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is contractually responsible for the cost of relocating its
pipeline if it were found later to interfere with IDOT's
prospective use of that right-of-way.
Beginning prior to 1990, IDOT disclosed to petitioner and
other pipeline companies plans for improvements it intended to
make along Illinois Route 83, including pavement reconstruction
and the construction of certain retaining walls and noise
abatement walls. The proposed IDOT improvements along Route 83
at the relevant location conflicted with petitioner's and at
least three other pipeline companies' existing pipelines within
IDOT's right-of-way. By September 1990, it was determined that
petitioner and the other pipeline companies would be required to
relocate less than 1,000 feet of their respective pipelines in
order to comply with the existing IDOT permits and to avoid
interference with IDOT's proposed improvements at the relevant
location. (Hereinafter we refer to the pipeline relocation
project as the Route 83 relocation.)
Accordingly, petitioner and two other pipeline companies
jointly submitted a proposal to the Village of Hinsdale,
Illinois, and in March 1991 were granted a permit to relocate
their pipelines beneath Jackson Street, adjacent to Route 83.
Petitioner and the two other pipeline companies agreed to share
the cost of removing a portion of Jackson Street and then
restoring it after the pipelines were relocated. Each pipeline
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