93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2442


 
Introduced 2/3/2004, by James F. Clayborne Jr.
 
SYNOPSIS AS INTRODUCED:
 		














65 ILCS 5/11-91-1
  from Ch. 24, par. 11-91-1







    Amends the Illinois Municipal Code. Provides that an ordinance to vacate a street or alley shall (now, may) reserve to a municipality or to a public utility owning any public facilities on the parcel to be vacated, any property, rights of way, and easements that the corporate authorities of the municipality judge to be necessary or desirable for continuing public service and for the maintenance, renewal, and reconstruction of those public facilities. Effective immediately.



















LRB093 18124 MKM 43816 b




















 


 


A BILL FOR









 














SB2442

LRB093 18124 MKM 43816 b









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    AN ACT concerning municipalities.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Illinois Municipal Code is amended  by 
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changing Section 11-91-1 as follows:
 



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    (65 ILCS 5/11-91-1)  (from Ch. 24, par. 11-91-1)



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    Sec. 11-91-1. Whenever the corporate authorities of any 
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municipality,
whether
incorporated by special act or under any 
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general law, determine that the public
interest will be 
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subserved by vacating any street or alley, or part thereof,

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within their jurisdiction in any incorporated area, they may 
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vacate that street
or alley, or part thereof, by an ordinance.  
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The ordinance shall provide the
legal description or permanent 
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index number of the particular parcel or parcels
of property 
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acquiring title to the vacated property.  But this ordinance

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shall be passed
by the affirmative vote of at least 
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three-fourths of the aldermen, trustees or
commissioners then 
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holding office.  This vote shall be taken by ayes and noes
and 
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entered on the records of the corporate authorities.

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    No ordinance shall be passed vacating any street or alley 
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under a
municipality's jurisdiction and within an 
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unincorporated area without notice
thereof and a hearing 
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thereon.  At least 15 days prior to such a hearing,
notice of 
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its time, place and subject matter shall be published in a 
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newspaper
of general circulation within the unincorporated 
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area which the street or alley
proposed for vacation serves.  At 
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the hearing all interested persons shall be
heard concerning 
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the proposal for vacation.

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    The ordinance may provide that it shall not become 
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effective until the owners
of all property or the owner or 
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owners of a particular parcel or parcels
of property abutting 
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upon the street or alley, or part thereof so vacated,
shall pay 
 


 









SB2442
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LRB093 18124 MKM 43816 b







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compensation in an amount which, in the judgment of the 
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corporate
authorities, shall be the fair market value of the 
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property acquired or of
the benefits which will accrue to them 
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by reason of that
vacation, and if there are any public service 
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facilities in such street or
alley, or part thereof, the 
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ordinance shall
may also reserve to the municipality or
to the 
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public utility, as the case may be, owning such facilities, 
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such
property, rights of way and easements as, in the judgment 
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of the corporate
authorities, are necessary or desirable for 
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continuing public service by means
of those facilities and for 
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the maintenance, renewal and reconstruction
thereof.  If the 
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ordinance provides that only the owner or owners of one

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particular parcel of abutting property shall make payment, then 
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the owner or
owners of the particular parcel shall acquire 
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title to the entire vacated
street or alley, or the part 
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thereof vacated.

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    The determination of the corporate authorities that the 
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nature and extent of
the public use or public interest to be 
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subserved in such as to warrant the
vacation of any street or 
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alley, or part thereof, is conclusive, and the
passage
of such 
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an ordinance is sufficient evidence of that determination, 
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whether so
recited in the ordinance or not.  The relief to the 
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public from further burden
and responsibility of maintaining 
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any street or alley, or part thereof,
constitutes a public use 
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or public interest authorizing the vacation.

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    When property is damaged by the vacation or closing of any 
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street or alley,
the
damage shall be ascertained and paid as 
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provided by law.

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(Source: P.A. 93-383, eff. 7-25-03.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.