Illinois Compiled Statutes
605 ILCS 5/ - Illinois Highway Code.
Article 3 - Federal Aid

(605 ILCS 5/Art. 3 heading)

(605 ILCS 5/3-101) (from Ch. 121, par. 3-101)
Sec. 3-101.

The General Assembly, constituting the Legislature of the State
of Illinois, assents to the provisions, terms, conditions and purposes of
the Federal Aid Road Act as defined in this Code.
In the location of highways which will be part of the National System of
Interstate and Defense Highways referred to in the Federal Aid Highway Act
of 1956 (public law 627 of the 84th Congress), existing highways of the
State highway system as defined in this Code shall be used to the extent as
the Department finds such use is practicable, suitable and feasible. The
selection of such locations shall be made as provided in Section 3-103 of
this Code.

(Source: Laws 1959, p. 196.)

(605 ILCS 5/3-102) (from Ch. 121, par. 3-102)
Sec. 3-102.

In accordance with the provisions of such Federal Aid Road
Act, as soon as the State has made provision for the completion and
maintenance of 90% of the network or primary or interstate and secondary or
intercounty federal aid highways equal to 7% of the total public highway
mileage of the State specified in the Federal Aid Road Act, the Department
may, with the approval of the designated authority of the United States
Government, increase the mileage of such primary or interstate and
secondary or intercounty network by additional mileage equal to not more
than 1% of the total public highway mileage of the State, and thereafter
may make like increases in the mileage of such network whenever provision
has been made for the completion and maintenance of 90% of the mileage of
such network previously authorized in accordance herewith, and may
construct and improve highways so selected in accordance with this Code and
any other laws applicable, as moneys are appropriated for this purpose and
made available by Acts of Congress and Acts of this State.
When selecting highways to be added to such network by and with the
approval of the designated authority of the United States Government, as
heretofore provided, the Department shall, so far as is practicable and
consistent with the Acts of Congress, distribute in the several counties
the mileage proposed to be added, and, as nearly as may be, so as to
provide simultaneously for additional highways in the different sections of
this State.
When designating the projects on such network of highways which are to
be improved with the current allotments of federal funds made available by
Acts of Congress and with funds made available by Acts of this State to be
used with such federal funds, the Department shall distribute such federal
aid projects equitably and fairly among the different sections of the State
and, so far as is practicable and consistent with Acts of Congress, among
the several counties.

(Source: Laws 1959, p. 196.)

(605 ILCS 5/3-103) (from Ch. 121, par. 3-103)
Sec. 3-103.

The Department is authorized and instructed to enter into all
agreements with the designated authority of the United States Government
relating to the selection, construction and maintenance of highways under
the provisions of the Federal Aid Road Act, to submit such scheme or
project of selection, construction and maintenance as may be required by
the designated authority of the United States Government, and to do all
things necessary fully to carry out and make effective the cooperation
contemplated and provided for by such Act.
In locating and constructing a highway which will be a part of the
National System of Interstate and Defense Highways local needs, to the
extent practicable, suitable and feasible, shall be given equal
consideration with the needs of interstate commerce, so that such highway
will not unduly discommode or interfere with local traffic or will not
destroy reasonable access to schools, churches, markets, trade or community
centers.

(Source: Laws 1959, p. 196.)

(605 ILCS 5/3-104) (from Ch. 121, par. 3-104)
Sec. 3-104.

The Department in cooperation with the county boards and
Federal Highway Administration is authorized to select and designate a
network of federal aid secondary highways consisting of not more than
25,000 miles to be known as the federal aid secondary network. The highways
included in such network shall be selected and designated in accordance
with the provisions of the Federal Aid Road Act, and shall consist of
highways not included in the federal aid primary or federal aid urban networks.
Any highway included in the approved federal aid secondary network may
be constructed jointly at the expense of the federal government and the
State of Illinois, or jointly at the expense of the federal government and
a county or counties, or jointly at the expense of the federal government,
the State of Illinois, and a county or counties, in accordance with the
provisions of the Federal Aid Road Act.
The local highway authorities having jurisdiction over a highway or
street prior to its selection and designation as a part of the federal aid
secondary network shall continue to be responsible for its maintenance
until such time as it has been constructed as provided herein. After a
highway has been so constructed, the Department is authorized to maintain
it, or, with the approval of the Federal Highway
Administration, to enter
into a formal agreement with the appropriate officials of the county in
which such highway is located, either prior to or after construction, for
its maintenance at the expense of such county. If at any time the
Department finds that the highway is not being properly maintained by such
county, the Department shall call such fact to the attention of the county
and if within 90 days after receipt of such notice the highway has not been
put in a condition of maintenance satisfactory to the Department and the
Federal Highway Administration, then the Department, with the consent of
the Federal Highway Administration, shall withhold approval of any further
federal aid secondary projects in such county until such highway has been
so restored.

