Public Act 93-0383

HB2299 Enrolled                      LRB093 07288 MKM 07447 b

    AN ACT in relation to municipalities.

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

    Section  5.   The  Illinois  Municipal Code is amended by
changing Section 11-91-1 as follows:

    (65 ILCS 5/11-91-1) (from Ch. 24, par. 11-91-1)
    Sec. 11-91-1.  Whenever the corporate authorities of  any
municipality,  whether  incorporated  by special act or under
any general law, determine that the public interest  will  be
subserved  by  vacating any street or alley, or part thereof,
within their jurisdiction in any incorporated area, they  may
vacate   that  street  or  alley,  or  part  thereof,  by  an
ordinance.  The ordinance shall provide the legal description
or permanent index number of the particular parcel or parcels
of property acquiring title to  the  vacated  property.   But
this  ordinance shall be passed by the affirmative vote of at
least   three-fourths   of   the   aldermen,   trustees    or
commissioners  then holding office.  This vote shall be taken
by ayes and noes and entered on the records of the  corporate
authorities.
    No ordinance shall be passed vacating any street or alley
under   a   municipality's   jurisdiction   and   within   an
unincorporated  area  without  notice  thereof  and a hearing
thereon.  At least 15 days prior to such a hearing, notice of
its time, place and subject matter shall be  published  in  a
newspaper  of  general  circulation within the unincorporated
area which the street or alley proposed for vacation  serves.
At   the  hearing  all  interested  persons  shall  be  heard
concerning the proposal for vacation.
    The ordinance  may  provide  that  it  shall  not  become
effective  until  the  owners of all property or the owner or
owners of a particular parcel or parcels of property abutting
upon the street or alley, or part thereof so  vacated,  shall
pay  compensation  in an amount which, in the judgment of the
corporate authorities, shall be the fair market value of  the
property  acquired  or  of  the benefits which will accrue to
them by reason of that vacation, and if there are any  public
service  facilities in such street or alley, or part thereof,
the ordinance may also reserve to the municipality or to  the
public  utility,  as the case may be, owning such facilities,
such property,  rights  of  way  and  easements  as,  in  the
judgment  of  the  corporate  authorities,  are  necessary or
desirable for continuing public service  by  means  of  those
facilities    and    for   the   maintenance,   renewal   and
reconstruction thereof.  If the ordinance provides that  only
the  owner  or  owners  of  one particular parcel of abutting
property shall make payment, then the owner or owners of  the
particular  parcel  shall acquire title to the entire vacated
street or alley, or the part thereof vacated.
    The determination of the corporate authorities  that  the
nature  and extent of the public use or public interest to be
subserved in such as to warrant the vacation of any street or
alley, or part thereof, is conclusive,  and  the  passage  of
such   an   ordinance   is   sufficient   evidence   of  that
determination, whether so recited in the  ordinance  or  not.
The   relief   to   the   public   from  further  burden  and
responsibility of maintaining any street or  alley,  or  part
thereof,   constitutes   a  public  use  or  public  interest
authorizing the vacation.
    When property is damaged by the vacation  or  closing  of
any street or alley, the damage shall be ascertained and paid
as provided by law.
(Source: P.A. 90-179, eff. 7-23-97.)

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