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HB4950 - 104th General Assembly

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HB4950 Engrossed
LRB104 19990 AAS 33441 b
1

AN ACT concerning regulation.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Public Contract Fraud Act is amended by
5
changing Section 2 as follows:

6

(30 ILCS 545/2)

(from Ch. 127, par. 132.52)
7

Sec. 2.
Spending money without obtaining title to land;
8
approval of title by Attorney General.

9

(a) Except as otherwise provided in Section 2 of the
10
Superconducting Super Collider Act or for projects constructed
11
under the Bikeway Act, any person or persons, commissioner or
12
commissioners, or other officer or officers, entrusted with
13
the construction or repair of any public work or improvement,
14
as set forth in Section 1, who shall expend or cause to be
15
expended upon such public work or improvement, the whole or
16
any part of the moneys appropriated therefor, or who shall
17
commence work, or in any way authorize work to be commenced,
18
thereon, without first having obtained a title, by purchase,
19
donation, condemnation or otherwise, to all lands needed for
20
such public work or improvement, running to the People of the
21
State of Illinois; such title to be approved by the Attorney
22
General, and his approval certified by the Secretary of State
23
and placed on record in his office, shall be deemed guilty of a

HB4950 Engrossed
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LRB104 19990 AAS 33441 b
1
Class A misdemeanor.
2

(b) Approval of title by the Attorney General for all
3
lands needed for a public work or improvement shall not be
4
required as established under subsection (a) of this Section
5
and the State Comptroller may draw warrant in payment of
6
consideration for all such lands without requiring approval of
7
title by the Attorney General if consideration to be paid does
8
not exceed $25,000 and the title acquired for such lands is
9
for:
10

(1) a fee simple title or easement acquired by the
11

State for highway right-of-way; or
12

(2) an acquisition of rights or easements of access,
13

crossing, light, air or view to, from or over a freeway
14

vested in abutting property; or
15

(3) a fee simple title or easement used to place
16

utility lines and connect a permanent public work or
17

improvement owned by the State to main utility lines; or
18

(4) for the purpose of flood relief or other water
19

resource projects.
20

(c) This Section does not apply to any otherwise lawful
21
expenditures for the construction, completion, remodeling,
22
maintenance and equipment of buildings and other facilities
23
made in connection with and upon premises owned by the
24
Illinois Building Authority, nor shall this Section apply to
25
improvements to real estate leased by any State agency as
26
defined in the Illinois State Auditing Act, provided the

HB4950 Engrossed
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LRB104 19990 AAS 33441 b
1
leasehold improvements were contracted for by an agency with
2
leasing authority and in compliance with the rules and
3
regulations promulgated by such agency for that purpose.
4

(d) Notwithstanding subsection (a), the Department of
5
Transportation may proceed with bidding or awarding a contract
6
or any construction activities once it has complied with the
7
requirements for conditional certification under 23 CFR
8
635.309(c)(3).
9

The Department of Transportation shall comply with the
10
requirements under subsection (a) before expending funds on
11
construction activities or property acquisition related to
12
parcels that were outstanding at the time of conditional
13
certification under this subsection (d).
14

No construction activities shall be undertaken on any
15
property until the requirements under subsection (a) have been
16
met for that property. No delay costs shall be assessed
17
against the State until the Department of Transportation has
18
complied with subsection (a).
19
(Source: P.A. 103-865, eff. 1-1-25
.)

20

Section 10.
The Real Estate Appraiser Licensing Act of
21
2002 is amended by changing Sections 1-10 and 5-5 as follows:

22

(225 ILCS 458/1-10)
23

(Section scheduled to be repealed on January 1, 2027)
24

Sec. 1-10.
Definitions.
As used in this Act, unless the

HB4950 Engrossed
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LRB104 19990 AAS 33441 b
1
context otherwise requires:
2

"Accredited college or university, junior college, or
3
community college" means a college or university, junior
4
college, or community college that is approved or accredited
5
by the Board of Higher Education, a regional or national
6
accreditation association, or by an accrediting agency that is
7
recognized by the U.S. Secretary of Education.
8

