620 ILCS 5/47
Operation without certificate of approval unlawful; applications
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(620 ILCS 5/47)
(from Ch. 15 1/2, par. 22.47)
Sec. 47. Operation without certificate of approval unlawful;
applications. An application for a certificate of approval of an
airport or restricted landing area, or the alteration or extension
thereof, shall set forth, among other things, the location of all
railways, mains, pipes, conduits, wires, cables, poles and other
facilities and structures of public service corporations or municipal or
quasi-municipal corporations, located within the area proposed to be
acquired or restricted, and the names of persons owning the same, to the
extent that such information can be reasonably ascertained by the
applicant.
It shall be unlawful for any municipality or other political
subdivision, or officer or employee thereof, or for any person, to make
any alteration or extension of an existing airport or restricted landing
area, or to use or operate any airport or restricted landing area, for
which a certificate of approval has not been issued by the Department;
provided, that no certificate of approval shall be required for an
airport or restricted landing area which was in existence and approved
by the Illinois Aeronautics Commission, whether or not being operated,
on or before July 1, 1945, or for the O'Hare Modernization Program as defined
in Section 10
of the O'Hare
Modernization Act; except that a certificate of approval shall be required
under this Section
for construction of a new runway at O'Hare International Airport with a
geographical orientation that varies from a geographical east-west orientation
by more than 10 degrees, or for construction of a new runway at that airport
that would result in more than 10 runways being available for aircraft
operations at that airport.
The Department shall supervise, monitor, and enforce
compliance with the
O'Hare Modernization Act by all other departments, agencies, and units of State
and local
government.
Provisions of this Section do not apply to special purpose aircraft
designated as such by the Department when
operating to or
from uncertificated areas other than their principal base of operations,
provided mutually acceptable arrangements are made with the property
owner, and provided the owner or operator of the aircraft assumes
liabilities which may arise out of such operations.
(Source: P.A. 99-202, eff. 1-1-16; 100-863, eff. 8-14-18.)
Notes of Decisions
Cited in 13
cases, 1997–2007 · leading case: St. John's United Church of Christ v. City of Chicago
St. John's United Church of Christ v. City of Chicago (2007)
“The Municipal Plaintiffs responded by filing suit in state court seeking both a declaration that any effort to acquire the desired property without first obtaining a "certificate of approval" from the Illinois Department of Transportation was beyond the City's authority under…”
Philip v. Daley (2003)
“The central issue involved in this appeal is whether section 47 of the Illinois Aeronautics Act (Aeronautics Act) (620 ILCS 5/47 (West 2000)) requires a party seeking to acquire land for airport development to obtain a “certificate of approval” prior to proceeding.”
People Ex Rel. Birkett v. City of Chicago (2002)
“BACKGROUND Section 47 of the Act (620 ILCS 5/47 (West 2000)) prohibits a municipality from making “any alteration or extension of an existing airport *** for which a certificate of approval has not been issued by the [Illinois Department of Transportation (IDOT)].”
People Ex Rel. Birkett v. City of Chicago (1998)
“Plaintiffs charged that the City had completed extensive construction to O'Hare, without obtaining a certificate of approval from the Illinois Department of Transportation (IDOT) as required under the Illinois Aeronautics Act (Act) (620 ILCS 5/47 (West 1994)). In addition, the…”
People Ex Rel. Birkett v. City of Chicago (2002)
“” 620 ILCS 5/47 (West 1998). After considering the statute as a whole and IDOT regulation 14.”
People Ex Rel. Birkett v. City of Chicago (1997)
“In their amended complaint, plaintiffs asserted that the City had constructed and planned to build several hundred million dollars of construction projects at O’Hare without obtaining a certificate of approval from the Illinois Department of Transportation as required under…”
Illinois Department of Transportation v. Hinson (1997)
“These include the power to close an airport if it is unsafe, 620 ILCS 5/49, the power to refuse a certificate authorizing an airport to expand, 620 ILCS 5/47, a responsibility (not further explained) to assist the FAA in developing a national plan for integrated airport systems,…”
Philip v. Daley (2003)
“T he central issue involved in this appeal is whether section 47 of the Illinois Aeronautics Act (Aeronautics Act) (620 ILCS 5/47 (West 2000)) requires a party seeking to acquire land for airport development to obtain a "certificate of approval" prior to proceeding.”
People v. City of Chicago (2002)
“BACKGROUND Section 47 of the Act (620 ILCS 5/47 (West 2000)) prohibits a municipality from making “any alteration or extension of an existing airport *** for which a certificate of approval has not been issued by the [Illinois Department of Transportation (IDOT)].”
Illinois Department Of Transportation v. David Hinson (1997)
“These include the power to close an airport if it is unsafe, 620 ILCS 5/49, the power to refuse a certificate authorizing an airport to expand, 620 ILCS 5/47, a responsibility (not further explained) to assist the FAA in developing a national plan for integrated airport systems,…”
St. John's United v. City of Chicago (2007)
“The Municipal Plaintiffs responded by filing suit in state court seeking both a declaration that any effort to acquire the desired property without first obtaining a “certificate of approval” from the Illinois Department of Transporta- tion was beyond the City’s authority under…”
People ex rel. Birkett v. City of Chicago (1998)
“Plaintiffs charged that the City had completed extensive construction to O'Hare, without obtaining a certificate of approval from the Illinois Department of Transportation (IDOT) as required under the Illinois Aeronautics Act (Act) (620 ILCS 5/47 (West 1994)). In addition, the…”
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