[ Back ] [ Bottom ]
92_SB0699eng
SB699 Engrossed LRB9207709DHmb
1 AN ACT concerning highways.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Highway Code is amended by
5 changing Section 9-113 as follows:
6 (605 ILCS 5/9-113) (from Ch. 121, par. 9-113)
7 Sec. 9-113. (a) No ditches, drains, track, rails, poles,
8 wires, pipe line or other equipment of any public utility
9 company, municipal corporation or other public or private
10 corporation, association or person shall be located, placed
11 or constructed upon, under or along any highway, or upon any
12 township or district road, without first obtaining the
13 written consent of the appropriate highway authority as
14 hereinafter provided for in this Section.
15 (b) The State highway authority is authorized to
16 promulgate reasonable and necessary rules, regulations and
17 specifications for State highways for the administration of
18 this Section.
19 (c) In the case of non-toll federal-aid fully
20 access-controlled State highways, the State highway authority
21 shall not grant consent to the location, placement or
22 construction of ditches, drains, track, rails, poles, wires,
23 pipe line or other equipment upon, under or along any such
24 non-toll federal-aid fully access-controlled State highway,
25 which:
26 (1) would require cutting the pavement structure
27 portion of such highway for installation or, except in
28 the event of an emergency, would require the use of any
29 part of such highway right-of-way for purposes of
30 maintenance or repair. Where, however, the State highway
31 authority determines prior to installation that there is
SB699 Engrossed -2- LRB9207709DHmb
1 no other access available for maintenance or repair
2 purposes, use by the entity of such highway right-of-way
3 shall be permitted for such purposes in strict accordance
4 with the rules, regulations and specifications of the
5 State highway authority, provided however, that except in
6 the case of access to bridge structures, in no such case
7 shall an entity be permitted access from the
8 through-travel lanes, shoulders or ramps of the non-toll
9 federal-aid fully access-controlled State highway to
10 maintain or repair its accommodation; or
11 (2) would in the judgment of the State highway
12 authority, endanger or impair any such ditches, drains,
13 track, rails, poles, wires, pipe lines or other equipment
14 already in place; or
15 (3) would, if installed longitudinally within the
16 access control lines of such highway, be above ground
17 after installation except that the State highway
18 authority may consent to any above ground installation
19 upon, under or along any bridge, interchange or grade
20 separation within the right-of-way which installation is
21 otherwise in compliance with this Section and any rules,
22 regulations or specifications issued hereunder; or
23 (4) would be inconsistent with Federal law or with
24 rules, regulations or directives of appropriate Federal
25 agencies.
26 (d) In the case of accommodations upon, under or along
27 non-toll federal-aid fully access-controlled State highways
28 the State highway authority may charge an entity reasonable
29 compensation for the right of that entity to longitudinally
30 locate, place or construct ditches, drains, track, rails,
31 poles, wires, pipe line or other equipment upon, under or
32 along such highway. Such compensation may include in-kind
33 compensation.
34 Where the entity applying for use of a non-toll
SB699 Engrossed -3- LRB9207709DHmb
1 federal-aid fully access-controlled State highway
2 right-of-way is a public utility company, municipal
3 corporation or other public or private corporation,
4 association or person, such compensation shall be based upon
5 but shall not exceed a reasonable estimate by the State
6 highway authority of the fair market value of an easement or
7 leasehold for such use of the highway right-of-way. Where
8 the State highway authority determines that the applied-for
9 use of such highway right-of-way is for private land uses by
10 an individual and not for commercial purposes, the State
11 highway authority may charge a lesser fee than would be
12 charged a public utility company, municipal corporation or
13 other public or private corporation or association as
14 compensation for the use of the non-toll federal-aid fully
15 access-controlled State highway right-of-way. In no case
16 shall the written consent of the State highway authority give
17 or be construed to give any entity any easement, leasehold or
18 other property interest of any kind in, upon, under, above or
19 along the non-toll federal-aid fully access-controlled State
20 highway right-of-way.
21 Where the compensation from any entity is in whole or in
22 part a fee, such fee may be reasonably set, at the election
23 of the State highway authority, in the form of a single lump
24 sum payment or a schedule of payments. All such fees charged
25 as compensation may be reviewed and adjusted upward by the
26 State highway authority once every 5 years provided that any
27 such adjustment shall be based on changes in the fair market
28 value of an easement or leasehold for such use of the
29 non-toll federal-aid fully access-controlled State highway
30 right-of-way. All such fees received as compensation by the
31 State highway authority shall be deposited in the Road Fund.
32 (e) Any entity applying for consent shall submit such
33 information in such form and detail to the appropriate
34 highway authority as to allow the authority to evaluate the
SB699 Engrossed -4- LRB9207709DHmb
1 entity's application. In the case of accommodations upon,
2 under or along non-toll federal-aid fully access-controlled
3 State highways the entity applying for such consent shall
4 reimburse the State highway authority for all of the
5 authority's reasonable expenses in evaluating that entity's
6 application, including but not limited to engineering and
7 legal fees.