"Address of record" means the designated street address,
9
which may not be a post office box, recorded by the Department
10
in the applicant's or licensee's application file or license
11
file as maintained by the Department.
12

"Applicant" means a person who applies to the Department
13
for a license under this Act.
14

"Appraisal" means (noun) the act or process of developing
15
an opinion of value; an opinion of value (adjective) of or
16
pertaining to appraising and related functions, such as
17
appraisal practice or appraisal services.
18

"Appraisal assignment" means a valuation service provided
19
pursuant to an agreement between an appraiser and a client.
20

"Appraisal firm" means an appraisal entity that is 100%
21
owned and controlled by a person or persons licensed in
22
Illinois as a certified general real estate appraiser or a
23
certified residential real estate appraiser. "Appraisal firm"
24
does not include an appraisal management company.
25

"Appraisal management company" means any corporation,
26
limited liability company, partnership, sole proprietorship,

HB4950 Engrossed
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LRB104 19990 AAS 33441 b
1
subsidiary, unit, or other business entity that directly or
2
indirectly: (1) provides appraisal management services to
3
creditors or secondary mortgage market participants, including
4
affiliates; (2) provides appraisal management services in
5
connection with valuing the consumer's principal dwelling as
6
security for a consumer credit transaction (including consumer
7
credit transactions incorporated into securitizations); and
8
(3) any appraisal management company that, within a given
9
12-month period, oversees an appraiser panel of 16 or more
10
State-certified appraisers in Illinois or 25 or more
11
State-certified or State-licensed appraisers in 2 or more
12
jurisdictions. "Appraisal management company" includes a
13
hybrid entity.
14

"Appraisal practice" means valuation services performed by
15
an individual acting as an appraiser, including, but not
16
limited to, appraisal or appraisal review.
17

"Appraisal qualification board (AQB)" means the
18
independent board of the Appraisal Foundation, which, under
19
the provisions of Title XI of the Financial Institutions
20
Reform, Recovery, and Enforcement Act of 1989, establishes the
21
minimum education, experience, and examination requirements
22
for real property appraisers to obtain a state certification
23
or license.
24

"Appraisal report" means any communication, written or
25
oral, of an appraisal or appraisal review that is transmitted
26
to a client upon completion of an assignment.

HB4950 Engrossed
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LRB104 19990 AAS 33441 b
1

"Appraisal review" means the act or process of developing
2
and communicating an opinion about the quality of another
3
appraiser's work that was performed as part of an appraisal,
4
appraisal review, or appraisal assignment.
5

"Appraisal Subcommittee" means the Appraisal Subcommittee
6
of the Federal Financial Institutions Examination Council as
7
established by Title XI.
8

"Appraiser" means a person who performs real estate or
9
real property appraisals competently and in a manner that is
10
independent, impartial, and objective.
11

"Appraiser panel" means a network, list, or roster of
12
licensed or certified appraisers approved by the appraisal
13
management company or by the
end-user
client to perform
14
appraisals as independent contractors for the appraisal
15
management company. "Appraiser panel" includes both appraisers
16
accepted by an appraisal management company for consideration
17
for future appraisal assignments and appraisers engaged by an
18
appraisal management company to perform one or more
19
appraisals. For the purposes of determining the size of an
20
appraiser panel, only independent contractors of hybrid
21
entities shall be counted towards the appraiser panel.
22

"Associate real estate trainee appraiser" means an
23
entry-level appraiser who holds a license of this
24
classification under this Act with restrictions as to the
25
scope of practice in accordance with this Act.
26

"Automated valuation model" means an automated system that

HB4950 Engrossed
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LRB104 19990 AAS 33441 b
1
is used to derive a property value through the use of available
2
property records and various analytic methodologies such as
3
comparable sales prices, home characteristics, and price
4
changes.
5

"Board" means the Real Estate Appraisal Administration and
6
Disciplinary Board.
7

