(605 ILCS 5/Art. 6 Div. 3 heading) DIVISION 3.
LAYING OUT, WIDENING, ALTERING OR VACATING TOWNSHIP AND
DISTRICT ROADS
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(605 ILCS 5/6-301) (from Ch. 121, par. 6-301)
Sec. 6-301.
All township and district roads established under this Division
of this Code shall be not less than 40 feet in width, except as provided in
Section 6-327.
Highway commissioners in single township road districts may annually
determine that certain roads in the district are vital to the general
benefit of the district and designate them all or in part as arterial
district roads. The designation must be approved by the county
superintendent of highways, after notice and hearing, prior to the
commissioners' recording the roads with the county superintendent of
highways. No road or portion thereof designated as arterial shall be
closed or vacated without written approval of the county despite the road's
inclusion in any annexation or incorporation proceedings provided for in
the Illinois Municipal Code. This paragraph does not apply to roads in
home rule units of government nor the roads included in our annexation
proceeding by home rule units of governments.
This Division of this Code shall not apply to proceedings for laying
out, widening, altering or vacating streets in municipalities, except as
provided in this Section.
(Source: P.A. 86-1229.)
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(605 ILCS 5/6-302) (from Ch. 121, par. 6-302)
Sec. 6-302.
The highway commissioner of any road district may in his
discretion reduce the width of any existing township or district road to a
width of 40 feet, if the reduction is petitioned for by a majority of the
landowners along the line of such road within the district. When possible
the land vacated by reducing the width of the road shall be taken equally
from each side of the road. In cases of natural obstruction on one side of
the road or where the road extends along the right-of-way of any railroad,
river or canal, the commissioner is authorized to reduce the width of road
on one side only.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-303) (from Ch. 121, par. 6-303)
Sec. 6-303.
Existing township and district roads may be widened, altered or
vacated, and new township and district roads may be laid out in the
manner provided in this Division of this Code. Any number of voters not
less than 5% of the legal voters, or 12 legal voters, whichever is less,
residing in any road district may file a petition with the highway
commissioner of such district, praying for the laying out, widening,
altering or vacation of such roads.
Notwithstanding the preceding sentence, in counties with a population
between 125,000 and 130,000, a petition for laying out,
widening, altering, or vacating roads in a subdivision established under a
county subdivision ordinance, where the final plat of the subdivision was
approved by the county board, shall be filed with the county board unless
the plat was filed with the county recorder at least 15 years before the
petition is filed.
However, where the laying out, widening, altering or vacating of a
township or district road is required by the construction, operation, or
maintenance of a State highway, the Department, in lieu of a petition
may file a certificate, signed by the Secretary of the Department, or his
duly authorized agent, setting forth the necessity for the laying out,
widening, altering or vacating of such roads. The procedure upon the
filing of such certificate shall be the same as, and conform to, the
procedure followed upon the filing of a petition. Such petition or
certificate shall set forth a description of the road and what part is
to be widened, altered or vacated, and if for a new road the names of
the owners of lands, if known, and if not known it shall so state, over
which the road is to pass, the points at or near which it is to
terminate. When the general course of relocated roads shall render the
same practicable, such relocated roads shall be laid out on section
lines, or regular divisional lines subdividing a section or sections.
The highway commissioner, in lieu of a petition, may file a
certificate with district clerk and county clerk to vacate roads. The
procedure upon filing of such certificate shall be the same as, and
conform to, the procedure followed upon the filing of a petition.
(Source: P.A. 87-1121.)
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(605 ILCS 5/6-304) (from Ch. 121, par. 6-304)
Sec. 6-304.
In case the Department widens or alters an existing road,
or lays out a new road in any road district in connection with the
construction of a State highway, or in connection with the construction
of federal aid roads or such roads as are constructed with the aid of
federal grants, loans, or allotments, as provided by law, and requires
right-of-way for such purposes, the road district, acting through its
highway commissioner, is authorized to take whatever steps may be
necessary to enable such road district to aid the Department in the
construction of State highways, or in connection with the construction
of federal aid roads or such roads as are constructed with the aid of
federal grants, loans or allotments, and the highway commissioner is
authorized to pay for such rights-of-way from any available district
road funds, and is authorized to issue warrants and levy a tax, or to issue
bonds pursuant to referendum for the payment
of such right-of-way, as
is provided in Sections 6-503, 6-507, 6-509 and 6-510 of this Code.
(Source: P.A. 81-1489.)
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(605 ILCS 5/6-305) (from Ch. 121, par. 6-305)
Sec. 6-305.
