On 22 August 2001, Governor Ryan signed into law Public Act 92-0470, which provides for added leverage in getting utilities to move their facilites in advance of public highway projects. Read the new law. Slow or untimely utility relocations cost road and bridge contractors millions of dollars every year in lost productivity, as contractors must wait for the utilities to get out of the way, upsetting their carefully crafted schedules and construction sequences. The problems are compounded, as the contractors seek additional time or funds from the public owner to recover their losses, triggering further claims and construction litigation.

- County highway authorities, in addition to State highway authorities, may develop rules to govern utility relocations on their rights of way. In addition, each highway authority must develop a coordination council on or before 1 January 2002, to avail themselves of the full advantages of this new utility relocation Act, listed below. The coordination councils, comprised of people from the highway authority and the various utilities, are meant to facilitate the utility relocation process, by improving communications and coordination between the utilities and the highway authorities. Participation in these coordination councils may be made a condition of permits granted to parties to place their facilities on the public right-of-way.

- Upon written notice from the State or county highway authority, any ditches, drains, track, rails, poles, wires, pipe lines, or other equipment on the State or county right-of-way must be moved by its respective owner within 90 days, if deemed necessary by the highway authority for highway or highway safety purposes.

- If the above items are not removed, relocated, or modified, to the reasonable satisfaction of the highway authority, the respective State or county highway authority may do the removal, relocation, or modification, and bill the owner of the affected items. Substantial flexibility is given the highway authority in setting payment terms.

- The owner of the items to be moved may, within the 90-day timeframe, request a waiver of the 90-day requirement from the State Highway District Engineer or the County Engineer. The waiver requests must be decided upon within ten days, and a written finding must be made if a waiver is granted. Waivers may be granted due to ask of God, work, the scope of the project, failure of the state to follow the proper notice procedure, and any other cause beyond the reasonable control of the party owning the items to be moved. The statute requires that “waiver must not be unreasonably withheld”.

If the ditches, drains, track, rails, poles, wires, pipe lines, or other equipment are not removed, relocated, or modified within ninety days after written notice by the highway authority, no waiver has been requested or issued, and no satisfactory arrangements have been made with the highway authority, the state or county highway authority, or the general contractor, may file suit in the Circuit Court, for an emergency order to compel the owner of the offending items to remove, relocate, or modify them.

The information contained in this guide is meant only to convey general information, and is not intended to serve as legal advice or counsel, nor is it meant to create an attorney-client relationship. The information presented here is subject to change or modification that any time without notice, and may not apply to the specific facts of your case. Accordingly, you should check with a with an attorney before acting on this information, to make sure that it applies to your situation.