"Broker price opinion" means an estimate or analysis of
8
the probable selling price of a particular interest in real
9
estate, which may provide a varying level of detail about the
10
property's condition, market, and neighborhood and information
11
on comparable sales. The activities of a real estate broker or
12
managing broker engaging in the ordinary course of business as
13
a broker, as defined in this Section, shall not be considered a
14
broker price opinion if no compensation is paid to the broker
15
or managing broker, other than compensation based upon the
16
sale or rental of real estate.
17

"Classroom hour" means 50 minutes of instruction out of
18
each 60-minute segment of coursework.
19

"Client" means the party or parties who engage an
20
appraiser by employment or contract in a specific appraisal
21
assignment.
22

"Comparative market analysis" is an analysis or opinion
23
regarding pricing, marketing, or financial aspects relating to
24
a specified interest or interests in real estate that may be
25
based upon an analysis of comparative market data, the
26
expertise of the real estate broker or managing broker, and

HB4950 Engrossed
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LRB104 19990 AAS 33441 b
1
such other factors as the broker or managing broker may deem
2
appropriate in developing or preparing such analysis or
3
opinion. The activities of a real estate broker or managing
4
broker engaging in the ordinary course of business as a
5
broker, as defined in this Section, shall not be considered a
6
comparative market analysis if no compensation is paid to the
7
broker or managing broker, other than compensation based upon
8
the sale or rental of real estate.
9

"Coordinator" means the Real Estate Appraisal Coordinator
10
created in Section 25-15.
11

"Department" means the Department of Financial and
12
Professional Regulation.
13

"Email address of record" means the designated email
14
address recorded by the Department in the applicant's
15
application file or the licensee's license file maintained by
16
the Department.
17

"Evaluation" means a valuation permitted by the appraisal
18
regulations of the Federal Financial Institutions Examination
19
Council and its federal agencies for transactions that qualify
20
for the appraisal threshold exemption, business loan
21
exemption, or subsequent transaction exemption.
22

"Federal financial institutions regulatory agencies" means
23
the Board of Governors of the Federal Reserve System, the
24
Federal Deposit Insurance Corporation, the Office of the
25
Comptroller of the Currency, the Consumer Financial Protection
26
Bureau, and the National Credit Union Administration.

HB4950 Engrossed
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LRB104 19990 AAS 33441 b
1

"Federally related transaction" means any real
2
estate-related financial transaction in which a federal
3
financial institutions regulatory agency engages in, contracts
4
for, or regulates and requires the services of an appraiser.
5

"Financial institution" means any bank, savings bank,
6
savings and loan association, credit union, mortgage broker,
7
mortgage banker, licensee under the Consumer Installment Loan
8
Act or the Sales Finance Agency Act, or a corporate fiduciary,
9
subsidiary, affiliate, parent company, or holding company of
10
any such licensee, or any institution involved in real estate
11
financing that is regulated by state or federal law.
12

"Hybrid entity" means an appraisal management company that
13
hires an appraiser as an employee to perform an appraisal and
14
engages an independent contractor to perform an appraisal.
15

"License" means the privilege conferred by the Department
16
to a person that has fulfilled all requirements prerequisite
17
to any type of licensure under this Act.
18

"Licensee" means any person licensed under this Act.
19

"Multi-state licensing system" means a web-based platform
20
that allows an applicant to submit the application or license
21
renewal application to the Department online.
22

"Person" means an individual, entity, sole proprietorship,
23
corporation, limited liability company, partnership, and joint
24
venture, foreign or domestic, except that when the context
25
otherwise requires, the term may refer to more than one
26
individual or other described entity.

