Land Acquisition
The Tollway has established a fair land aquisition policy...
The Illinois Tollway realizes that acquiring property for construction projects becomes a very personal issue with the owner. They have therefore 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 necessary for a Tollway project, the owner is advised in writing that the property is necessary. After the property is surveyed, an appraiser is assigned to find the value of the property. The appraiser will visit the property and review recent real estate sales in the area, in order to establish the value. Once the appraisal is made, it is reviewed for completeness and accuracy by a second, independent 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 invited to accompany the appraiser during his review of the property. The owner may provide to the appraiser, or to the Tollway, any information the owner believes shows the value of the property. When an owner is being relocated, the owner may identify items on the property, up to and including a shed, garage or house, which the owner wishes to move prior to the time the Tollway acquires the property.
The Tollway will make a formal offer and will allow time for negotiation ...
After appraisal, the Tollway will make a formal written offer to the owner, identifying what part of the property is needed. The offer is not less than the value shown by the appraisal. A negotiator for the Tollway will, if possible, meet personally with the owner to explain the offer and to receive information from the owner. Once the offer has been made, a period of at least 60 days is allowed for the owner and the Tollway to negotiate an agreed price. A property may go to the filing of a condemnation suit only if no agreement has been reached during this negotiation period.
The Tollway offers assistance to owners who must relocate ...
Sometimes it is necessary to take property with a residence or business on it. In those cases, the Tollway offers relocation assistance, which may include help in locating a replacement building, payment of moving expenses and costs, mortgage or rent assistance, and other financial assistance to offset the actual costs of relocating to a suitable space. The property owner will be given at least 90 days notice from the time of the offer to buy the residence or business until the earliest date the owner would be required to move.
Even in a condemnation suit, your rights are protected ...
In cases where no agreement is reached between the owner and the Tollway during the negotiating period, the Attorney General will file an Eminent Domain (condemnation) lawsuit. The owner has the right to exchange documents and appraisals with the Tollway, to appear in court and present witnesses as to the value of the property, and to ask for a jury to decide the 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.
