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605 ILCS 5/ Illinois
Highway Code
(605 ILCS 5/4-510) 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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