(605 ILCS 5/6-325) (from Ch. 121, par. 6-325)
Sec. 6-325.
In counties having less than 3,000,000 inhabitants, roads or
streets in platted subdivisions and dedicated to public use shall be
included in and incorporated into the township or district road system
without any hearing or petition therefor required by the preceding Sections
of this Division, when and if such roads or streets conform to the rules,
specifications and regulations regarding location, width, grades, surface
and drainage structures prepared by the county superintendent of highways
and adopted by the county board. The highway
commissioner shall determine when such dedicated roads and streets so
conform and shall thereupon make an order to incorporate them into the
township or district road system and file one copy of such order in the
office of the district clerk and one copy with the county superintendent of
highways. If the highway commissioner refuses or fails to make such an
order, any 3 interested persons may appeal to the county superintendent of
highways to determine if such roads and streets so conform, and if his
finding is favorable, he shall make an order to incorporate them into the
township or district road system and shall file such order in the office of
the district clerk.
The county board may adopt alternate and less stringent rules,
specifications, and regulations prepared by the
county superintendent of highways for roads and streets that were initially
platted in subdivisions before
January 1, 1959, but not constructed, and these alternate rules,
specifications, and regulations shall be applicable
in determining if these roads and streets conform under this Section for
inclusion into the township or district
road system.
The county board, by an affirmative vote of at least
three-fifths of all members of the county board, may adopt alternate and
less stringent rules, specifications and regulations prepared by the County
Superintendent of Highways for roads and streets that were initially
constructed in platted subdivisions prior to January 1, 1959, and such
alternate rules, specifications and regulations shall be applicable in
determining if such roads and streets comply under this Section if the
highway commissioner first determines that such roads and streets should be
included in or incorporated into the township or district road system.
Roads and streets which have been laid out and dedicated to public use
but which are not in platted subdivisions or which are in a platted
subdivision but do not conform to the rules, specifications and regulations
as required by the preceding paragraph of this Section or are in a county
which has not established such rules, specifications and regulations may be
included in and incorporated into the township or district road system in
the manner hereinafter specified in this Section. The proceedings for that
purpose shall be in accordance with the provisions of Sections 6-303 and
6-305 of this Code with reference to laying out new roads, except as
hereinafter provided in this Section. The petition shall pray that the
roads or streets be incorporated into the township or district road system.
The provisions of Section 6-305 of this Code relative to notice and
hearing are applicable to the proceedings except the notice shall state the
time when the commissioner will examine the roads or streets and hear
reasons for or against incorporating them into the township or district
road system and the notice shall be posted in the vicinity of the road or
street described in the petition. The provisions of Section 6-305 relative
to the decision are applicable if the prayer of the petition is refused,
but if the commissioner grants the prayer of the petition, he shall so
publicly announce and shall make an order to incorporate the roads or
streets into the township or district road system and shall, within 5 days
thereafter, file one copy of such order in the office of the district clerk
and one copy with the county superintendent of highways.
In case the highway commissioner denies the prayer of the petition, any
3 of the petitioners may appeal to the county superintendent of highways by
filing a notice of appeal with the district clerk within 10 days from the
date of the decision appealed from, and in case the highway commissioner
grants the prayer of the petition any 3 land owners in the district may
appeal in like manner. In case of appeal the clerk shall transmit the
original petition to the county superintendent of highways, also the notice
of appeal. Upon receipt of the same the county superintendent of highways
shall fix a time and place for a public hearing thereon, giving notice
thereof and after the hearing shall render his decision thereon and record
and file the same in the manner hereinbefore provided in the case of the
hearing upon such petition by the highway commissioner of the district.
If no appeal is taken within 10 days from a decision allowing the prayer
of the petition the roads or streets described in the petition shall be
deemed to be incorporated into the township or district road system.
If an appeal is taken from the decision of the highway commissioner and
the county superintendent of highways allows the prayer of the petition the
roads or streets described in the petition shall be deemed to be
incorporated into the township or district road system, upon his decision
being filed with the clerk of the district.
In counties having more than 3,000,000 inhabitants, roads or streets in
platted subdivisions and dedicated to public use and roads or streets which
have been laid out and dedicated to public use may be included in and
incorporated into the township or district road system in the manner
specified in this Section, if such roads or streets conform to the rules,
specifications and regulations regarding location, width, grades, surface
and drainage structures established by the highway commissioner, the county
superintendent of highways and the county plan commission, if any.
The proceedings for that purpose shall be in accordance with the
provisions of Sections 6-303, 6-304 and 6-305 of this Code with
reference to laying out new roads, except as provided in this Section. The
petition shall pray that the streets or roads be incorporated into the
township or district road system, and if the petition is allowed the
decision shall order that the streets or roads be incorporated into the
township or district road system. The provisions of Sections 6-306 and 6-307 of
this Code are not applicable to the proceedings. The provisions of
Section 6-305 of this Code relative to notice and hearing are applicable
to the proceedings except the notice shall state the time when the
commissioner will examine the streets or roads and hear reasons for or
against incorporating them into the township or district road system and
the notice shall be posted in the vicinity of the street or road described
in the petition. The provisions of Section 6-305 relative to the decision
are applicable if the prayer of the petition is refused, but not applicable
if granted and in such case the provisions of this Section govern.
In case the highway commissioner denies the prayer of the petition any 3
of the petitioners may appeal to the county superintendent of highways by
filing a notice of appeal with the district clerk within 10 days from the
date of the decision appealed from, and in case the highway commissioner
grants the prayer of the petition any 3 land owners in the district may
appeal in like manner.
In case of appeal the clerk shall transmit the original petition to the
county superintendent of highways, also the notice of appeal.
Upon receipt of the same the county superintendent of highways shall fix
a time and place for a public hearing thereon, giving notice thereof and
after the hearing shall render his decision allowing or denying the prayer
of the petition and endorse the same on the petition and file the same with
the district clerk, within 5 days.
Any notice of appeal under the foregoing provisions shall be filed with
the clerk within 10 days after the decision of the highway commissioner.
If no appeal is taken from a decision allowing the prayer of the
petition the streets or roads described in the petition shall be deemed to
be incorporated into the township or district road system.
If an appeal is taken from the decision of the highway commissioner and
the county superintendent of highways allows the prayer of the petition the
streets or roads described in the petition shall be deemed to be
incorporated into the township or district road system, upon his decision
being filed with the clerk of the district.
The 7 preceding paragraphs of this Section shall apply only in counties
having more than 3,000,000 inhabitants.
(Source: P.A. 91-775, eff. 6-9-00.)
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