Whenever the highway commissioner receives a certificate
from the Department as provided in Section 6-303 of this Act, or a petition praying
for the laying out, widening, altering or vacation of a township or
district road, he shall fix a time when and a place where he will examine
the route of such township or district road and hear reasons for or against
the laying out, widening, altering or vacating. He shall give at least 10
days' written notice of the time and place of such examination and hearing
to the county superintendent of highways and to any municipality which is
affected by such action occurring within its planning area, and by
publication in at least one newspaper published in the township or district
or, in the absence of such published newspaper, in at least one newspaper
of general circulation in the township or district or, in the absence of
such generally circulated newspaper, by posting notices in 5 of the most
public places in the district in the vicinity of the road to be laid out,
widened, altered or vacated. The commissioner may, by written notice to the
county superintendent of highways and any affected municipality, and by
public announcement and by the posting of a notice at the time and place
named for the first hearing, adjourn such hearing from time to time, but
not for a longer period than 10 days. At such meeting, or such adjourned
meeting the commissioner shall decide and publicly announce whether he will
grant or refuse the prayer of the petition, and shall endorse upon or annex
to the petition a brief memorandum of such decision. The memorandum shall
be signed by the commissioner and filed within 5 days thereafter in the
office of the district clerk. The commissioner shall also send a copy of
the memorandum to the county superintendent of highways and any affected
municipality, and, in cases where action is initiated as the result of a
Department certificate, a copy of the memorandum to the Department.
No road shall be laid out, widened, altered or vacated unless the
highway commissioner finds that such alteration or vacation is in the
public and economic interest and further finds that any person residing or
owning land within 2 miles of any portion of the road proposed to be
altered or vacated shall still have reasonable access (but not necessarily
a direct route) by way of a motor vehicle or other portable farm machinery
commonly used in the area to farm land he owns or operates and to community
and trade centers after the road is altered or vacated. Such findings shall
be contained in the memorandum of decision signed by the highway
commissioner.
A final hearing may be held at the time of the preliminary or adjourned
meeting if all damages have been released, all surveys and plats are made
and there are no objectors. If there are objectors, the final hearing shall
be held as provided for in Section 6-311.
(Source: P.A. 85-1421.)
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(605 ILCS 5/6-306) (from Ch. 121, par. 6-306)
Sec. 6-306.
In case the highway commissioner denies the prayer of the
petition for the laying out, widening, altering or vacation of a township
or district road, any 3 of the petitioners may appeal from such decision to
the county superintendent of highways by joining in a notice of such appeal
and filing the same in the office of the district clerk within 10 days
after the date of the decision appealed from. The clerk shall thereupon
transmit the original petition for the laying out, widening, altering or
vacation of such township or district road, together with the notice of
appeal to the county superintendent of highways. Upon receipt thereof the
county superintendent of highways shall thereupon fix a time and place for
a public hearing thereof, giving notice thereof and conducting the hearing
and rendering his decision thereon in the manner prescribed by Section 6-311 of
this Act in the case of the hearing upon such petition by the county
superintendent of highways. Upon rendering his decision, the county
superintendent of highways shall likewise endorse on such petition a
memorandum of his decision, which (if the decision approved the change
requested in the petition) shall include his findings that such alteration
or vacation of the township or district road will be in the public and
economic interest and will not deprive residents or owners of proximate
land of reasonable access elsewhere as specified in Section 6-305 of this
Act; and shall file the same in the office of the district clerk.
Such decision of the highway commissioner or, upon appeal of such order,
of the county superintendent of highways shall be regarded as a preliminary
decision upon the advisability of the proposal in the petition and shall be
subject to revocation in the manner hereinafter provided, except that such
decision of the county superintendent of highways affirming the denial of
the petition shall be regarded as a final decision.
(Source: Laws 1963, p. 3216 .)
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(605 ILCS 5/6-307) (from Ch. 121, par. 6-307)
Sec. 6-307.
If the highway commissioner, or upon appeal from his decision,
the county superintendent of highways, shall enter a preliminary order for
the laying out, widening, alteration or vacation of a township or district
road, the highway commissioner or county superintendent of highways, as the
case may be, shall cause a survey and plat of such township or district
road to be made by a competent surveyor who shall report such survey and
plat to the highway commissioner or county superintendent, as the case may
be, giving the courses and distances and specifying the land over which
such road is to pass; in which he may make such changes between the termini
of the road described in the petition, as the convenience and interest of
the public in his judgment may require. Upon the petition of 12 land owners
residing in the district where the road is situated, it shall be the duty
of the highway commissioner or county superintendent, as the case may be,
within a reasonable time to employ a competent surveyor and have any road
designated in such petition to be once resurveyed.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-308) (from Ch. 121, par. 6-308)
Sec. 6-308.
Whenever the highway commissioner of any road district or upon
appeal from his decision, the county superintendent of highways has entered
a preliminary order for the laying out, widening, alteration or vacation of
a township or district road, and a survey therefor has been completed as
hereinbefore provided, proceedings shall next be taken to fix the damages
which will be sustained by the adjoining land owners by reason of such
laying out, widening, altering or vacation. In case such preliminary order
was entered by the highway commissioner, he shall act for the district in
all matters relating to the fixing of damages, as well as the surveying of
such road. But in case such order was entered by the county superintendent
of highways on appeal, as aforesaid, the county superintendent shall
represent the district in such matters.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-309) (from Ch. 121, par. 6-309)
Sec. 6-309. The damages sustained by the owner or owners of land by reason
of the laying out, widening, alteration or vacation of a township or
district road, may be agreed upon by the owners of such lands, if competent
to contract, and the highway commissioner or county superintendent, as the
case may be. Such damages may also be released by such owners, and in such
case the agreement or release shall be in writing, the same shall be filed
and recorded with the copy of the order laying out, widening, altering or
vacating such road in the office of the district clerk, and shall be a
perpetual bar against such owners, their grantees and assigns for all
further claims for such damages.
