Full Text of SB1235 94th General Assembly
SB1235sam001 94TH GENERAL ASSEMBLY
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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 | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Highway Code is amended by | 5 |
| 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, | 9 |
| dedicating
a highway or part thereof, has expressly provided | 10 |
| for a specific devolution
of the title thereto upon the | 11 |
| abandonment or vacation thereof, whenever any
highway or any | 12 |
| part thereof is vacated under or by virtue of any Act of
this | 13 |
| State or by the highway authority authorized to vacate the | 14 |
| highway,
the title to the land included within the highway or | 15 |
| part thereof so
vacated, vests in the then owners of the land | 16 |
| abutting thereon, in the same
proportions and to the same | 17 |
| extent, as though the highway had been
dedicated by a common | 18 |
| law plat (as distinguished from a statutory plat) and
as though | 19 |
| the fee of the highway had been acquired by the owners as a | 20 |
| part
of the land abutting on the highway except, however, such | 21 |
| vacation shall
reserve to any public utility with facilities | 22 |
| located in, under, over or upon
the land an easement for the | 23 |
| 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 | 2 |
| within a subdivision by a
statutory plat, that authority may | 3 |
| vacate such highway and convey the
highway authority's interest | 4 |
| in such highway to any bona fide organization
of property | 5 |
| 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 | 7 |
| petitioned the
highway authority for the vacation of the | 8 |
| highway, and (3) undertakes to
develop the property for the use | 9 |
| and benefit of the public. If the
association abandons the | 10 |
| property, it passes as provided in subsection (a).
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| (c) When any highway authority determines to vacate a | 12 |
| highway or part of a
highway under
its jurisdiction established | 13 |
| within a subdivision by a
statutory plat, that authority may | 14 |
| vacate the highway and convey the
highway authority's interest | 15 |
| in the highway to any township road district which
(1) has | 16 |
| petitioned the highway authority for the vacation of the | 17 |
| highway and
(2) undertakes to develop the property as a bike | 18 |
| path or alley
for the use and benefit of the public. If the | 19 |
| property is subsequently
incorporated within a municipality, | 20 |
| the township road district may transfer its
interest to the | 21 |
| municipality. If the township road district or municipality
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| abandons the property, it passes as provided in subsection (a). | 23 |
| (d) When any highway authority determines to vacate a | 24 |
| highway or a part of a highway under its jurisdiction, the | 25 |
| authority may sell the vacated highway property to any third | 26 |
| party at fair market value if (1) the authority has either a | 27 |
| fee simple interest in the vacated highway property or a | 28 |
| dedication of that property by statutory plat and (2) the right | 29 |
| of first refusal with regard to the vacated highway property | 30 |
| 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 | 33 |
| becoming law.".
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