Illinois State Land Right-of-Way (3-IL-b)
State Land Right-of-Way Process
3-IL-b.1 – Contact State Agency with Jurisdiction Over Land
The developer should contact the appropriate state agency with jurisdiction over the state land in question about obtaining a Public Utility Easement.
3-IL-b.2 – Submit Public Utility Easement Application
The developer must submit Public Utility Easement Application for approval to the Illinois Department of Central Management Services (“CMS”). 30 Ill. Comp. Stat. §605/7.2.
3-IL-b.3 – Review Public Utility Easement Request
After receiving a complete Public Utility Easement Request, the Administrator of CSM will review the request.
3-IL-b.4 to 3-IL-b.5 – Does CSM Approve the Public Utility Easement Request?
CSM may grant an easement in, over, or upon real state property for locating and maintain a public utility, with consent of the agency having jurisdiction over the real property. 30 Ill. Comp. Stat. §605/7.2(A). CSM may grant the easement with or without conditions as necessary to protect the interests of the State. 30 Ill. Comp. Stat. §605/7.2(A). If CSM grants the easement, the “…easement must provide for termination upon:
- A failure to comply with any term or condition of the grant; or
- A nonuse of the easement for a consecutive two (2) year period for the purpose granted; or
- An abandonment of the easement.
3-IL-b.6 – Appeal Decision (If Applicable)
If the developer is denied the permit from the agency, a party may file a complaint of the final administrative within 35 days from the date that a copy of the decision was served upon the party affected by the decision. 735 I.LC.S. §§ 5/3-101 et seq..
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Illinois Department of Central Management Services
Central Management Services Property Management-Transaction & Property (217) 782-5641