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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
90_SB0213eng
65 ILCS 5/11-91-1 from Ch. 24, par. 11-91-1
Amends the Illinois Municipal Code. Provides that an
ordinance vacating a street or alley shall not become
effective until the owners of all property or any particular
parcel or parcels of property (now property) abutting upon
the street or alley shall pay compensation that is just and
reasonable (now equal to the benefits which will accrue to
them by reason of that vacation). Effective immediately.
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1 AN ACT to amend the Illinois Municipal Code by changing
2 Section 11-91-1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Municipal Code is amended by
6 changing Section 11-91-1 as follows:
7 (65 ILCS 5/11-91-1) (from Ch. 24, par. 11-91-1)
8 Sec. 11-91-1. Whenever the corporate authorities of any
9 municipality, whether incorporated by special act or under
10 any general law, determine that the public interest will be
11 subserved by vacating any street or alley, or part thereof,
12 within their jurisdiction in any incorporated area, they may
13 vacate that street or alley, or part thereof, by an
14 ordinance. But this ordinance shall be passed by the
15 affirmative vote of at least three-fourths of the aldermen,
16 trustees or commissioners then holding office. This vote
17 shall be taken by ayes and noes and entered on the records of
18 the corporate authorities.
19 No ordinance shall be passed vacating any street or alley
20 under a municipality's jurisdiction and within an
21 unincorporated area without notice thereof and a hearing
22 thereon. At least 15 days prior to such a hearing, notice of
23 its time, place and subject matter shall be published in a
24 newspaper of general circulation within the unincorporated
25 area which the street or alley proposed for vacation serves.
26 At the hearing all interested persons shall be heard
27 concerning the proposal for vacation.
28 The ordinance may provide that it shall not become
29 effective until the owners of all property or the owner or
30 owners of a particular parcel or parcels of property abutting
31 upon the street or alley, or part thereof so vacated, shall
32 pay compensation in an amount which, in the judgment of the
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1 corporate authorities, shall be the fair market value of the
2 property acquired or of the equal to the benefits which will
3 accrue to them by reason of that vacation, and if there are
4 any public service facilities in such street or alley, or
5 part thereof, the ordinance may also reserve to the
6 municipality or to the public utility, as the case may be,
7 owning such facilities, such property, rights of way and
8 easements as, in the judgment of the corporate authorities,
9 are necessary or desirable for continuing public service by
10 means of those facilities and for the maintenance, renewal
11 and reconstruction thereof. If the ordinance provides that
12 only the owner or owners of one particular parcel of abutting
13 property shall make payment, then the owner or owners of the
14 particular parcel shall acquire title to the entire vacated
15 street or alley, or the part thereof vacated.
16 The determination of the corporate authorities that the
17 nature and extent of the public use or public interest to be
18 subserved in such as to warrant the vacation of any street or
19 alley, or part thereof, is conclusive, and the passage of
20 such an ordinance is sufficient evidence of that
21 determination, whether so recited in the ordinance or not.
22 The relief to the public from further burden and
23 responsibility of maintaining any street or alley, or part
24 thereof, constitutes a public use or public interest
25 authorizing the vacation.
26 When property is damaged by the vacation or closing of
27 any street or alley, the damage shall be ascertained and paid
28 as provided by law.
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.