Public Act 094-0476
 		





SB1235 Enrolled
LRB094 09728 DRH 39984 b






    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 (d)
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.  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).
    (d) When any highway authority  determines to vacate a 
highway or a part of a highway under its jurisdiction, the 
authority may sell the vacated highway property to any third 
party at fair market value if (1) the authority has either a 
fee simple interest in the vacated highway property or a 
dedication of that property by statutory plat and (2) the right 
of first refusal with regard to the vacated highway property 
has been granted to adjoining landowners for fair market value.


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


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




Effective Date:  8/4/2005