 | used or that has been used by traffic exiting or
entering |
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1 | any toll highway operated by the Toll Highway Authority, | ||||||
2 | the Toll
Highway Authority shall acquire the building, | ||||||
3 | together with any property owned,
leased, or utilized | ||||||
4 | adjacent to it and pertaining to its educational
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5 | operations, from the school district that owns or operates | ||||||
6 | it, for just
compensation. "Just compensation" for | ||||||
7 | purposes of this subsection (d) means
the replacement cost | ||||||
8 | of the building and adjacent property so that the
students | ||||||
9 | educated in the building have the opportunity to be | ||||||
10 | educated
according to standards prevailing in the State of | ||||||
11 | Illinois.
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12 | (Source: P.A. 89-297, eff. 8-11-95; 90-681, eff. 7-31-98.)
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