Public Act 93-0321

SB245 Enrolled                       LRB093 02567 DRH 02577 b

    AN ACT in relation to highways.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  Illinois  Highway  Code  is  amended by
changing Sections 6-201.14 and 9-127 as follows:

    (605 ILCS 5/6-201.14) (from Ch. 121, par. 6-201.14)
    Sec.  6-201.14.   Have  authority  to  build  curbs,  and
sidewalks,  alleys,  and   bike   paths   in   unincorporated
communities  out  of any funds belonging to the road district
in which such community is located, provided such  curbs  and
sidewalks  are  constructed  as an integral part of a highway
improvement project.
(Source: P.A. 81-663.)

    (605 ILCS 5/9-127) (from Ch. 121, par. 9-127)
    Sec.  9-127.  (a)  Except  as  provided  in   subsections
subsection  (b) and (c) and in cases where the deed, or other
instrument,  dedicating  a  highway  or  part  thereof,   has
expressly  provided  for  a  specific devolution of the title
thereto upon the abandonment or  vacation  thereof,  whenever
any highway or any part thereof is vacated under or by virtue
of  any  Act  of  this  State  or  by  the  highway authority
authorized to vacate the  highway,  the  title  to  the  land
included within the highway or part thereof so vacated, vests
in  the then owners of the land abutting thereon, in the same
proportions and to the same extent, as though the highway had
been dedicated by a common law plat (as distinguished from  a
statutory plat) and as though the fee of the highway had been
acquired  by the owners as a part of the land abutting on the
highway except, however, such vacation shall reserve  to  any
public  utility  with  facilities  located in, under, over or
upon the land an easement for the continued use, if  any,  by
such public utility.
    (b)  When  any  highway  authority determines to vacate a
highway under its jurisdiction, or part thereof,  established
within  a subdivision by a statutory plat, that authority may
vacate  such  highway  and  convey  the  highway  authority's
interest in such highway to any  bona  fide  organization  of
property  owners of the subdivision which (1) is so organized
as to be able to receive, hold and convey real property,  (2)
has  petitioned the highway authority for the vacation of the
highway, and (3) undertakes to develop the property  for  the
use  and  benefit  of the public. If the association abandons
the property, it passes as provided in subsection (a).
    (c)  When any highway authority determines  to  vacate  a
highway   or   part  of  a  highway  under  its  jurisdiction
established within a subdivision by a  statutory  plat,  that
authority  may  vacate  the  highway  and  convey the highway
authority's interest in the  highway  to  any  township  road
district  which  (1) has petitioned the highway authority for
the vacation of the highway and (2) undertakes to develop the
property as a bike path or alley for the use and  benefit  of
the  public.   If  the  property is subsequently incorporated
within  a  municipality,  the  township  road  district   may
transfer  its  interest to the municipality.  If the township
road district  or  municipality  abandons  the  property,  it
passes as provided in subsection (a).
(Source: P.A. 86-402.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.