Land Acquisition
Review the Land Acquisition Timeline.
The Tollway has established a fair land acquisition policy...
As part of its capital planning process, the Illinois Tollway often seeks to acquire real estate needed for various public purposes, including the construction or expansion of the Tollway system. Land to be purchased by the Tollway is often referred to as right-of-way. The Tollway has adopted policies that provide fair and equitable procedures for the acquisition process.
The value of your property is established by appraisal...
When a property is identified as being impacted by a Tollway project, the owner is advised in writing that the property may be needed for Tollway purposes. After the property is surveyed, an appraiser is assigned. The appraiser will visit the property and review recent comparable real estate sales in the area to establish the fair market value. Once the appraisal is completed, it is reviewed by an independent licensed appraiser. All appraisers used by the Tollway are Illinois Certified General Appraisers.
Property owners are invited to participate in the valuation process...
Property owners are always encouraged to accompany the appraiser during the inspection of the property. The owner may provide to the Tollway any information the owner has relative to the value of the property.
The Tollway will make a formal offer and will allow time for negotiation...
After the appraisal is approved, the Tollway will make a formal written offer to the owner, identifying the needed property. The offer will not be less than the value determined by the appraisal. A negotiator for the Tollway will, if possible, meet personally with the owner to explain the offer and receive any relevant information from the owner. Once the offer has been made, there is a 60-day period for the owner and the Tollway to negotiate an agreed price. If no agreement has been reached during this negotiation period, the Tollway can file a condemnation suit to acquire the property.
Relocation assistance and benefits to those who qualify...
When it is necessary to acquire an occupied residence or business property the Tollway will offer relocation assistance to those displaced persons who apply for and qualify for benefits. Such benefits may include counseling in locating a replacement dwelling or business building, payment of moving expenses and costs, mortgage or rent assistance, and other financial assistance to offset the actual costs of relocating to a functionally equivalent space. The property owner will be given at least 90 days notice from the time of the Tollway's offer to purchase. A displaced person should not execute any sales contract or lease agreement until the relocation counselor has inspected and approved the replacement dwelling to assure it meets basic standards. Failure to have replacement property inspected jeopardizes benefit awards.
Even in a condemnation suit, your rights are protected...
When the parties cannot reach agreement during the negotiating period, the Attorney General can and will if necessary, file an eminent domain (condemnation) lawsuit to have the court vest title to the Tollway. The owner has the right to exchange documents and appraisals with the Tollway. The owner also has the right to appear in court, present witnesses, relevant information as to the value of the property, and have the jury to decide fair market value. Even where the Tollway uses its "quick-take" powers to acquire title immediately after filing suit, the owner may appear and present evidence before the judge at the time the preliminary compensation is decided, and still reserve the right to have a full jury trial later to establish the final amount which is paid for the property.
