Public Act 093-0703
 		





SB2442 Enrolled
LRB093 18124 MKM 43816 b






    AN ACT concerning municipalities.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Illinois Municipal Code is amended  by 
changing Section 11-91-1 as follows:
 



    (65 ILCS 5/11-91-1)  (from Ch. 24, par. 11-91-1)



    Sec. 11-91-1. Whenever the corporate authorities of any 
municipality,
whether
incorporated by special act or under any 
general law, determine that the public
interest will be 
subserved by vacating any street or alley, or part thereof,

within their jurisdiction in any incorporated area, they may 
vacate that street
or alley, or part thereof, by an ordinance.  
The ordinance shall provide the
legal description or permanent 
index number of the particular parcel or parcels
of property 
acquiring title to the vacated property.  But this ordinance

shall be passed
by the affirmative vote of at least 
three-fourths of the aldermen, trustees or
commissioners then 
holding office.  This vote shall be taken by ayes and noes
and 
entered on the records of the corporate authorities.

    No ordinance shall be passed vacating any street or alley 
under a
municipality's jurisdiction and within an 
unincorporated area without notice
thereof and a hearing 
thereon.  At least 15 days prior to such a hearing,
notice of 
its time, place and subject matter shall be published in a 
newspaper
of general circulation within the unincorporated 
area which the street or alley
proposed for vacation serves.  At 
the hearing all interested persons shall be
heard concerning 
the proposal for vacation.

    The ordinance may provide that it shall not become 
effective until the owners
of all property or the owner or 
owners of a particular parcel or parcels
of property abutting 
upon the street or alley, or part thereof so vacated,
shall pay 
compensation in an amount which, in the judgment of the 
corporate
authorities, shall be the fair market value of the 
property acquired or of
the benefits which will accrue to them 
by reason of that
vacation, and if there are any public service 
facilities in such street or
alley, or part thereof, the 
ordinance shall
may also reserve to the municipality or
to the 
public utility, as the case may be, owning such facilities, 
such
property, rights of way and easements as, in the judgment 
of the corporate
authorities, are necessary or desirable for 
continuing public service by means
of those facilities and for 
the maintenance, renewal and reconstruction
thereof.  If the 
ordinance provides that only the owner or owners of one

particular parcel of abutting property shall make payment, then 
the owner or
owners of the particular parcel shall acquire 
title to the entire vacated
street or alley, or the part 
thereof vacated.

    The determination of the corporate authorities that the 
nature and extent of
the public use or public interest to be 
subserved in such as to warrant the
vacation of any street or 
alley, or part thereof, is conclusive, and the
passage
of such 
an ordinance is sufficient evidence of that determination, 
whether so
recited in the ordinance or not.  The relief to the 
public from further burden
and responsibility of maintaining 
any street or alley, or part thereof,
constitutes a public use 
or public interest authorizing the vacation.

    When property is damaged by the vacation or closing of any 
street or alley,
the
damage shall be ascertained and paid as 
provided by law.

(Source: P.A. 93-383, eff. 7-25-03.)

 

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






Effective Date:  7/9/2004