(Source: P.A. 79-511.)

(605 ILCS 5/3-104.1) (from Ch. 121, par. 3-104.1)
Sec. 3-104.1.

The Department in cooperation with the municipal corporate authorities
or county authorities is authorized to select and designate separate
networks of municipal streets to be known as the federal aid
urban system of streets and highways in urban
areas. The highways included in such networks shall be selected and
designated in accordance with the provisions of the Federal Aid Road Act.
Any street or highway included in the federal aid
urban system may be constructed jointly at the expense
of the federal government and the State of Illinois, or jointly at the
expense of the federal government, a municipality or municipalities, or a
county or counties, or jointly at the expense of the federal government,
the State of Illinois, a municipality or municipalities or a county or
counties, in accordance with the provisions of the Federal Aid Road Act.
The authority having jurisdiction over a street or highway prior to its
improvement as a federal aid urban project
shall be responsible for maintenance, at its own expense. If at any time
the Department finds that a street or highway improved as a federal aid
project is not being properly maintained by such municipality or county,
the Department shall call such fact to the attention of the corporate
authorities or county authorities, and if within 90 days after receipt of
such notice the street or highway has not been put in a condition of proper
maintenance satisfactory to the Department and the Federal Highway
Administration, then the Department shall immediately proceed to have such
street or highway placed in proper condition of maintenance and charge the
costs thereof against the municipality's allotment or the county's
allotment of motor fuel tax funds.

(Source: P.A. 79-511.)

(605 ILCS 5/3-104.2) (from Ch. 121, par. 3-104.2)
Sec. 3-104.2.

The Department, or the Department in cooperation with
municipal corporate authorities or county authorities, is authorized to
receive and expend, by agreement or otherwise, federal funds for the
construction, reconstruction and improvement of public roads not on any
Federal-aid system, being improved under the Federal Aid Road Act.
Any Federal-aid project as authorized in this Section may be
undertaken jointly at the expense of the federal government and the
State of Illinois, or jointly at the expense of the federal government,
a municipality or municipalities, or a county or counties, or jointly at
the expense of the federal government, the State of Illinois, a
municipality or municipalities or a county or counties, or any of the
above jointly with any other public or private entity or public utility.
The authority having jurisdiction over a public road not on any
federal-aid system prior to its improvement as a federal-aid project
shall continue to be responsible for maintenance, at its own expense.
For the purposes of this Section, "public road" means any road under
the jurisdiction of and maintained by a public authority and open to
public travel and which is not on a federal-aid system.

(Source: P.A. 84-298.)

(605 ILCS 5/3-104.3) (from Ch. 121, par. 3-104.3)
Sec. 3-104.3.

The Department or, by agreement with the Department, the
highway authority of any county or township or road district of this State
may, as a federal-aid project, construct, reconstruct, or improve any road
or highway under its jurisdiction which has been selected and designated
by the Department as a part of the national scenic and recreational highway
known as the Great River Road under 23 U.S.C. 148, and all of the provisions
of that Section shall apply.
Any county or township or road district may use any funds available to
it for highway purposes to pay its share of any project under this Section.
Except for the maintenance of recreational facilities and rest areas constructed
adjacent to the road, the highway authority having jurisdiction over a road
or highway prior to its improvement as a part of such national scenic and
recreational highway shall continue to be responsible for maintenance, at
its own expense.

(Source: P.A. 80-691.)

(605 ILCS 5/3-105) (from Ch. 121, par. 3-105)
Sec. 3-105.
Except as otherwise provided in the Treasurer as Custodian
of Funds Act, all money received by the State
of Illinois from the federal government for aid in construction of highways
shall be placed in the Road Fund in the State treasury. For the purposes of this Section, money received by the State of Illinois from the federal government under the Recreational Trails Program for grants or contracts obligated on or after October 1, 2017 shall not be considered for use as aid in construction of highways, and shall be placed in the Park and Conservation Fund in the State treasury.
Whenever any county having a population of 500,000 or more inhabitants
has incurred indebtedness and issued Expressway bonds as authorized by
Division 5-34 of
the Counties Code and has used
the proceeds of such bonds for the construction of Expressways in
accordance with the provisions of Section 15d of "An Act to revise the law
in relation to roads and bridges", approved June 27, 1913, as amended
(repealed) or
of Section 5-403 of this Code in order to accelerate the improvement of
the National System of Interstate Highways, the federal aid primary highway
network or the federal aid highway network in urban areas, the State shall
appropriate and allot, from the allotments of federal funds made available
by Acts of Congress under the Federal Aid Road Act and as appropriated
and made available to the State of Illinois, to such county or counties a
sum sufficient to retire the bonded indebtedness due annually arising from
the issuance of those Expressway bonds issued for the purpose of
constructing Expressways in the county or counties. Such funds shall be
deposited in the Treasury of such county or counties for the purpose of
applying such funds to the payment of the Expressway bonds, principal and
interest due annually, issued pursuant to Division 5-34 of the Counties Code.