HB4950 Engrossed
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LRB104 19990 AAS 33441 b
1

"Real estate" means an identified parcel or tract of land,
2
including any improvements.
3

"Real estate related financial transaction" means any
4
transaction involving:
5

(1) the sale, lease, purchase, investment in, or
6

exchange of real property, including interests in property
7

or the financing thereof;
8

(2) the refinancing of real property or interests in
9

real property; and
10

(3) the use of real property or interest in property
11

as security for a loan or investment, including mortgage
12

backed securities.
13

"Real property" means the interests, benefits, and rights
14
inherent in the ownership of real estate.
15

"Secretary" means the Secretary of Financial and
16
Professional Regulation or the Secretary's designee.
17

"State certified general real estate appraiser" means an
18
appraiser who holds a license of this classification under
19
this Act and such classification applies to the appraisal of
20
all types of real property without restrictions as to the
21
scope of practice.
22

"State certified residential real estate appraiser" means
23
an appraiser who holds a license of this classification under
24
this Act and such classification applies to the appraisal of
25
one to 4 units of residential real property without regard to
26
transaction value or complexity, but with restrictions as to

HB4950 Engrossed
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LRB104 19990 AAS 33441 b
1
the scope of practice in a federally related transaction in
2
accordance with Title XI, the provisions of USPAP, criteria
3
established by the AQB, and further defined by rule.
4

"Supervising appraiser" means either (i) an appraiser who
5
holds a valid license under this Act as either a State
6
certified general real estate appraiser or a State certified
7
residential real estate appraiser, who co-signs an appraisal
8
report for an associate real estate trainee appraiser or (ii)
9
a State certified general real estate appraiser who holds a
10
valid license under this Act who co-signs an appraisal report
11
for a State certified residential real estate appraiser on
12
properties other than one to 4 units of residential real
13
property without regard to transaction value or complexity.
14

"Title XI" means Title XI of the federal Financial
15
Institutions Reform, Recovery, and Enforcement Act of 1989.
16

"USPAP" means the Uniform Standards of Professional
17
Appraisal Practice as promulgated by the Appraisal Standards
18
Board pursuant to Title XI and by rule.
19

"Valuation services" means services pertaining to aspects
20
of property value.
21

"Waiver valuation" means a valuation prepared pursuant to
22
the federal Uniform Relocation Assistance and Real Property
23
Acquisition Policies Act of 1970, as amended, or pursuant to
24
the federal Uniform Relocation Assistance and Real Property
25
Acquisition for Federal and Federally Assisted Programs
26
regulations under 49 CFR Part 24, which is not an appraisal and

HB4950 Engrossed
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LRB104 19990 AAS 33441 b
1
may not be represented to be an appraisal.

2
(Source: P.A. 102-20, eff. 1-1-22; 102-687, eff. 12-17-21;
3
102-970, eff. 5-27-22; 103-236, eff. 1-1-24
.)

4

(225 ILCS 458/5-5)
5

(Section scheduled to be repealed on January 1, 2027)
6

Sec. 5-5.
Necessity of license; use of title; exemptions.
7

(a) It is unlawful for a person to (i) act, offer services,
8
or advertise services as a State certified general real estate
9
appraiser, State certified residential real estate appraiser,
10
or associate real estate trainee appraiser, (ii) develop a
11
real estate appraisal, (iii) practice as a real estate
12
appraiser, or (iv) advertise as a real estate appraiser
13
without a license issued under this Act. A person who violates
14
this subsection is guilty of a Class A misdemeanor for a first
15
offense and a Class 4 felony for any subsequent offense.
16

(a-5) It is unlawful for a person, unless registered as an
17
appraisal management company, to solicit clients or enter into
18
an appraisal engagement with clients without either a
19
certified residential real estate appraiser license or a
20
certified general real estate appraiser license issued under
21
this Act. A person who violates this subsection is guilty of a
22
Class A misdemeanor for a first offense and a Class 4 felony
23
for any subsequent offense.
24

(b) It is unlawful for a person, other than a person who
25
holds a valid license issued pursuant to this Act as a State

HB4950 Engrossed
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LRB104 19990 AAS 33441 b
1
certified general real estate appraiser, a State certified
2
residential real estate appraiser, or an associate real estate
3
trainee appraiser to use these titles or any other title,
4
designation, or abbreviation likely to create the impression
5
that the person is licensed as a real estate appraiser
6
pursuant to this Act. A person who violates this subsection is
7
guilty of a Class A misdemeanor for a first offense and a Class
8
4 felony for any subsequent offense.
9