8 (f) Any ditches, drains, track, rails, poles, wires,
9 pipe line or other equipment located, placed or constructed
10 upon, under or along a State highway with the consent of the
11 State highway authority under this Section shall, upon
12 written notice by the State, highway authority be subject to
13 removal, relocation or modification at no expense to the
14 State highway authority when and as deemed necessary by the
15 State highway authority for highway or highway safety
16 purposes. If, within 60 days after receipt of such written
17 notice, arrangements are not made satisfactory to the State
18 highway authority for such removal, relocation or
19 modification, the State highway authority may remove,
20 relocate or modify such ditches, drains, track, rails, poles,
21 wires, pipe line or other equipment and bill the owner
22 thereof for the total cost of such removal, relocation or
23 modification. The State highway authority shall determine
24 the terms of payment of those costs provided that all costs
25 billed by the State highway authority shall not be made
26 payable over more than a 5 year period from the date of
27 billing. This paragraph shall not be construed to prohibit
28 the State highway authority from paying any part of the cost
29 of removal, relocation or modification where such payment is
30 otherwise provided for by State or federal statute or
31 regulation. If 90 days after written notice was given, the
32 ditches, drains, track, rails, poles, pipes, lines, or other
33 equipment have not been removed, relocated, or modified to
34 the satisfaction of the State highway authority, the owner of
SB699 Engrossed -5- LRB9207709DHmb
1 the drains, track, rails, poles, pipes, lines, or other
2 equipment located along the State highway is in breach of the
3 written consent and is subject to liquidated damages of not
4 more than $500 per day. Neither the State nor any contractor
5 hired by the State under this subsection (f) to remove,
6 relocate, or modify the drains, track, rails, poles, pipes,
7 lines, or other equipment located along the State highway is
8 liable or responsible for any resulting injury to persons or
9 damage to property.
10 (g) It shall be the sole responsibility of the entity,
11 without expense to the State highway authority, to maintain
12 and repair its ditches, drains, track, rails, poles, wires,
13 pipe line or other equipment after it is located, placed or
14 constructed upon, under or along any State highway and in no
15 case shall the State highway authority thereafter be liable
16 or responsible to the entity for any damages or liability of
17 any kind whatsoever incurred by the entity or to the entity's
18 ditches, drains, track, rails, poles, wires, pipe line or
19 other equipment.
20 (h) Upon receipt of an application therefor, consent to
21 so use a highway may be granted subject to such terms and
22 conditions not inconsistent with this Code as the highway
23 authority deems for the best interest of the public. The
24 petitioner shall pay to the owners of property abutting upon
25 the affected highways established as though by common law
26 plat all damages the owners may sustain by reason of such use
27 of the highway, such damages to be ascertained and paid in
28 the manner provided by law for the exercise of the right of
29 eminent domain.
30 (i) Such consent shall be granted by the Department in
31 the case of a State highway; by the county board or its
32 designated county superintendent of highways in the case of a
33 county highway; by either the highway commissioner or the
34 county superintendent of highways in the case of a township
SB699 Engrossed -6- LRB9207709DHmb
1 or district road, provided that if consent is granted by the
2 highway commissioner, the petition shall be filed with the
3 commissioner at least 30 days prior to the proposed date of
4 the beginning of construction, and that if written consent is
5 not given by the commissioner within 30 days after receipt
6 of the petition, the applicant may make written application
7 to the county superintendent of highways for consent to the
8 construction. This Section does not vitiate, extend or
9 otherwise affect any consent granted in accordance with law
10 prior to the effective date of this Code to so use any
11 highway.
12 (j) Nothing in this Section shall limit the right of a
13 highway authority to permit the location, placement or
14 construction or any ditches, drains, track, rails, poles,
15 wires, pipe line or other equipment upon, under or along any
16 highway or road as a part of its highway or road facilities
17 or which the highway authority determines is necessary to
18 service facilities required for operating the highway or
19 road, including rest areas and weigh stations.
20 (k) Paragraphs (c) and (d) of this Section shall not
21 apply to any accommodation located, placed or constructed
22 with the consent of the State highway authority upon, under
23 or along any non-toll federal-aid fully access-controlled
24 State highway prior to July 1, 1984, provided that
25 accommodation was otherwise in compliance with the rules,
26 regulations and specifications of the State highway
27 authority.
28 (l) The consent to be granted pursuant to this Section
29 by the appropriate highway authority shall be effective only
30 to the extent of the property interest of the State or
31 government unit served by that highway authority. Such
32 consent shall not be binding on any owner of the fee over or
33 under which the highway or road is located and shall not
34 otherwise relieve the entity granted that consent from
SB699 Engrossed -7- LRB9207709DHmb
1 obtaining by purchase, condemnation or otherwise the
2 necessary approval of any owner of the fee over or under
3 which the highway or road is located. This paragraph shall
4 not be construed as a limitation on the use for highway or
5 road purposes of the land or other property interests
6 acquired by the public for highway or road purposes,
7 including the space under or above such right-of-way.
8 (Source: P.A. 85-540.)
[ Top ]