SB1235 94TH GENERAL ASSEMBLY

LRB094 09728 DRH 39984 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1235

Introduced 2/18/2005, by Sen. Kirk W. Dillard

SYNOPSIS AS INTRODUCED:

605 ILCS 5/9-127

from Ch. 121, par. 9-127

Amends the Illinois Highway Code. Provides that a highway authority may vacate a highway or part of a highway established by common law dedication, and may convey or sell its interest in the highway in the prescribed manner, if evidence of the dedication is provided in the form of an affidavit of maintenance from the highway commissioner. Provides that an affidavit from the commissioner indicating that the highway authority has maintained the road for 20 years or longer is conclusive evidence of the highway authority's fee interest. Provides that a highway authority may sell its interest in a vacated highway to any buyer in exchange for funds to be used for road purposes (as well as providing that an authority may convey its interest to a qualified township road district). Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 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. The authority also may sell the highway authority's interest in the highway to any buyer in exchange for funds to be added to the highway authority's general budget for road purposes. 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).

A highway authority also may vacate a highway or part of a highway under its jurisdiction established by common law dedication, if evidence of the dedication is provided, in the form of an affidavit of maintenance from the highway commissioner, indicating that the highway authority has maintained the road for a period of 20 years or longer. An affidavit of maintenance as described in this subsection (c) constitutes conclusive evidence of the authority's fee interest in the highway and allows the authority to sell or otherwise convey that interest as provided in this subsection (c).

(Source: P.A. 93-321, eff. 7-23-03.)

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