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Illinois State Land Right-of-Way (3-IL-b)

In Illinois, a developer may need to obtain a Public Utility Easement to access state land. Illinois – State Property Control Act (30 I.L.C.S. §§ 605 et seq.) The state land access process is a cooperative process between the Illinois agency with jurisdiction over the public land and the Illinois Department of Central Management Services (“CMS”). The Administrator of CMS has the authority to grant easements over state property to public utilities pursuant to Illinois – State Property Control Act (30 I.L.C.S. §§ 605 et seq.), and Illinois Regulations – 44 I.A.C. §§ 5010 et seq., Disposal of State Owned Property. State owned property includes state owned real estate. 30 I.L.C.S. §605/1.02. Illinois defines “public utility” to include “…any plant, equipment, or property used for or in connection with…the production, storage, transmission, role, delivery, or furnishing of heat, cold, light, power, electricity, or water…” 30 I.L.C.S. §605/7.2.

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 I.L.C.S. §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 I.L.C.S. §605/7.2(A). CSM may grant the easement with or without conditions as necessary to protect the interests of the State. 30 I.L.C.S. §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 2 year period for the purpose granted; or
  • An abandonment of the easement.

30 I.L.C.S. §605/7.2 (B).

3-IL-b.6 – Appeal Decision (If Applicable)

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Contact Information

Edit Illinois Department of Central Management Services
Central Management Services Property Management-Transaction & Property (217) 782-5641