Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 780 - RIGHT-OF-WAY PRECONDEMNATION NEGOTIATIONS BY TELEPHONE COMPANIES › Appendix B - Statement of information from the Illinois Commerce Commission concerning acquisition of right-of-way by Illinois telephone companies

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Statement is to provide you with the general
				information concerning the procedures involved. This Statement covers several
				questions commonly asked of the Illinois Commerce Commission staff by
				landowners.
This Statement is not a legal opinion concerning your rights under
				the law or the rules of the Commission, nor is it a detailed analysis of the
				procedures involved. If you have any questions concerning your legal rights, you may
				wish to consult an attorney.
Telephone companies and telecommunications carriers are granted the
				right of eminent domain or condemnation by Illinois law.1
				Eminent domain is simply the power of the State, or those delegated by the State, to
				take private property for public use upon payment of just compensation as determined
				by the courts.
Prior to attempting to acquire a right-of-way easement by applying
				to the courts to exercise the right of eminent domain or condemnation, a telephone
				company or telecommunications carrier shall attempt to secure the right-of-way
				easement through negotiations with the landowner.2
Negotiation means discussion and bargaining between the landowner
				and the telephone company or telecommunications carrier in an effort to arrive at an
				equitable agreement concerning the land or land rights and the price to be paid for
				such land or land rights. It does not mean that an agreement must be reached or that
				either the landowner or the telephone company or telecommunications carrier must
				agree with the other.
The price to be paid to the landowner by the telephone company or
				telecommunications carrier for the land or land rights is a matter of negotiation
				between the landowner and the telephone company or telecommunications carrier. The
				Commission does not participate in the negotiations, nor does it establish or
				approve the price. Specific information on the price to be offered for the land or
				land rights will be provided by the telephone company or telecommunications carrier
				representative.
The telephone company or telecommunications carrier representative
				may be negotiating with you for the acquisition of an easement for the use of the
				land or for the purchase of the land. In either case, the telephone company or
				telecommunications carrier will have its own form of easement or deed, as the
				Commission has no standard forms which the utility is required to use.
There is no certainty that the telephone company or
				telecommunications carrier will be allowed to acquire land or land rights through
				the use of eminent domain. However, you should not delay in contacting the telephone
				company or telecommunications carrier's representative to attempt to negotiate fair
				compensation for the land or land rights which the utility seeks.
If you have any questions about this Statement or the rules and
				procedures of the Illinois Commerce Commission, please contact the Chief Telephone
				Engineer, Illinois Commerce Commission, 527 East Capitol Avenue, Springfield IL
				62701 . Any specific questions concerning your individual property should be
				addressed to the telephone company or telecommunications carrier
				representative.
1 220 ILCS 65
2 735 ILCS 5 /Art. VII