(Source: P.A. 100-127, eff. 1-1-18; 100-863, eff. 8-14-18.)

(605 ILCS 5/3-105.1) (from Ch. 121, par. 3-105.1)
Sec. 3-105.1.

Except as otherwise provided in "An Act in relation to
the receipt, custody and disbursement of money allotted by the United
States of America or any agency thereof for use in this State," approved
July 3, 1939, as heretofore or hereafter amended, all money received by the
State of Illinois from the Federal Highway Administration for the
implementation of the provisions of the Federal "Commercial Motor Vehicle
Safety Act of 1986," Title XII, Public Law 99-570, shall be placed in the
"Road Fund" in the State Treasury.

(Source: P.A. 85-853.)

(605 ILCS 5/3-106) (from Ch. 121, par. 3-106)
Sec. 3-106.

The Department shall take whatever steps may be necessary,
after such federal aid highways have been completed, to cause such highways
to be properly maintained in accordance with the requirements of the
Federal Aid Road Act.

(Source: Laws 1959, p. 196.)

(605 ILCS 5/3-107) (from Ch. 121, par. 3-107)
Sec. 3-107.

Whenever in the judgment of the Department it is necessary as an
incident to the construction of a project on the National System of
Interstate and Defense Highways, including extensions thereof within urban
areas, or any State highway constructed under the provisions of Section 2
of the "Transportation Bond Act", approved July 2, 1971, as now or
hereafter amended, to relocate utility facilities, wherever located and
whenever constructed, the cost of such relocation may be deemed to be one
of the costs of constructing such project and the Department may, on behalf
of the State, pay such costs. For the purposes of this Section, the term
"utility" includes publicly, municipally, privately, and cooperatively
owned utilities; the term "cost of such relocation" includes the entire
amount paid by such utility properly attributable to such relocation after
deducting therefrom any increase in the value of the new facility and any
salvage value derived from the old facility; and the term "National System
of Interstate and Defense Highways" includes any highway which now is or
shall hereafter be a part of the National System of Interstate and Defense
Highways, as provided in the Federal Aid Highway Act of 1956, and any acts
supplemental thereto or amendatory thereof.

(Source: P.A. 77-2752.)

(605 ILCS 5/3-107.1) (from Ch. 121, par. 3-107.1)
Sec. 3-107.1.

The Department or any county is authorized to pay, as part of the cost
of construction of any project on a State highway or federal aid highway,
to any person displaced by the highway project (1) actual reasonable
expenses in moving himself, his family, business, farm operation, or other
personal property; (2) actual direct losses of tangible personal property
as a result of moving or discontinuing a business or farm operation but not
to exceed an amount equal to the reasonable expenses that would have been
required to relocate such property, as determined by the Department or any
county; (3) actual reasonable expenses in searching for a replacement
business or farm; and (4) actual reasonable expenses necessary to
reestablish a displaced farm, nonprofit organization, or small business at
its new site, but not to exceed $10,000.

(Source: P.A. 85-1407.)

(605 ILCS 5/3-107.1a) (from Ch. 121, par. 3-107.1a)
Sec. 3-107.1a.

In lieu of the payments authorized to be paid in Section
3-107.1 of this Code, the Department or any county may pay any person
displaced from a dwelling, who elects to accept such payment, an expense and dislocation
allowance, which shall be determined according to a schedule established by
the Department.

(Source: P.A. 85-1407.)

(605 ILCS 5/3-107.1b) (from Ch. 121, par. 3-107.1b)
Sec. 3-107.1b.

In lieu of the payments authorized to be paid in Section
3-107.1 of this Code, the Department or any county may pay any person who moves or
discontinues his business or farm operation, who elects to accept such
payment, a fixed relocation payment in an amount equal to the average
annual net earnings of the business or the farm operation, except that such
payment shall be not less than $1,000 nor more than $20,000.

(Source: P.A. 85-1407.)

(605 ILCS 5/3-107.1c) (from Ch. 121, par. 3-107.1c)
Sec. 3-107.1c.

