605 ILCS 5/4-510
2021 Illinois Compiled Statutes|Chapter 605 - ROADS AND BRIDGES|605 ILCS 5/ - Illinois Highway Code.|Article 4 - State Administration Of Highways

 (from Ch. 121, par. 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.Not more than 10 years after a protected corridor is established under this  Section regardless of whether the corridor is established before or after the effective date of this amendatory Act of the 97th General Assembly, and not later than the expiration of each succeeding 10 year period,  the Department shall hold public hearings to discuss the viability and  feasibility of the protected corridor.  In the case of a protected corridor established prior to 10 years before the effective date of this amendatory Act of the 97th General Assembly, the hearing shall be conducted within 6 months of the effective date of this amendatory Act of the 97th General Assembly. The Department shall retain the discretion to maintain any protected corridor established under this Section, but shall give due  consideration to the information obtained at the hearing and, if  the Department in its discretion determines that construction of the roadway is no longer feasible, the Department shall abolish the protected  corridor.    (Source: P.A. 97-279, eff. 8-8-11.)