(c) This Act does not apply to a person who holds a valid
10
license as a real estate broker or managing broker pursuant to
11
the Real Estate License Act of 2000 who prepares or provides a
12
broker price opinion or comparative market analysis in
13
compliance with Section 10-45 of the Real Estate License Act
14
of 2000.
15

(d) Nothing in this Act shall preclude a State certified
16
general real estate appraiser, a State certified residential
17
real estate appraiser, or an associate real estate trainee
18
appraiser from rendering appraisals for or on behalf of a
19
partnership, association, corporation, firm, or group.
20
However, no State appraisal license or certification shall be
21
issued under this Act to a partnership, association,
22
corporation, firm, or group.
23

(e) This Act does not apply to a county assessor, township
24
assessor, multi-township assessor, county supervisor of
25
assessments, or any deputy or employee of any county assessor,
26
township assessor, multi-township assessor, or county

HB4950 Engrossed
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LRB104 19990 AAS 33441 b
1
supervisor of assessments in performance of respective duties
2
in accordance with the provisions of the Property Tax Code.
3

(e-5) For the purposes of this Act,
waiver valuations

4
valuation waivers may be prepared by a licensed appraiser
5
notwithstanding any other provision of this Act, and the
6
following types of valuations
are not appraisals and may not
7
be represented to be appraisals, and a license
or
8
certification
is not required under this Act to perform such
9
valuations if the valuations are
created in one of the
10
following manners:

performed by (1) an employee of the
11
Illinois Department of Transportation who has completed a
12
minimum of 45 hours of course work in real estate appraisal,
13
including the principles of real estate appraisals, appraisal
14
of partial acquisitions, easement valuation, reviewing
15
appraisals in eminent domain, appraisal for federal aid
16
highway programs, and appraisal review for federal aid highway
17
programs and has at least 2 years' experience in a field
18
closely related to real estate; (2) a county engineer who is a
19
registered professional engineer under the Professional
20
Engineering Practice Act of 1989; (3) an employee of a
21
municipality who has (i) completed a minimum of 45 hours of
22
coursework in real estate appraisal, including the principles
23
of real estate appraisals, appraisal of partial acquisitions,
24
easement valuation, reviewing appraisals in eminent domain,
25
appraisal for federal aid highway programs, and appraisal
26
review for federal aid highway programs and (ii) has either 2

HB4950 Engrossed
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LRB104 19990 AAS 33441 b
1
years' experience in a field clearly related to real estate or
2
has completed 20 hours of additional coursework that is
3
sufficient for a person to complete waiver valuations as
4
approved by the Federal Highway Administration; or (4) a
5
municipal engineer who has completed coursework that is
6
sufficient for waiver valuations to be approved by the Federal
7
Highway Administration and who is a registered professional
8
engineer under the Professional Engineering Act of 1989, under
9
the following circumstances:

10

(A) a
waiver
valuation
waiver
in an amount not to
11

exceed
$35,000 that

$20,000 prepared pursuant to the
12

federal Uniform Relocation Assistance and Real Property
13

Acquisition Policies Act of 1970, or prepared pursuant to
14

the federal Uniform Relocation Assistance and Real
15

Property Acquisition for Federal and Federally-Assisted
16

Programs regulations and which
is performed by
:
17

(1) an employee of the Illinois Department of
18

Transportation
who is a registered professional
19

engineer under the Professional Engineering Practice
20

Act of 1989 or an employee of the Illinois Department
21

of Transportation that is

and
co-signed
, with a
22

license number affixed,
by another employee of the
23

Illinois Department of Transportation
and
who is a
24

registered professional engineer under the
25

Professional Engineering Practice Act of 1989
, with a
26

license number affixed;

HB4950 Engrossed
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LRB104 19990 AAS 33441 b
1

