Illinois General Assembly - Full Text of Public Act 094-0476
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Public Act 094-0476


 

Public Act 0476 94TH GENERAL ASSEMBLY

 


 
Public Act 094-0476
 
SB1235 Enrolled LRB094 09728 DRH 39984 b

    AN ACT concerning transportation.
 
    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
Section 9-127 as follows:
 
    (605 ILCS 5/9-127)  (from Ch. 121, par. 9-127)
    Sec. 9-127. (a) Except as provided in subsections (b), and
(c), and (d) 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).
    (d) When any highway authority determines to vacate a
highway or a part of a highway under its jurisdiction, the
authority may sell the vacated highway property to any third
party at fair market value if (1) the authority has either a
fee simple interest in the vacated highway property or a
dedication of that property by statutory plat and (2) the right
of first refusal with regard to the vacated highway property
has been granted to adjoining landowners for fair market value.
(Source: P.A. 93-321, eff. 7-23-03.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/4/2005