Displaced Person Relocation Act.

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(310 ILCS 40/0.01) (from Ch. 67 1/2, par. 107)

Sec. 0.01. Short title. This Act may be cited as the Displaced Person Relocation Act.

(Source: P.A. 86-1324.)

 

(310 ILCS 40/1) (from Ch. 67 1/2, par. 107.1)

Sec. 1. "State agency" means any department, agency or instrumentality of the State of Illinois or unit of local government or school district, or any department, agency or instrumentality of the State of Illinois and one or more other states or two or more units of local government or school districts of the State of Illinois and one or more other states, or any person who has the authority to acquire property by eminent domain under State law.

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

 

(310 ILCS 40/1a) (from Ch. 67 1/2, par. 107.1a)

Sec. 1a. "Displaced person" shall have the same meaning as provided in Section 101 of the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.

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

 

(310 ILCS 40/2) (from Ch. 67 1/2, par. 107.2)

Sec. 2. When Federal funds are available for payment of direct financial assistance to persons displaced by acquisition of real property by a State agency, the displacing agency may match such Federal funds to the extent provided by Federal law and may provide such direct financial assistance in the instances and on the conditions set forth by Federal law and regulations.

(Source: P.A. 77-1571.)

 

(310 ILCS 40/2a) (from Ch. 67 1/2, par. 107.2a)

Sec. 2a. When Federal funds are available for payment of the items specified in this Section, the displacing agency may match such Federal funds to the extent provided by Federal law and may make such payments in the instances and on the conditions set forth by Federal law and regulations.

When such Federal funds are available and as soon as practicable after the date of payment of the purchase price or the date of deposit in court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is the earlier, the State agency shall reimburse the owner, to the extent the head of such agency deems fair and reasonable, for expenses he necessarily incurred for--

  • (1) recording fees, transfer taxes and similar expenses incidental to conveying such real property to the State agency;
  • (2) penalty costs for prepayment of any pre-existing recorded mortgage entered into in good faith encumbering such real property; and
  • (3) the pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the State agency, or the effective date of possession of such real property by the State agency, whichever is the earlier.

(Source: P.A. 77-1977.)

 

(310 ILCS 40/3) (from Ch. 67 1/2, par. 107.3)

Sec. 3. When Federal funds are not available or used for payment of direct financial assistance to persons displaced by the acquisition of real property by the State agency, the displacing agency may provide direct financial assistance to such persons. Financial assistance authorized by this Section shall not exceed the total amount that would have been payable under Section 2 of this Act if Federal funds had been available or used.

(Source: P.A. 77-1571.)

 

(310 ILCS 40/4) (from Ch. 67 1/2, par. 107.4)

Sec. 4. (a) The State agency shall adopt such rules and regulations as may be necessary to assure:

  • (1) that the payments and assistance authorized by this Act shall be administered in a manner which is fair and reasonable, and as uniform as practicable;
  • (2) that a displaced person who makes proper application for a payment authorized for such person by this Act shall be paid promptly after a move or, in hardship cases, be paid in advance; and
  • (3) that any person aggrieved by a determination as to eligibility for a payment authorized by this Act, or the amount of a payment, may have his application reviewed by the State agency.

(b) The State agency may prescribe such other regulations and procedures, consistent with the provisions of this Act, as is deemed necessary or appropriate to carry out the provisions of this Act.

(Source: P.A. 77-1571.)

 

(310 ILCS 40/5) (from Ch. 67 1/2, par. 107.5)

Sec. 5. The provisions of the Administrative Review Law and the rules adopted pursuant thereto, shall apply to and govern all proceedings for the judicial review of the final administrative decision of the State agency hereunder. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.

(Source: P.A. 82-783.)


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