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| 1 | AN ACT concerning municipalities.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Municipal Code is amended by | ||||||
| 5 | changing Section 11-91-1 as follows:
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| 6 | (65 ILCS 5/11-91-1) (from Ch. 24, par. 11-91-1)
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| 7 | Sec. 11-91-1. Whenever the corporate authorities of any | ||||||
| 8 | municipality,
whether
incorporated by special act or under any | ||||||
| 9 | general law, determine that the public
interest will be | ||||||
| 10 | subserved by vacating any street or alley, or part thereof,
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| 11 | within their jurisdiction in any incorporated area, they may | ||||||
| 12 | vacate that street
or alley, or part thereof, by an ordinance. | ||||||
| 13 | The ordinance shall provide the
legal description or permanent | ||||||
| 14 | index number of the particular parcel or parcels
of property | ||||||
| 15 | acquiring title to the vacated property. But this ordinance
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| 16 | shall be passed
by the affirmative vote of at least | ||||||
| 17 | three-fourths of the aldermen, trustees or
commissioners then | ||||||
| 18 | holding office. This vote shall be taken by ayes and noes
and | ||||||
| 19 | entered on the records of the corporate authorities.
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| 20 | No ordinance shall be passed vacating any street or alley | ||||||
| 21 | under a
municipality's jurisdiction and within an | ||||||
| 22 | unincorporated area without notice
thereof and a hearing | ||||||
| 23 | thereon. At least 15 days prior to such a hearing,
notice of | ||||||
| 24 | its time, place and subject matter shall be published in a | ||||||
| 25 | newspaper
of general circulation within the unincorporated | ||||||
| 26 | area which the street or alley
proposed for vacation serves. At | ||||||
| 27 | the hearing all interested persons shall be
heard concerning | ||||||
| 28 | the proposal for vacation.
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| 29 | The ordinance may provide that it shall not become | ||||||
| 30 | effective until the owners
of all property or the owner or | ||||||
| 31 | owners of a particular parcel or parcels
of property abutting | ||||||
| 32 | upon the street or alley, or part thereof so vacated,
shall pay | ||||||
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| 1 | compensation in an amount which, in the judgment of the | ||||||
| 2 | corporate
authorities, shall be the fair market value of the | ||||||
| 3 | property acquired or of
the benefits which will accrue to them | ||||||
| 4 | by reason of that
vacation, and if there are any public service | ||||||
| 5 | facilities in such street or
alley, or part thereof, the | ||||||
| 6 | ordinance shall
may also reserve to the municipality or
to the | ||||||
| 7 | public utility, as the case may be, owning such facilities, | ||||||
| 8 | such
property, rights of way and easements as, in the judgment | ||||||
| 9 | of the corporate
authorities, are necessary or desirable for | ||||||
| 10 | continuing public service by means
of those facilities and for | ||||||
| 11 | the maintenance, renewal and reconstruction
thereof. If the | ||||||
| 12 | ordinance provides that only the owner or owners of one
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| 13 | particular parcel of abutting property shall make payment, then | ||||||
| 14 | the owner or
owners of the particular parcel shall acquire | ||||||
| 15 | title to the entire vacated
street or alley, or the part | ||||||
| 16 | thereof vacated.
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| 17 | The determination of the corporate authorities that the | ||||||
| 18 | nature and extent of
the public use or public interest to be | ||||||
| 19 | subserved in such as to warrant the
vacation of any street or | ||||||
| 20 | alley, or part thereof, is conclusive, and the
passage
of such | ||||||
| 21 | an ordinance is sufficient evidence of that determination, | ||||||
| 22 | whether so
recited in the ordinance or not. The relief to the | ||||||
| 23 | public from further burden
and responsibility of maintaining | ||||||
| 24 | any street or alley, or part thereof,
constitutes a public use | ||||||
| 25 | or public interest authorizing the vacation.
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| 26 | When property is damaged by the vacation or closing of any | ||||||
| 27 | street or alley,
the
damage shall be ascertained and paid as | ||||||
| 28 | provided by law.
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| 29 | (Source: P.A. 93-383, eff. 7-25-03.)
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| 30 | Section 99. Effective date. This Act takes effect upon | ||||||
| 31 | becoming law.
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