605 ILCS 5/4-508
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. 4-508)Sec. 4-508. (a) Except as provided in paragraphs (c)  and (d) of this Section, and  subject to the written approval of the Governor, the Department may dispose  of, by public sale, at auction or by sealed bids, any land, rights or other  properties, real or personal, acquired for but no longer needed for highway  purposes or remnants acquired under the provisions of Section 4-501,  provided that no such sale may be made for less than the fair appraised  value of such land, rights, or property.(b) Except as provided in paragraphs (c) and (d) of  this Section, and subject to  the written approval of the Governor, the Department may exchange any land,  rights or property no longer needed for highway purposes or remnants                acquired under the provisions of Section 4-501 of this Code for equivalent  interests in land, rights or property needed for highway purposes. Where  such interests are not of equivalent value cash may be paid or received for  the difference in value.(c) If at the time any property previously determined by the  Department to be needed for highway purposes is declared no longer needed  for such purposes, and the person from whom such property was acquired  still owns and has continuously owned land abutting such property since  the acquisition  by the Department, the Department before making any disposition of that  property shall first offer in writing that property to the person from  whom such property was acquired at the current appraised value of  the property.  If the offer is accepted  in writing within 60 days of the date of the written offer, the Department,  subject to the written approval of the Governor, is authorized to dispose  of such property to the person from whom such property was acquired upon  payment of the appraised value.  If the  offer is not accepted in writing within 60 days of the date of the written  offer, all rights under this paragraph shall terminate.(d) If the Department enters into or currently has a written contract with  another highway authority for the transfer of jurisdiction of any highway or  portion thereof, the Department is authorized  to convey, without compensation, any land, dedications, easements,  access rights, or any interest in the real estate that it holds to that  specific highway or portion thereof to the highway authority that is accepting  or has accepted jurisdiction.  However, no part of the transferred property can  be vacated or disposed of without the approval of the Department, which may  require compensation for non-public use.(e) Except as provided in paragraph (c) of this Section, if   the Department obtains or obtained fee simple title to, or any  lesser interest, in any land, right, or other property and must comply with  subdivision (f)(3) of Section 6 of Title I of  the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460 l-8(f)(3)),  the Historic Bridge Program established under Title 23,  United States Code, Section 144, subsection (o) (23 U.S.C. 144(o)),  the National Historic Preservation Act (16 U.S.C. Sec. 470), the Interagency  Wetland Policy Act of 1989, or  the Illinois State Agency Historic Resources Preservation Act,  the Department, subject to the written approval of the Governor and concurrence  of the grantee, is  authorized to convey the title or interest in the land, right, or other  property to another governmental agency,  or a not-for-profit organization that will  use the property for purposes consistent  with the appropriate law.The Department may retain rights to protect the public interest.       (Source: P.A. 95-331, eff. 8-21-07.)