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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
MUNICIPALITIES (65 ILCS 5/) Illinois Municipal Code. 65 ILCS 5/11-91-1
(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 alderpersons, 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 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. 102-15, eff. 6-17-21.)
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65 ILCS 5/11-91-2
(65 ILCS 5/11-91-2) (from Ch. 24, par. 11-91-2)
Sec. 11-91-2.
Except in cases where the deed, or other instrument,
dedicating a street or alley, or part thereof, has expressly provided for a
specific devolution of the title thereto upon the abandonment or vacation
thereof, whenever any street or alley, or any part thereof, is vacated
under or by virtue of any ordinance of any municipality, the title to the
land included within the street or alley, 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 street or alley has been
dedicated by a common law plat (as distinguished from a statutory plat) and
as though the fee of the street or alley had been acquired by the owners as
a part of the land abutting on the street or alley.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art. 11 Div. 91.1
(65 ILCS 5/Art. 11 Div. 91.1 heading)
DIVISION 91.1.
PERSONS DISPLACED BY FEDERAL AID SYSTEM OF STREETS AND
HIGHWAYS
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65 ILCS 5/11-91.1-1
(65 ILCS 5/11-91.1-1) (from Ch. 24, par. 11-91.1-1)
Sec. 11-91.1-1.
The municipality is authorized to pay, as part of the cost of
construction of any project on the federal aid system of streets and
highways, to a person displaced by said highway project the actual
reasonable expenses in moving said person, his family, his business, or his
farm operation, including the moving of personal property. The allowable
expenses for transportation shall not exceed the cost of moving 50 miles
from the point from which such person, family, business or farm is being
displaced.
The municipality is authorized to adopt rules and regulations as may be
determined necessary to implement the payments as authorized by this
section.
(Source: P.A. 76-1644.)
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65 ILCS 5/11-91.1-2
(65 ILCS 5/11-91.1-2) (from Ch. 24, par. 11-91.1-2)
Sec. 11-91.1-2.
In lieu of the actual moving expenses heretofore authorized to be paid,
the municipality may pay any person displaced, from a dwelling, who elects
to accept such payment, a moving expense allowance determined according to
a schedule to be established by the municipality, not to exceed $200, and a
further dislocation allowance of $100.
(Source: P.A. 76-1644.)
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65 ILCS 5/11-91.1-3
(65 ILCS 5/11-91.1-3) (from Ch. 24, par. 11-91.1-3)
Sec. 11-91.1-3.
In lieu of the actual moving expenses heretofore authorized to be paid,
the municipality may pay any person who moves or discontinues his business
or farm operation, who elects to accept such payment, a fixed relocation
payment in an amount equal to the average annual net earnings of the
business or the farm operation, or $5,000, whichever is the lesser. In the
case of a business, no payment shall be made unless the municipality is
satisfied that the business (1) cannot be relocated without a substantial
loss of its existing patronage, and (2) is not part of a commercial
enterprise having at least one other establishment not being acquired for
highway purposes which is engaged in the same or similar business. The term
"average annual net earnings" means one-half of any net earnings of the
business or farm operation, before Federal, State and local income taxes,
during the two taxable years immediately preceding the taxable year in
which such business or farm operation moves from the real property being
acquired for such project, and includes any compensation paid by the
business or farm operation to the owner, his spouse or his dependents
during such two year period.
(Source: P.A. 76-1644.)
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65 ILCS 5/11-91.1-4
(65 ILCS 5/11-91.1-4) (from Ch. 24, par. 11-91.1-4)
Sec. 11-91.1-4.
In addition to the amounts heretofore authorized to be paid by the
municipality, the municipality may, as a part of the cost of construction,
make a payment to the owner of real property acquired for a Federal Aid
highway project which is improved by a single, two or three family dwelling
actually owned and occupied by the owner for not less than one year prior
to the initiation of negotiations for the acquisition of such property, an
amount which, when added to the acquisition payment, equals the average
price required for a comparable dwelling determined in accordance with
standards established by the municipality to be a decent, safe and sanitary
dwelling adequate to accommodate the displaced owner, reasonably accessible
to public services and places of employment and available on the private
market. Such payment shall not exceed the sum of $5,000, and shall be made
only to a displaced owner who purchases and occupies a dwelling that meets
the standards established by the municipality within one year subsequent to
the date on which he is required to move from the dwelling acquired for the
highway project. Any individual or family not eligible to receive such
payment, who is displaced from any dwelling which dwelling was actually and
lawfully occupied by such individual and family for not less than ninety
days prior to the initiation of negotiations for acquisition of such
property, may be paid by the municipality an amount necessary to enable
such individual or family to lease or rent for a period not to exceed two
years, or to make the down payment on the purchase of a decent, safe and
sanitary dwelling of standards adequate to accommodate such individual or
family in areas not generally less desirable in regard to public utilities
and public and commercial facilities. Such payment shall not exceed the sum
of $1,500.
