Illinois Compiled Statutes
ILCS Listing
Public
Acts Search
Guide
Disclaimer
Information maintained by the Legislative
Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as Public
Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Guide.
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
605 ILCS 5/6-305
(605 ILCS 5/6-305) (from Ch. 121, par. 6-305)
Sec. 6-305.
Whenever the highway commissioner receives a certificate
from the Department as provided in Section 6-303 of this Act, or a petition praying
for the laying out, widening, altering or vacation of a township or
district road, he shall fix a time when and a place where he will examine
the route of such township or district road and hear reasons for or against
the laying out, widening, altering or vacating. He shall give at least 10
days' written notice of the time and place of such examination and hearing
to the county superintendent of highways and to any municipality which is
affected by such action occurring within its planning area, and by
publication in at least one newspaper published in the township or district
or, in the absence of such published newspaper, in at least one newspaper
of general circulation in the township or district or, in the absence of
such generally circulated newspaper, by posting notices in 5 of the most
public places in the district in the vicinity of the road to be laid out,
widened, altered or vacated. The commissioner may, by written notice to the
county superintendent of highways and any affected municipality, and by
public announcement and by the posting of a notice at the time and place
named for the first hearing, adjourn such hearing from time to time, but
not for a longer period than 10 days. At such meeting, or such adjourned
meeting the commissioner shall decide and publicly announce whether he will
grant or refuse the prayer of the petition, and shall endorse upon or annex
to the petition a brief memorandum of such decision. The memorandum shall
be signed by the commissioner and filed within 5 days thereafter in the
office of the district clerk. The commissioner shall also send a copy of
the memorandum to the county superintendent of highways and any affected
municipality, and, in cases where action is initiated as the result of a
Department certificate, a copy of the memorandum to the Department.
No road shall be laid out, widened, altered or vacated unless the
highway commissioner finds that such alteration or vacation is in the
public and economic interest and further finds that any person residing or
owning land within 2 miles of any portion of the road proposed to be
altered or vacated shall still have reasonable access (but not necessarily
a direct route) by way of a motor vehicle or other portable farm machinery
commonly used in the area to farm land he owns or operates and to community
and trade centers after the road is altered or vacated. Such findings shall
be contained in the memorandum of decision signed by the highway
commissioner.
A final hearing may be held at the time of the preliminary or adjourned
meeting if all damages have been released, all surveys and plats are made
and there are no objectors. If there are objectors, the final hearing shall
be held as provided for in Section 6-311.
(Source: P.A. 85-1421.)
|
|