In addition to the amounts authorized to be paid in
Sections 3-107.1, 3-107.1a, and 3-107.1b of this Code by the Department or
any county, the Department or any county may, as a part of the cost of
construction, make a
payment not to exceed $22,500 to any displaced person who
is displaced from a dwelling acquired for a State highway or federal aid
highway project actually owned and occupied by such displaced person for
not less than 180 days prior to the initiation of negotiations for the
acquisition of such property. Such payment shall include the following
elements:
(A) The amount, if any, which, when added to the acquisition cost of the
dwelling acquired equals the reasonable cost of a comparable replacement
dwelling determined in accordance with standards established by the
Department to be a decent, safe and sanitary dwelling adequate to
accommodate the displaced person, reasonably accessible to public services
and places of employment and available on the private market.
(B) The amount, if any, which will compensate such displaced person for
any increased interest costs which such person is required to pay for
financing the acquisition of any such comparable replacement dwelling. Such
amount shall be paid only if the dwelling acquired by the Department or any
county was encumbered by a bona fide mortgage which was a valid lien on
such dwelling for not less than 180 days prior to the
initiation of negotiations for the acquisition of such dwelling.
(C) Reasonable expenses incurred by such displaced person for evidence
of title, recording fees, and other closing costs incident to the purchase
of the replacement dwelling, but not including prepaid expenses.
The additional payment authorized by this Section, which shall not
exceed the sum of $22,500, shall be made only to such a displaced person
who purchases and occupies a replacement dwelling that meets the standards
established by the Department to be decent, safe and sanitary, not later
than the end of the one year period beginning on the date on which he
receives from the Department or any county final payment of all costs of
the acquired dwelling, or on the date on which he moves from the dwelling
acquired for the highway project, whichever is the later date.
Any displaced person not eligible to receive such payment, who is
displaced from any dwelling which dwelling was actually and lawfully
occupied by such displaced person for not less than 90 days prior to the
initiation of negotiations for acquisition of such dwelling, may be paid by
the Department or any county, either (1) an amount necessary to enable such
displaced person to lease or rent for a period not to exceed 42 months, a
decent, safe and sanitary dwelling of standards adequate to accommodate
such person in areas not generally less desirable in regard to public
utilities and public and commercial facilities and reasonably accessible to
his place of employment, but not to exceed the sum of $5,250, or (2) the
amount necessary to enable such person to make a down payment (including
incidental expenses described in part (C) of this Section) on the purchase
of a decent, safe and sanitary dwelling of standards adequate to
accommodate such person in areas not generally less desirable in regard to
public utilities and public and commercial facilities, but not to exceed
the amount payable under (1) of this paragraph except that in the case of
a homeowner who owned and occupied the displaced dwelling for at least 90
days, but not more than 180 days immediately prior to the initiating of
negotiations, the down payment cannot exceed the amount payable under
3-107.1c for the persons who owned and occupied the property for 180 days
prior to the initiation of negotiations.
If comparable replacement sale or rental housing is not available
within the limitations of this Section, the Department or any county may make
a payment in excess of the maximum payments authorized by this Section as
required to provide such replacement housing.

(Source: P.A. 85-1407.)

(605 ILCS 5/3-107.1d) (from Ch. 121, par. 3-107.1d)
Sec. 3-107.1d.

In addition to the amounts authorized to be paid in Sections 3-107.1,
3-107.1a, 3-107.1b, and 3-107.1c of this Code, the Department or any county
may reimburse the owner of real property acquired for a State highway or
federal aid highway project the reasonable and necessary expenses incurred
for (1) recording fees, transfer taxes, and similar expenses incidental to
conveying such real property; and (2) penalty costs for prepayment of any
pre-existing recorded mortgages entered into in good faith encumbering such
real property.

(Source: P.A. 77-1577.)

(605 ILCS 5/3-107.1e) (from Ch. 121, par. 3-107.1e)
Sec. 3-107.1e.

The Department is authorized to adopt rules and regulations as may be
determined necessary to implement any payments authorized by Sections
3-107.1 through 3-107.1d of this Code.

(Source: P.A. 76-623.)

(605 ILCS 5/3-107.1f) (from Ch. 121, par. 3-107.1f)
Sec. 3-107.1f.

Nothing contained in this amendatory Act creates in any proceedings
brought under the power of eminent domain any element of damages not in
existence as of the date of enactment of this amendatory Act.

(Source: P.A. 76-623.)

(605 ILCS 5/3-108) (from Ch. 121, par. 3-108)
Sec. 3-108.

Any highway constructed as a federal aid highway under the provisions of
the Federal Aid Road Act shall be a part of the State highway system
unless, under the provisions of Section 3-104 or 3-104.1 or similar
provisions of this Code, there is an agreement or provision made for its
maintenance by the county or municipality, in which case it shall be a part
of the county highway system or municipal street system.

(Source: P.A. 77-1409.)