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Requesting Quick Take Powers for the Acquisition of Highway Right of Way for the Randall Road at Hopps Road Intersection Realignment and Railroad Grade Separation Improvement, Parcel Nos.: 0001, 0002, 0002TE, 0003, 0003TE, 0004A, 0004B, 0005PE, 0006, 0006TE, 0007, 0008, and 0009TE, Kane County Section No. 19-00511-00-CH
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WHEREAS, the County of Kane (hereinafter the “County”) is authorized by law, pursuant to the Illinois Compiled Statutes, 605 ILCS 5/5-801 (2004), to acquire real property for highway purposes by negotiated purchase or eminent domain proceedings; and
WHEREAS, the County has developed right of way plans for the Randall Road at Hopps Road Intersection Realignment and Railroad Grade Separation Improvement, Kane County Sec. No. 19-00511-00-CH (hereinafter the “Project”); and
WHEREAS, in order to obtain the necessary highway right of way to complete the Project, the County has engaged in negotiations with the owners of the parcels of property described as Parcel Nos.: 0001, 0002, 0002TE, 0003, 0003TE, 0004A, 0004B, 0005PE, 0006, 0006TE, 0007, 0008, and 0009TE (a copy of the legal descriptions thereof are on file in the office of the Kane County Clerk) which negotiations have not to date resulted in the acquisition of said right of way but remain ongoing; and
WHEREAS, the County desires to continue to maintain the Project schedule to ensure the obligation of allocated federal funds that have been previously awarded to the Project; and
WHEREAS, the “Quick Take” provision of the Illinois Eminent Domain Act (735 ILCS 30/25-5) allows the Illinois General Assembly to authorize various units of local government throughout the State of Illinois (including the County), to utilize an expedited judicial process for the acquisition of real property prior to a final judicial determination of just compensation therefor; and
WHEREAS, Quick Take authorization from the Illinois General Assembly would allow the County to expedite the acquisition of any remaining parcels necessary for the construction of the Randall Road at Hopps Road Intersection Realignment and Railroad Grade Separation Improvement and to advertise and let a contract for said construction in the spring of 2026; and
WHEREAS, the County intends to utilize any Quick Take authority granted by the Illinois General Assembly on an “as needed” basis, after exhausting all negotiations with each parcel owner, to ensure it meets any obligation deadlines for previously allocated federal funds for the completion of the Project; and
WHEREAS, the Illinois General Assembly, has enacted Illinois House Rule 41 which the County must comply with prior to being provided Quick Take authorization; and
WHEREAS, House Rule 41 of the Illinois General Assembly requires the following events to transpire prior to authorizing the County with Quick Take authority: (i) affected property owners are to be notified by certified mail of the County’s requested quick take authority in the acquisition of their respective property, (ii) notice of a hearing to discuss the County’s intention to acquire Quick Take authority must be published in a newspaper of general circulation in the County, (iii) a public hearing must be held regarding the County’s request for Quick Take authority and, (iv) the County must adopt, by recorded vote, a resolution authorizing the County’s request to acquire property using Quick Take and establishing a specified time for the exercise thereof and (v) said resolution and other information must be submitted by the County to the Illinois House Executive Committee.
NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the County of Kane is hereby authorized to seek approval of Quick Take powers legislation from the Illinois General Assembly, authorizing the County to acquire the following property: Parcel Nos.: 0001, 0002, 0002TE, 0003, 0003TE, 0004A, 0004B, 0005PE, 0006, 0006TE, 0007, 0008, and 0009TE by eminent domain using Quick Take powers authorized under the Eminent Domain Act for the period of time commencing September 1, 2025 until August 31, 2026.
BE IT FURTHER RESOLVED by the Kane County Board that any grant of Quick Take authorization by the Illinois General Assembly to the County shall be used only on “as needed basis”, after exhausting negotiations with each parcel owner, to ensure the obligation of federal funds and the successful and timely completion of the Project.
Passed by the Kane County Board on February 11, 2025.
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John A. Cunningham, MBA, JD, JD Corinne M. Pierog MA, MBA
Clerk, County Board Chairman, County Board
Kane County, Illinois Kane County, Illinois
Vote: