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

Information current as of 2021
In Illinois, a developer may need to obtain a Public Utility Easement to access state land. 30 Ill. Comp. Stat. §§ 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 | 30 Ill. Comp. Stat. §§ 605 et seq., and Ill. Admin. Code tit. 44 §§ 5010 et seq.. State owned property includes state owned real estate. 30 Ill. Comp. Stat. §§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 Ill. Comp. Stat. §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 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 CMS will review the request.

3-IL-b.4 to 3-IL-b.5 – Does CMS Approve the Public Utility Easement Request?

CMS 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). CMS 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 CMS 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.

30 Ill. Comp. Stat.. §605/7.2 (B).

3-IL-b.6 – Appeal Decision (Optional)

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 II. Comp. Stat. §§ 5/3-101 et seq..

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Contact Information

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