HB3622 EngrossedLRB099 10501 MGM 30728 b


  
1    AN ACT concerning State government.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Department of Natural Resources 
5(Conservation) Law of the
Civil Administrative Code of Illinois 
6is amended  by adding Section 805-565 as follows:
 
7    (20 ILCS 805/805-565 new)
8    Sec. 805-565. Road vacation. 
9    (a) Whenever the Department of Natural Resources 
10determines that the public use or public interest will be 
11served by vacating any plat of subdivision, street, roadway, or 
12driveway, or part thereof, located within Department owned 
13lands, it may vacate that plat of subdivision, street, roadway, 
14or driveway, or part thereof, by approval of the Governor.
15    (b) The determination of the Department that the nature and 
16extent of the public use or public interest to be served 
17warrants the vacation of any plat of subdivision, street, 
18roadway, or driveway, or part thereof, is conclusive, and the 
19approval of the vacation is sufficient evidence of that 
20determination, whether so recited in the vacation or not. The 
21relief to the public from further burden and responsibility of 
22maintaining any plat of subdivision, street, roadway, or 
23driveway, or part thereof, constitutes a public use or public 
 
 
HB3622 Engrossed- 2 -LRB099 10501 MGM 30728 b

1interest authorizing the vacation. 
2    (c) Nothing contained in this Section shall be construed to 
3authorize the Department to vacate any plat of subdivision, 
4street, roadway, or driveway, or part thereof, that is part of 
5any currently maintained and used State or county highway 
6without obtaining the approval of the Department of 
7Transportation (in the case of a State highway) or the 
8appropriate county highway department (in the case of a county 
9highway). 
10    (d) Title to the land in fee simple included within the 
11plat of subdivision, street, roadway, or driveway, or part 
12thereof, so vacated vests in the Department except: 
13        (1) in cases in which the deed, or other instrument 
14    dedicating a plat of subdivision, street, roadway, or 
15    driveway, or part thereof, has expressly provided for a 
16    specific devolution of the title thereto upon the 
17    abandonment or vacation thereof; or 
18        (2) where the street, roadway, or driveway, or part 
19    thereof, is held by the Department by lease, or when the 
20    Department holds an easement in the land included within 
21    the plat of subdivision, street, roadway, or driveway.