HB3622 EnrolledLRB099 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 Enrolled- 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.