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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