(605 ILCS 5/6-303) (from Ch. 121, par. 6-303)
Sec. 6-303.
Existing township and district roads may be widened, altered or
vacated, and new township and district roads may be laid out in the
manner provided in this Division of this Code. Any number of voters not
less than 5% of the legal voters, or 12 legal voters, whichever is less,
residing in any road district may file a petition with the highway
commissioner of such district, praying for the laying out, widening,
altering or vacation of such roads.
Notwithstanding the preceding sentence, in counties with a population
between 125,000 and 130,000, a petition for laying out,
widening, altering, or vacating roads in a subdivision established under a
county subdivision ordinance, where the final plat of the subdivision was
approved by the county board, shall be filed with the county board unless
the plat was filed with the county recorder at least 15 years before the
petition is filed.
However, where the laying out, widening, altering or vacating of a
township or district road is required by the construction, operation, or
maintenance of a State highway, the Department, in lieu of a petition
may file a certificate, signed by the Secretary of the Department, or his
duly authorized agent, setting forth the necessity for the laying out,
widening, altering or vacating of such roads. The procedure upon the
filing of such certificate shall be the same as, and conform to, the
procedure followed upon the filing of a petition. Such petition or
certificate shall set forth a description of the road and what part is
to be widened, altered or vacated, and if for a new road the names of
the owners of lands, if known, and if not known it shall so state, over
which the road is to pass, the points at or near which it is to
terminate. When the general course of relocated roads shall render the
same practicable, such relocated roads shall be laid out on section
lines, or regular divisional lines subdividing a section or sections.
The highway commissioner, in lieu of a petition, may file a
certificate with district clerk and county clerk to vacate roads. The
procedure upon filing of such certificate shall be the same as, and
conform to, the procedure followed upon the filing of a petition.
(Source: P.A. 87-1121.)
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