Illinois Corridor
Protection Statute
Illinois Compiled Statutes
Roads and Bridges
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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