2023 Illinois Compiled Statutes › Chapter 610 - RAILROADS › 610 ILCS 115/ - Street Railroad Right of Way Act.

(610 ILCS 115/0.01) (from Ch. 131 1/4, par. 0.01)
Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Street Railroad Right of Way Act.
(Source: P.A. 86-1324.)
(610 ILCS 115/1) (from Ch. 131 1/4, par. 1)
Sec. 1. 
		
		That any company which has been or shall be
incorporated under the general laws of this state, for the purpose of
constructing, maintaining or operating any horse, dummy or street railroad
or tramway, may enter upon and appropriate any property necessary for the
construction, maintenance and operation of its road, and all necessary
siding, side tracks and appurtenances, and may, subject to the provisions
contained in this act, locate and construct its road upon and over any
street, alley, road or highway, or across or over any waters in this state,
in such manner as not to unnecessarily obstruct the public use of such
street, alley, road or highway, or interrupt the navigation of such waters:
Provided, every such street railway may be operated by animal, cable,
electric or any other motive power that may have been or shall hereafter be
granted to it by the proper public officers or authorities, except steam
locomotive engines.
(Source: Laws 1899, p. 331.)
(610 ILCS 115/2) (from Ch. 131 1/4, par. 2)
Sec. 2. 
		
		When it is necessary for the construction, maintenance or operation
of such road, or the necessary sidings, side tracks or appurtenances, to
take or damage private property, the same may be done, and the compensation
therefor may be ascertained and made in the manner which may be then
provided by law for the exercise of the right of eminent domain.
(Source: Laws 1899, p. 331.)
(610 ILCS 115/2.5)
Sec. 2.5. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
(610 ILCS 115/3) (from Ch. 131 1/4, par. 3)
Sec. 3. 
		
		No such company shall have the right to locate or construct its
road upon or along any street or alley, or over any public ground in any
incorporated city, town or village without the consent of the corporate
authorities of such city, town or village, nor upon or along any road or
highway, or upon any public ground without any incorporated city, town or
village, except upon the consent of the county board. Such consent may be
granted for any period not longer than twenty years, on the petition of the
company, upon such terms and conditions not inconsistent with the
provisions of this act, as such corporate authorities or county board, as
the case may be, shall deem for the best interests of the public: Provided,
no such consent shall be granted unless at least ten days' public notice of
the time and place of presenting such petition shall have been first given
by publication in some newspaper published in the city or county where such
road is to be constructed, and except upon the condition that the company
will pay all damages to owners of property abutting upon the street, alley,
road, highway or public ground, upon or over which such road is to be
constructed, which they may sustain by reason of the location or
construction of the road; the same to be ascertained and paid in the manner
provided by law for the exercise of the right of eminent domain.
Where, however, any company is now operating or may hereafter operate
lines of street railway in any incorporated city, town or village, under
ordinances or grants, obligating such street railway company to construct
specified mileage of extensions or additional lines of street railway upon
the order of such incorporated city, town or village, the consent of such
incorporated city, town or village, for the construction of such specified
mileage of extensions or additional lines of street railway may be granted,
without a petition of the street railway company: Provided, however, that
in such case the incorporated city, town or village shall give at least ten
(10) days' public notice by publication in some newspaper published in the
city, town or village where such road is to be constructed, of its
intention to require the construction of such specified mileage or
additional lines of street railway. In case such incorporated city, town or
village shall give public notice as herein provided, no further public
notice need be given, but the company shall pay all damages to owners of
property abutting upon the streets, alleys, roads, highways or upon grades
upon or over which such road is to be constructed, which they may sustain
by reason of the location or construction of the road, as in other cases;
such damages to be ascertained and paid in the manner provided by law for
the exercise of the right of eminent domain.
(Source: Laws 1915, p. 721.)
(610 ILCS 115/4) (from Ch. 131 1/4, par. 4)
Sec. 4. 
		
		Every grant to any such company of a right to use any street,
alley, road, highway or public ground shall be subject to the right of
the proper authorities to control the use, improvement and repair of
such street, alley, road, highway or public ground, to the same extent
as if no such grant had been made, and to make all necessary police
regulations concerning the management and operation of such railroad,
whether such right is reserved in the grant or not.
(Source: Laws 1899, p. 331.)