Authorizing Acquisition of Real Property for Randall Road at Big Timber Road
Intersection Improvement, Kane County Section No. 19-00369-01-CH
F.
KC Executive Committee
RESULT:
TO:
MOVED FORWARD BY ROLL CALL VOTE
KC Executive Committee
Bill Roth
MOVER:
Bill Lenert
SECONDER:
Vern Tepe, Mo Iqbal, Chris Kious, Bill Lenert, and Bill Roth
Gary Daugherty
AYE:
NAY:
Dale Berman, Rick Williams, and Corinne M. Pierog
ABSENT:
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
G.
KDOT Dir. Schoedel introduced this resolution. He provided additional
information. He stated that KDOT staff recommends pursuing the Quick Take
legislation through the Illinois General Assembly to meet the September 30,
2026 deadline for the $25M Federal Infrastructure for Rebuilding America
(INFRA) Grant. He provided photographs depicting the Randall Road and Hopps
Road project's preferred alternative row acquisition and impacts. He listed the
project description and the items that will be addressed. He presented the
Right-of-Way Acquisition Exhibit. To complete this project, KDOT needs to
obtain property from nine different property owners. Schoedel stated that KDOT
will need to request Quick Take authority through the legislator. There are a
number of procedural steps that need to be taken before this can be done, such
as the Kane County Board passing a resolution requesting this authority.
Schoedel stated that KDOT usually has the authority of eminent domain or
condemnation, but does not utilize this option often. KDOT typically negotiates
with property owners to obtain land. Due to the tight time frame, KDOT needs to
request this Quick Take. Schoedel noted that KDOT does not normally have
Quick Take authority, but the State of Illinois does. The purpose of a Quick Take
court case is to notify the respective property owners' rights are preserved and
that they receive proper compensation for their property. In a normal eminent
domain case, KDOT would go through the entire condemnation and at the end
of the case, a final amount of just compensation would be set. The property
would not change hands until the court case has concluded, which would take
approximately 18 months. This time frame would be over the September 30,
2026 deadline and the County would lose out on the $25M grant. With a Quick
Take, the process is similar, but early on in the case, a preliminary just
compensation is determined, which allows the property to change hands much
earlier in the process. This will allow Kane County to move forward with the
project. This is a special form of eminent domain in order to protect the $25M