93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4340


 
Introduced 02/02/04, by Kathleen A. Ryg
 
SYNOPSIS AS INTRODUCED:
 		















605 ILCS 5/6-401.5 new









    Amends the Illinois Highway Code. Sets limits on the rights of the owners of property adjoining a road, highway, or right-of-way under the jurisdiction of a highway authority. Establishes procedures for the highway authority to follow if a property owner violates these limitations. Authorizes the highway authority to take  action to correct the violations or to seek injunctive relief if necessary.



















LRB093 18269 DRH 43971 b




















 


 


A BILL FOR









 














HB4340

LRB093 18269 DRH 43971 b









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    AN ACT concerning transportation.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5.  The Illinois Highway Code is amended by adding 
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Section 6-401.5
as
follows:


 



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    (605 ILCS 5/6-401.5 new)




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    Sec. 6-401.5. Adjoining property owners; unauthorized 
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encroachments.

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    (a) Except as provided in Section 9-118, no property owner, 
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occupant,
manager, or person in actual control of real property 
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adjoining a road,
highway, or right-of-way within the 
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jurisdiction of the highway authority,
without the written

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consent of the
highway authority, may:

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        (1) plant or maintain any planting or growth of any 
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    kind within the
right-of-way that either exceeds 12 inches 
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    in height or creates any hazard or
danger to the
safety of 
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    those using the public road or highway;

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        (2) permit any planting or growth on or within the 
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    property
adjoining the road, highway, or right-of-way to 
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    overhang or extend into the
road,
highway, or right-of-way 
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    so as to create any hazard or danger to those using
the 
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    public
road or highway; or

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        (3) construct, place, or maintain any rocks, boulders, 
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    fences, or
other physical structures within the 
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    right-of-way.

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    (b) If the highway authority believes that a property 
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owner, occupant,
manager, or person in actual control of 
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adjoining property is in violation of
any of the
provisions set 
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forth in subsection (a) of this Section, the highway authority

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shall give the
person or persons written notice specifying the 
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nature of the violations, the
corrective
action that must be 
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taken, and a reasonable time of not less than 7 days to

 


 









HB4340
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LRB093 18269 DRH 43971 b







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complete the
corrective action. This notice may be given after 
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the notice of a violation has been received by registered or 
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certified mail or by personal delivery.

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    (c) If corrective action is not completed with the time 
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specified in the
notice, or any agreed extensions, the highway 
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authority may:

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        (1) with respect to the road, highway, or right-of-way, 
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    take
whatever corrective action is necessary to cure any 
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    violations. The person or
persons to
whom notice to correct 
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    was given pursuant to subsection (b) of this Section
shall 
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    be
jointly and severally liable for all costs and expenses 
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    incurred by the highway
authority
for the corrective 
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    action, plus interest, costs, and reasonable attorney's

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    fees; or

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        (2) seek injunctive relief compelling the person or 
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    persons to
whom notice was given to take corrective action. 
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    If the highway authority is
the
prevailing party in any 
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    such action, the highway authority shall also be
entitled 
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    to recover
its costs and reasonable attorney's fees.