Public Act 099-0156
 
HB3622 EnrolledLRB099 10501 MGM 30728 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Department of Natural Resources
(Conservation) Law of the Civil Administrative Code of Illinois
is amended by adding Section 805-565 as follows:
 
    (20 ILCS 805/805-565 new)
    Sec. 805-565. Road vacation.
    (a) Whenever the Department of Natural Resources
determines that the public use or public interest will be
served by vacating any plat of subdivision, street, roadway, or
driveway, or part thereof, located within Department owned
lands, it may vacate that plat of subdivision, street, roadway,
or driveway, or part thereof, by approval of the Governor.
    (b) The determination of the Department that the nature and
extent of the public use or public interest to be served
warrants the vacation of any plat of subdivision, street,
roadway, or driveway, or part thereof, is conclusive, and the
approval of the vacation is sufficient evidence of that
determination, whether so recited in the vacation or not. The
relief to the public from further burden and responsibility of
maintaining any plat of subdivision, street, roadway, or
driveway, or part thereof, constitutes a public use or public
interest authorizing the vacation.
    (c) Nothing contained in this Section shall be construed to
authorize the Department to vacate any plat of subdivision,
street, roadway, or driveway, or part thereof, that is part of
any currently maintained and used State or county highway
without obtaining the approval of the Department of
Transportation (in the case of a State highway) or the
appropriate county highway department (in the case of a county
highway).
    (d) Title to the land in fee simple included within the
plat of subdivision, street, roadway, or driveway, or part
thereof, so vacated vests in the Department except:
        (1) in cases in which the deed, or other instrument
    dedicating a plat of subdivision, street, roadway, or
    driveway, or part thereof, has expressly provided for a
    specific devolution of the title thereto upon the
    abandonment or vacation thereof; or
        (2) where the street, roadway, or driveway, or part
    thereof, is held by the Department by lease, or when the
    Department holds an easement in the land included within
    the plat of subdivision, street, roadway, or driveway.

Effective Date: 1/1/2016