(2) a person who: (i) has at least 2 years'
2

experience in a field closely related to real estate;
3

(ii) has completed a minimum of 45 hours of course work
4

in real estate appraisal, including the principles of
5

real estate appraisals, appraisal of partial
6

acquisitions, easement valuation, reviewing appraisals
7

in eminent domain, appraisal for federal aid highway
8

programs, or appraisal review for federal aid highway
9

programs; and (iii) is an employee of the Illinois
10

Department of Transportation or an employee of a
11

consultant or subconsultant under contract to provide
12

land acquisition services to the Illinois Department
13

of Transportation;
14

(3) a county or municipal engineer who is a
15

registered professional engineer under the
16

Professional Engineering Practice Act of 1989, with an
17

engineer's signature and license number affixed;
18

(4) a municipal engineer who has completed
19

coursework that is sufficient for waiver valuations to
20

be approved by the Federal Highway Administration and
21

who is a registered professional engineer under the
22

Professional Engineering Practice Act of 1989;
23

(5)

or (2)
an employee of a
county or
municipality
24

that is

and
co-signed
with a license number affixed
by
25

its respective

a
county or municipal engineer who is a
26

registered professional engineer under the

HB4950 Engrossed
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LRB104 19990 AAS 33441 b
1

Professional Engineering Practice Act of 1989
, with a
2

license number affixed;
3

(6) an employee of a municipality who:
4

(A) has completed a minimum of 45 hours of
5

coursework in real estate appraisal, including the
6

principles of real estate appraisals, appraisal of
7

partial acquisitions, easement valuation,
8

reviewing appraisals in eminent domain, appraisal
9

for federal aid highway programs, and appraisal
10

review for federal aid highway programs; and
11

(B) has either 2 years of experience in a
12

field clearly related to real estate or has
13

completed 20 hours of additional coursework that
14

is sufficient for the employee to complete waiver
15

valuations as approved by the Federal Highway
16

Administration; or
17

(7) a nonresident appraiser licensed in another
18

jurisdiction who does not represent himself or herself
19

to be an Illinois-licensed appraiser
;
or

and
20

(B) a
waiver
valuation
waiver
in an amount not to
21

exceed
$50,000 that (1) is performed by a licensed
22

certified general real estate appraiser, a licensed
23

certified residential real estate appraiser, or an
24

associate real estate trainee appraiser employed by the
25

Illinois Department of Transportation, (2) includes the
26

signature and license numbers of the appraiser or the

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1

trainee and the trainee's supervising appraiser, and (3)
2

is co-signed by an employee of the Illinois Department of
3

Transportation who is a registered professional engineer
4

under the Professional Engineering Practice Act of 1989,
5

with a license number affixed

$20,000 prepared pursuant to
6

the federal Uniform Relocation Assistance and Real
7

Property Acquisition Policies Act of 1970, or prepared
8

pursuant to the federal Uniform Relocation Assistance and
9

Real Property Acquisition for Federal and
10

Federally-Assisted Programs regulations and which is
11

performed by a county or municipal engineer who is
12

employed by a county or municipality and is a registered
13

professional engineer under the Professional Engineering
14

Practice Act of 1989. The valuation shall include the
15

county or municipal engineer's signature and license
16

number
.
17

Nothing in this subsection (e-5) shall be construed to
18
allow the State of Illinois, a political subdivision thereof,
19
or any public body to acquire real estate by eminent domain in
20
any manner other than provided for in the Eminent Domain Act.
21

Any person who is certified or licensed under this Act and
22
performs a waiver valuation in accordance with (1) the
23
requirements of this subsection (e-5) and (2) the federal
24
Uniform Relocation Assistance and Real Property Acquisition
25
Policies Act of 1970, as amended, or pursuant to the federal
26
Uniform Relocation Assistance and Real Property Acquisition

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1
for Federal and Federally Assisted Programs regulations under
2
49 CFR Part 24 shall be exempt from adherence to all relevant
3
provisions of the Uniform Standards of Professional Appraisal
4
Practice while conducting waiver valuations in accordance with
5
State and federal law. Nothing in this Act shall be construed
6
to exempt any person who is certified or licensed under this
7
Act from adhering to the Uniform Standards of Professional
8
Appraisal Practice while conducting appraisals in accordance
9
with this Act.
10

