(605 ILCS 5/8-106) (from Ch. 121, par. 8-106)
Sec. 8-106.
When as a result of an engineering and traffic study it is
determined that it is necessary to traffic safety and convenience, the
Department, or county board of any county may:
(a) Relocate the crossing or junction at grade of the freeway with any
existing highway, road, street, alley or other public way or eliminate such
crossing or junction at grade by carrying such public way over or under the
freeway or by connecting it to a local service drive and may relocate or
alter any such intersecting public ways in such manner as is necessary
thereto. The Department, or county board, shall have the right to acquire
by purchase or condemnation, in the manner the Department or county board
now is, or hereafter may be authorized by law, all property and property
rights necessary for such relocations and grade separations. The
Department, and the county board is authorized to maintain, or to enter
into maintenance agreements with the agencies having jurisdiction over the
public ways prior to said relocation, for the public ways so relocated; or
(b) Eliminate the crossing or junction at grade of the freeway with any
existing highway, road, street, alley or other public way by closing such
public way at its intersection with the boundary of the freeway subject to
the following conditions:
(1) Where the freeway is not a part of the National System of Interstate
and Defense Highways or is not a highway where the authority to control
access has been exercised to permit access only at certain selected public
roads, by agreement with the county, road district, municipality or other
authority having jurisdiction over the public way to be closed; or
(2) Where the freeway is a part of the National System of Interstate and
Defense Highways or is a highway where the authority to control access has
been exercised to permit access only at certain selected public roads, the
Department and county board may close such public way, but only after
holding a public hearing, in the county where the crossing or junction at
grade is situated, at which hearing the needs of local traffic and the
effect of such closing on other highways in the locality shall be
considered. Such hearing shall be held prior to the preparation of final
construction plans, but only after reasonable notice has been given, and
shall be conducted in accordance with rules and regulations prescribed by
the Department. No crossings shall be eliminated which shall unduly
discommode or interfere with local traffic, or will destroy reasonable
access to schools, churches, markets, trade or community centers, and all
crossings not eliminated shall be grade separated with the through traffic
lanes of the interstate highway or the highway where the authority to
control access has been exercised to permit access only at certain selected
public roads. If the closing of a public way, as herein provided, makes it
necessary to construct a new or additional highway connection to serve the
public need, the Department and county board shall construct such
connection. When property is damaged by the closing of any public way, the
damage shall be ascertained and paid as provided by law.
(Source: P.A. 76-181.)
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