093_SB0245eng
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1 AN ACT in relation to highways.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Highway Code is amended by
5 changing Sections 6-201.14 and 9-127 as follows:
6 (605 ILCS 5/6-201.14) (from Ch. 121, par. 6-201.14)
7 Sec. 6-201.14. Have authority to build curbs, and
8 sidewalks, alleys, and bike paths in unincorporated
9 communities out of any funds belonging to the road district
10 in which such community is located, provided such curbs and
11 sidewalks are constructed as an integral part of a highway
12 improvement project.
13 (Source: P.A. 81-663.)
14 (605 ILCS 5/9-127) (from Ch. 121, par. 9-127)
15 Sec. 9-127. (a) Except as provided in subsections
16 subsection (b) and (c) and in cases where the deed, or other
17 instrument, dedicating a highway or part thereof, has
18 expressly provided for a specific devolution of the title
19 thereto upon the abandonment or vacation thereof, whenever
20 any highway or any part thereof is vacated under or by virtue
21 of any Act of this State or by the highway authority
22 authorized to vacate the highway, the title to the land
23 included within the highway or part thereof so vacated, vests
24 in the then owners of the land abutting thereon, in the same
25 proportions and to the same extent, as though the highway had
26 been dedicated by a common law plat (as distinguished from a
27 statutory plat) and as though the fee of the highway had been
28 acquired by the owners as a part of the land abutting on the
29 highway except, however, such vacation shall reserve to any
30 public utility with facilities located in, under, over or
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1 upon the land an easement for the continued use, if any, by
2 such public utility.
3 (b) When any highway authority determines to vacate a
4 highway under its jurisdiction, or part thereof, established
5 within a subdivision by a statutory plat, that authority may
6 vacate such highway and convey the highway authority's
7 interest in such highway to any bona fide organization of
8 property owners of the subdivision which (1) is so organized
9 as to be able to receive, hold and convey real property, (2)
10 has petitioned the highway authority for the vacation of the
11 highway, and (3) undertakes to develop the property for the
12 use and benefit of the public. If the association abandons
13 the property, it passes as provided in subsection (a).
14 (c) When any highway authority determines to vacate a
15 highway or part of a highway under its jurisdiction
16 established within a subdivision by a statutory plat, that
17 authority may vacate the highway and convey the highway
18 authority's interest in the highway to any township road
19 district which (1) has petitioned the highway authority for
20 the vacation of the highway and (2) undertakes to develop the
21 property as a bike path or alley for the use and benefit of
22 the public. If the property is subsequently incorporated
23 within a municipality, the township road district may
24 transfer its interest to the municipality. If the township
25 road district or municipality abandons the property, it
26 passes as provided in subsection (a).
27 (Source: P.A. 86-402.)
28 Section 99. Effective date. This Act takes effect upon
29 becoming law.