(f) A State real estate appraisal certification or license
11
is not required under this Act for any person, partnership,
12
association, or corporation that performs appraisals of
13
property owned by that person, partnership, association, or
14
corporation for the sole use of that person, partnership,
15
association, or corporation.
16

Any person who is certified or licensed under this Act and
17
who performs any of the activities set forth in this
18
subsection (f) must comply with the provisions of this Act. A
19
person who violates this subsection (f) is guilty of a Class A
20
misdemeanor for a first offense and a Class 4 felony for any
21
subsequent offense.
22

(g) This Act does not apply to an employee, officer,
23
director, or member of a credit or loan committee of a
24
financial institution or any other person engaged by a
25
financial institution when performing an evaluation of real
26
property for the sole use of the financial institution in a

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1
transaction for which the financial institution would not be
2
required to use the services of a State licensed or State
3
certified appraiser pursuant to federal regulations adopted
4
under Title XI of the federal Financial Institutions Reform,
5
Recovery, and Enforcement Act of 1989.
6

(h) This Act does not apply to the procurement of an
7
automated valuation model.
8
(Source: P.A. 102-20, eff. 1-1-22
.)

9

Section 15.
The Illinois Highway Code is amended by
10
changing Section 4-501 as follows:

11

(605 ILCS 5/4-501)

(from Ch. 121, par. 4-501)
12

Sec. 4-501.
The Department, in its name, or any county may
13
acquire the fee simple title, or such lesser interest as may be
14
desired, to any
public or private
land, rights, or other
15
property necessary for the construction, maintenance or
16
operation of State highways, or necessary for locating,
17
relocating, extending, widening or straightening any State
18
highway, or necessary for locating, relocating, extending,
19
widening or straightening an existing street or for laying
20
out, establishing or opening a new street within the corporate
21
limits of any municipality which has been designated by the
22
Department as a street to form a part of or to connect with a
23
State highway leading up to the corporate limits of such
24
municipality, or necessary for any other purpose or use

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1
contemplated by this Code by purchase or by the exercise of the
2
right of eminent domain under the eminent domain laws of this
3
State and the Department shall not be required, in any case, to
4
furnish bond.
5

When, in the judgment of the acquiring agency, it is more
6
practical and economical to acquire the fee to the
7
inaccessible remnants of the tracts of land from which
8
rights-of-way are being acquired than to pay severance
9
damages, such agency may do so by purchase or by an eminent
10
domain proceeding.
11

When a part of a parcel of land is to be taken for State
12
highway purposes and the accessible remnant is to be left in a
13
shape or condition rendering it of little value to the owner or
14
giving rise to claims for severance or other damages, upon
15
written request of the owner, the acquiring agency may take
16
the whole parcel and may sell or exchange the part not needed
17
for highway purposes.
18

When acquiring land for a highway on a new location, and
19
when a parcel of land one acre or less in area contains a
20
single family residence, which is in conformance with existing
21
zoning ordinances, and only a part of that parcel is required
22
for State highway purposes causing the remainder of the parcel
23
not to conform with the existing zoning ordinances, or when
24
the location of the right of way line of the proposed highway
25
reduces the distance from an existing single family residence
26
to the right of way line to 10 feet or less, the acquiring

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1
agency shall, if the owner so demands, take the whole parcel by
2
negotiation or condemnation. The part not needed for highway
3
purposes may be rented, sold or exchanged by the acquiring
4
agency.
5

When any farm land is acquired for State highway purposes
6
by the exercise of the right of eminent domain, the rate of
7
compensation to be paid by the acquiring agency shall be
8
computed by taking into consideration the total acreage
9
originally involved in the farm land parcel, including that
10
portion of such parcel already part of a right of way for
11
highway purposes but for which legal title lies in the owner of
12
the parcel.
13
(Source: P.A. 81-536.)

14

Section 99.
Effective date.
This Act takes effect upon
15
becoming law.

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