093_SB0245eng

 
SB245 Engrossed                      LRB093 02567 DRH 02577 b

 1        AN ACT in relation to highways.

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

 4        Section 5.  The  Illinois  Highway  Code  is  amended  by
 5    changing Sections 6-201.14 and 9-127 as follows:

 6        (605 ILCS 5/6-201.14) (from Ch. 121, par. 6-201.14)
 7        Sec.  6-201.14.   Have  authority  to  build  curbs,  and
 8    sidewalks,   alleys,   and   bike   paths  in  unincorporated
 9    communities out of any funds belonging to the  road  district
10    in  which  such community is located, provided such curbs and
11    sidewalks are constructed as an integral part  of  a  highway
12    improvement project.
13    (Source: P.A. 81-663.)

14        (605 ILCS 5/9-127) (from Ch. 121, par. 9-127)
15        Sec.   9-127.  (a)  Except  as  provided  in  subsections
16    subsection (b) and (c) and in cases where the deed, or  other
17    instrument,   dedicating  a  highway  or  part  thereof,  has
18    expressly provided for a specific  devolution  of  the  title
19    thereto  upon  the  abandonment or vacation thereof, whenever
20    any highway or any part thereof is vacated under or by virtue
21    of any  Act  of  this  State  or  by  the  highway  authority
22    authorized  to  vacate  the  highway,  the  title to the land
23    included within the highway or part thereof so vacated, vests
24    in the then owners of the land abutting thereon, in the  same
25    proportions and to the same extent, as though the highway had
26    been  dedicated by a common law plat (as distinguished from a
27    statutory plat) and as though the fee of the highway had been
28    acquired by the owners as a part of the land abutting on  the
29    highway  except,  however, such vacation shall reserve to any
30    public utility with facilities located  in,  under,  over  or
 
SB245 Engrossed             -2-      LRB093 02567 DRH 02577 b
 1    upon  the  land an easement for the continued use, if any, by
 2    such public utility.
 3        (b)  When any highway authority determines  to  vacate  a
 4    highway  under its jurisdiction, or part thereof, established
 5    within a subdivision by a statutory plat, that authority  may
 6    vacate  such  highway  and  convey  the  highway  authority's
 7    interest  in  such  highway  to any bona fide organization of
 8    property owners of the subdivision which (1) is so  organized
 9    as  to be able to receive, hold and convey real property, (2)
10    has petitioned the highway authority for the vacation of  the
11    highway,  and  (3) undertakes to develop the property for the
12    use and benefit of the public. If  the  association  abandons
13    the property, it passes as provided in subsection (a).
14        (c)  When  any  highway  authority determines to vacate a
15    highway  or  part  of  a  highway  under   its   jurisdiction
16    established  within  a  subdivision by a statutory plat, that
17    authority may vacate  the  highway  and  convey  the  highway
18    authority's  interest  in  the  highway  to any township road
19    district which (1) has petitioned the highway  authority  for
20    the vacation of the highway and (2) undertakes to develop the
21    property  as  a bike path or alley for the use and benefit of
22    the public.  If the  property  is  subsequently  incorporated
23    within   a  municipality,  the  township  road  district  may
24    transfer its interest to the municipality.  If  the  township
25    road  district  or  municipality  abandons  the  property, it
26    passes as provided in subsection (a).
27    (Source: P.A. 86-402.)

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