(Source: P.A. 76-1644.)
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65 ILCS 5/11-91.1-5
(65 ILCS 5/11-91.1-5) (from Ch. 24, par. 11-91.1-5)
Sec. 11-91.1-5.
In addition to the amounts heretofore authorized to be paid, the municipality
may reimburse the owner of real property acquired for a Federal Aid highway
project the reasonable and necessary expenses incurred for (1) recording
fees, transfer taxes, and similar expenses incidental to conveying such
property; and (2) penalty costs for prepayment of any mortgages entered
into in good faith encumbering such real property, if such mortgage is on
record or has been filed for record under applicable State law on the date
of final approval by the Department of Transportation of the location of
such highway project.
(Source: P.A. 81-840.)
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65 ILCS 5/11-91.1-6
(65 ILCS 5/11-91.1-6) (from Ch. 24, par. 11-91.1-6)
Sec. 11-91.1-6.
Nothing contained in this amendatory Act creates in any proceedings
brought under the power of eminent domain any element of damages not in
existence as of the date of enactment of this amendatory Act.
(Source: P.A. 76-1644.)
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65 ILCS 5/Art. 11 Div. 91.2
(65 ILCS 5/Art. 11 Div. 91.2 heading)
DIVISION 91.2.
JURISDICTION OVER ROADS BY AGREEMENT
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65 ILCS 5/11-91.2-1
(65 ILCS 5/11-91.2-1) (from Ch. 24, par. 11-91.2-1)
Sec. 11-91.2-1.
A county or the State may surrender its jurisdiction
over the right-of-way and improvements of all or part of a county or State
highway, street or road to a municipality by agreement made between the
corporate authorities of the municipality and the county board or the
Illinois Department of Transportation, as the case may be. The agreement
shall provide that the right-of-way and improvements continue to be used as
a road, street or highway and that the municipality be chargeable with the
repair, maintenance and upkeep of the right-of-way and improvements. The
municipality may exercise its police powers over the right-of-way and
improvements in like manner as if the right-of-way and improvements lay
entirely within the municipality.
(Source: P.A. 85-1421.)
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65 ILCS 5/Art 11 prec Div 92
(65 ILCS 5/Art 11 prec Div 92 heading)
RECREATIONAL FACILITIES
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65 ILCS 5/Art. 11 Div. 92
(65 ILCS 5/Art. 11 Div. 92 heading)
DIVISION 92.
HARBORS FOR RECREATIONAL USE
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65 ILCS 5/11-92-1
(65 ILCS 5/11-92-1) (from Ch. 24, par. 11-92-1)
Sec. 11-92-1.
"Harbor", as used in this Division 92, includes harbors,
marinas, slips, docks, piers, breakwaters, and all buildings, structures,
facilities, connections, equipment, parking areas, and all other
improvements for use in connection therewith.
"Public water" has the meaning ascribed to that term in Section
18 of the Rivers, Lakes, and Streams Act.
"Artificially made or reclaimed land" includes all land which formerly
was submerged under the public waters of the State, the title to which is
in the State, and which has been artificially made or reclaimed in whole or
in part.
(Source: P.A. 103-154, eff. 6-30-23.)
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65 ILCS 5/11-92-2
(65 ILCS 5/11-92-2) (from Ch. 24, par. 11-92-2)
Sec. 11-92-2.
Any city or village of less than 500,000 population bordering
upon any public waters has the power to acquire, construct, replace, enlarge,
improve, maintain and operate a harbor for recreational use and benefit
of the public anywhere within the jurisdiction of the city or village, or
in, over, and upon public waters bordering thereon, subject to the approval
of the Department of Natural Resources of the State of
Illinois and approval of the proper officials of the United States Government.
(Source: P.A. 89-445, eff. 2-7-96.)
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