State of Illinois
92nd General Assembly

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HB4218 Engrossed                              LRB9211592DHmgB

 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,  6-701,  and  9-127  and adding
 6    Section 6-701.10 as follows:

 7        (605 ILCS 5/6-201.14) (from Ch. 121, par. 6-201.14)
 8        Sec.  6-201.14.   Have  authority  to  build  curbs,  and
 9    sidewalks,  alleys,  and   bike   paths   in   unincorporated
10    communities  out  of any funds belonging to the road district
11    in which such community is located upon any township  highway
12    or  property  under  the  jurisdiction of the road district ,
13    provided such curbs  and  sidewalks  are  constructed  as  an
14    integral part of a highway improvement project.
15    (Source: P.A. 81-663.)

16        (605 ILCS 5/6-701) (from Ch. 121, par. 6-701)
17        Sec.  6-701.  Motor  fuel  tax funds allocated for use in
18    road districts shall be used for one or more of the  purposes
19    stated  in  the  following  Sections  preceding Section 6-702
20    6-701.1 through 6-701.9.
21    (Source: P.A. 80-691.)

22        (605 ILCS 5/6-701.10 new)
23        Sec. 6-701.10.  Construction and  maintenance  of  alleys
24    and  bike  paths.  Construction and maintenance of alleys and
25    bike paths under Section 6-201.14.

26        (605 ILCS 5/9-127) (from Ch. 121, par. 9-127)
27        Sec.  9-127.  (a)  Except  as  provided  in   subsections
28    subsection  (b) and (c) and in cases where the deed, or other
HB4218 Engrossed            -2-               LRB9211592DHmgB
 1    instrument,  dedicating  a  highway  or  part  thereof,   has
 2    expressly  provided  for  a  specific devolution of the title
 3    thereto upon the abandonment or  vacation  thereof,  whenever
 4    any highway or any part thereof is vacated under or by virtue
 5    of  any  Act  of  this  State  or  by  the  highway authority
 6    authorized to vacate the  highway,  the  title  to  the  land
 7    included within the highway or part thereof so vacated, vests
 8    in  the then owners of the land abutting thereon, in the same
 9    proportions and to the same extent, as though the highway had
10    been dedicated by a common law plat (as distinguished from  a
11    statutory plat) and as though the fee of the highway had been
12    acquired  by the owners as a part of the land abutting on the
13    highway except, however, such vacation shall reserve  to  any
14    public  utility  with  facilities  located in, under, over or
15    upon the land an easement for the continued use, if  any,  by
16    such public utility.
17        (b)  When  any  highway  authority determines to vacate a
18    highway under its jurisdiction, or part thereof,  established
19    within  a subdivision by a statutory plat, that authority may
20    vacate  such  highway  and  convey  the  highway  authority's
21    interest in such highway to any  bona  fide  organization  of
22    property  owners of the subdivision which (1) is so organized
23    as to be able to receive, hold and convey real property,  (2)
24    has  petitioned the highway authority for the vacation of the
25    highway, and (3) undertakes to develop the property  for  the
26    use  and  benefit  of the public. If the association abandons
27    the property, it passes as provided in subsection (a).
28        (c)  When any highway authority determines  to  vacate  a
29    highway   or   part  of  a  highway  under  its  jurisdiction
30    established within a subdivision by a  statutory  plat,  that
31    authority  may  vacate  the  highway  and  convey the highway
32    authority's interest in the  highway  to  any  township  road
33    district  which  (1) has petitioned the highway authority for
34    the vacation of the highway and (2) undertakes to develop the
HB4218 Engrossed            -3-               LRB9211592DHmgB
 1    property as a bike path or alley for the use and  benefit  of
 2    the  public.   If  the  property is subsequently incorporated
 3    within  a  municipality,  the  township  road  district   may
 4    transfer  its  interest to the municipality.  If the township
 5    road district  or  municipality  abandons  the  property,  it
 6    passes as provided in subsection (a).
 7    (Source: P.A. 86-402.)

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

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