A bill in Springfield would let broadband companies building with public grant money install fiber and other infrastructure along highway rights-of-way without getting permission from each landowner whose property sits inside the right-of-way — a change supporters say is needed to spend $1.04 billion in federal broadband money on time, and opponents say weakens property rights.
Senate Bill 3838, the Broadband Deployment Act, was filed Feb. 6 by Sen. Patrick Joyce, D-Kankakee, and passed the Senate Energy and Public Utilities Committee 10-4 on March 12. It has gone nowhere since: on April 17 it was sent back to the Senate Assignments Committee, where it remains. It could come up again when lawmakers return for veto session Nov. 17-19 and Dec. 1-3, but only if Senate leadership revives it.
What the bill would do
Under the bill, a broadband provider that has won state or federal grant money to expand service could install, maintain and use broadband infrastructure along a highway right-of-way — but only after getting "the proper agreement or permit" from whoever controls that right-of-way, and in compliance with the Illinois Highway Code. A landowner whose property lies inside the right-of-way could not forbid the provider from entering or building there.
That last point is where the dispute lives. In much of rural Illinois, the authority that built a road obtained only an easement for road use, not full ownership of the land beneath it — so the ground inside a road right-of-way is often still private farmland. The bill would let a grant recipient build there over the owner's objection, with notice and a compensation process instead of a negotiated easement.
What landowners would get
The bill sets out a process. The provider must notify the owner in writing — by certified mail, a designated delivery service or personal service — at least 14 days and no more than 60 days before entering the property. The notice must include the anticipated installation date and how long the work will take, detailed construction plans showing where facilities would go, and information on how to demand compensation. The provider must indemnify the owner for any physical damage caused by the work, and the owner is shielded from liability if normal farming damages the installed infrastructure.
If an owner believes the work diminishes the property's value, the owner has 45 days after the anticipated installation date in the notice to demand just compensation in writing. If no timely demand is made, the owner is conclusively presumed not to claim compensation. And a compensation demand, claim or lawsuit would not delay or stop the construction.
The bill's provisions would expire Jan. 1, 2030, around when states are expected to finish BEAD-funded buildouts.
Who is for it, and who is against it
The Illinois Department of Commerce and Economic Opportunity, which houses the state broadband office, supports the bill and worked on it with Joyce. More than 100 proponents signed on, including a representative for 12 internet service providers who spoke in favor at the committee hearing.
Opponents include the Illinois Farm Bureau, the Illinois Railroad Association, and the Illinois Broadband & Cable Association.
Bill Bodine, the Farm Bureau's director of business and regulatory affairs, described the measure as a form of "quick take" eminent domain, telling StateScoop it would let installers notify a landowner and build without first negotiating an easement, while limiting the compensation the owner could receive. He cited reported problems from past installations, including damage to underground drainage tiles that can back water up into fields and cut yields, difficulty getting repairs done, and overhead lines hung too low for farm equipment to pass under.
"Though the Farm Bureau supports broadband expansion and BEAD funding, the bill as written is a 'step too far,'" Bodine said. "We've been supportive of BEAD, and in fact, are excited about the investments that will be made in the state of Illinois. Our members have long sought improved broadband services in rural areas. What we would like to see is that as BEAD is rolled out, it's done in a fashion that respects the property rights of our members."
Chris Davis, the Farm Bureau's director of state legislation, put it more bluntly: "Broadband is critical to the educational needs of our residents. It is important to effectively manage our farms, access effective communication and lifestyle tools, and there's more of a need for effective health care via broadband. However, we will not sacrifice our property rights for this purpose."
Why supporters say it can't wait
Illinois was allocated about $1.04 billion in federal Broadband Equity, Access, and Deployment (BEAD) money. Federal regulators approved the state's $831 million deployment plan on Aug. 25 — Illinois was the last state to win approval — and the state is now in a six-month window to negotiate and sign grant contracts with providers. Supporters argue that negotiating a separate easement with every landowner along a route would slow construction and raise costs, and that delays could put the federal money at risk.
Why it matters in Henry County
Henry County has been a showcase for rural broadband. In June 2020, Geneseo Communications announced a $13.6 million fiber expansion — a $5 million Connect Illinois state grant plus $8.6 million from the company — to bring fiber to nearly 4,000 homes, farms, businesses and community institutions in parts of Henry and Rock Island counties. Geneseo Communications, Cambridge Telcom, and Henry County Telephone later built 100% fiber-to-the-premises networks in Atkinson, Annawan, Cambridge, Cleveland, and the Wolf Road corridor, with support from the Henry County Board.
Because the bill applies to providers building with grant money, it could shape how future grant-funded projects are built here — including BEAD-funded work. No Henry County broadband project has been identified as delayed by a property dispute.
What happens next
Lawmakers return to Springfield for veto session Nov. 17-19 and again Dec. 1-3. For SB 3838 to advance, it would first have to be reassigned out of the Assignments Committee and pass committee again — the committee vote in March came with the understanding that an amendment addressing the concerns would follow before any further vote.
Sources: Illinois General Assembly bill status and text for SB 3838 (104th General Assembly); StateScoop, Nov. 10, 2026; Illinois Department of Commerce and Economic Opportunity; Geneseo Communications.