Sen. Kirk W. Dillard
Filed: 3/7/2005
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 1235




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    AMENDMENT NO. ______. Amend Senate Bill 1235 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Illinois Highway Code is amended  by 
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changing Section 9-127 as follows:
 



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    (605 ILCS 5/9-127)  (from Ch. 121, par. 9-127)



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    Sec. 9-127. (a) Except as provided in subsections (b),
and

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(c), and (d),
and in cases
where the deed, or other instrument, 
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dedicating
a highway or part thereof, has expressly provided 
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for a specific devolution
of the title thereto upon the 
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abandonment or vacation thereof, whenever any
highway or any 
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part thereof is vacated under or by virtue of any Act of
this 
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State or by the highway authority authorized to vacate the 
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highway,
the title to the land included within the highway or 
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part thereof so
vacated, vests in the then owners of the land 
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abutting thereon, in the same
proportions and to the same 
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extent, as though the highway had been
dedicated by a common 
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law plat (as distinguished from a statutory plat) and
as though 
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the fee of the highway had been acquired by the owners as a 
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part
of the land abutting on the highway except, however, such 
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vacation shall
reserve to any public utility with facilities 
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located in, under, over or upon
the land an easement for the 
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continued use, if any, by such public utility.

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    (b) When any highway authority determines to vacate a 
 


 






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highway under
its jurisdiction, or part thereof, established 
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within a subdivision by a
statutory plat, that authority may 
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vacate such highway and convey the
highway authority's interest 
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in such highway to any bona fide organization
of property 
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owners of the subdivision which (1) is so organized as to be

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able to receive, hold and convey real property, (2) has 
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petitioned the
highway authority for the vacation of the 
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highway, and (3) undertakes to
develop the property for the use 
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and benefit of the public. If the
association abandons the 
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property, it passes as provided in subsection (a).

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    (c) When any highway authority determines to vacate a 
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highway or part of a
highway under
its jurisdiction established 
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within a subdivision by a
statutory plat, that authority may 
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vacate the highway and convey the
highway authority's interest 
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in the highway to any township road district which
(1) has 
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petitioned the highway authority for the vacation of the 
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highway and
(2) undertakes to develop the property as a bike 
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path or alley
for the use and benefit of the public.  If the 
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property is subsequently
incorporated within a municipality, 
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the township road district may transfer its
interest to the 
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municipality.  If the township road district or municipality

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abandons the property, it passes as provided in subsection (a).
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    (d) When any highway authority  determines to vacate a 
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highway or a part of a highway under its jurisdiction, the 
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authority may sell the vacated highway property to any third 
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party at fair market value if (1) the authority has either a 
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fee simple interest in the vacated highway property or a 
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dedication of that property by statutory plat and (2) the right 
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of first refusal with regard to the vacated highway property 
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has been granted to adjoining landowners for fair market value.


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(Source: P.A. 93-321, eff. 7-23-03.)


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