In case the highway commissioner or the county superintendent, as the
case may be, acting for the road district, is unable to agree with the
owner or owners of the land necessary for the laying out, widening or
alteration of such road on the compensation to be paid, the highway
commissioner, or the county superintendent of highways, as the case may be,
may in the name of the road district, enter condemnation proceedings to
procure such land, in the same manner as near as may be, as provided for
the exercise of the right of eminent domain under
the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(605 ILCS 5/6-310) (from Ch. 121, par. 6-310)
Sec. 6-310.
Any person or persons interested in the establishment,
widening, alteration or vacation of any township or district road is or are
authorized to offer inducements to the highway commissioner or county
superintendent of highways, as the case may be, for the establishment,
widening, alteration or vacation of any such township or district road, by
entering into contract with the commissioner or county superintendent,
conditioned upon such establishment, widening, alteration or vacation, to
pay money or other valuable thing to the district for the benefit of the
road funds of the same; or to perform any labor, or construct any road,
bridge or culvert on any road which such person or persons desires or
desire to be established, widened or altered. Any such contracts in writing
made with the highway commissioner or county superintendent shall be deemed
good and valid in law and may be enforced by such commissioner or
superintendent, or his successor in office, before the circuit court.
(Source: P.A. 79-1366.)
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(605 ILCS 5/6-311) (from Ch. 121, par. 6-311)
Sec. 6-311.
Within 20 days after the damages likely to be sustained by
reason of the proposed laying out, widening, alteration or vacation of any
township or district road have been finally ascertained, either by
agreement of the parties or by condemnation proceedings, or within 20 days
after such damages may have been released, the highway commissioner or the
county superintendent of highways, as the case may be, shall hold a public
hearing at which he shall hear and consider reasons for or against the
proposed laying out, widening, alteration or vacation of such road, and at
which time and place he shall publicly announce his final decision relative
thereto. The highway commissioner or the county superintendent of highways,
as the case may be, shall give public notice of such public hearing by
publication in at least one newspaper published in the township or district
or, in the absence of such published newspaper, in at least one newspaper
of general circulation in the township or district or, in the absence of
such generally circulated newspaper at the time prescribed for notice, by
posting notices thereof in at least 5 of the most public places in the
district in the vicinity of the road for at least 5 days prior thereto.
A written notice shall be mailed or delivered to all owners of the property
adjacent to the road which is the subject of the hearing. A written notice may
be mailed or delivered to every person known to have been present at the
hearings conducted pursuant to Sections 6-305 and 6-306 of this Act and
to every other person who has requested such notice.
At such time and place the highway commissioner, if he is the official
conducting the hearing, shall determine the advisability of such proposed
laying out, widening, alteration or vacation of such road, shall make an
order for the same and shall within 5 days thereafter file such order in
the office of the district clerk.
At such time and place the county superintendent of highways, if he is
the official conducting the hearing, shall:
(a) Be empowered to administer oaths;
(b) Permit the appearance in person or by counsel, | ||
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(c) Provide that every person offering testimony | ||
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(d) Secure and retain a stenographic transcript of | ||
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(e) Determine the advisability of such proposed | ||
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Every order entered and filed pursuant to this Section in approval of
the change requested in the petition shall contain an express finding that
such alteration or vacation of the township or district road will be in the
public and economic interest and will not deprive residents or owners of
proximate land of reasonable access elsewhere as specified in Section 6-305 of
this Act.
(Source: P.A. 99-237, eff. 1-1-16 .)
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(605 ILCS 5/6-312) (from Ch. 121, par. 6-312)
Sec. 6-312.
In case such final order was entered by the highway
commissioner as provided in Section 6-311 of this Code finally determining
the advisability of such proposed laying out, widening, alteration or
vacation of any township or district road, any 3 qualified petitioners who
may have signed the petition for such proposed laying out, widening,
alteration or vacation, or any 3 legal voters residing within 2 miles of
any portion of such road, or any 3 other persons owning land in the road district or owning land within 2 miles of any portion of such road, may (if either they are
qualified petitioners or they both have raised objections at the hearing
pursuant to Section 6-311 of this Act and will be directly and adversely
affected by such proposed laying out, widening, alteration or vacation)
appeal to the county superintendent of highways by filing a notice of such
appeal in the office of the district clerk within 10 days of the date of
filing the decision appealed from. Thereupon such clerk shall at once
transmit all papers relating to such proposed laying out, widening,
altering or vacation of such road to the county superintendent of highways,
who shall within 20 days after the receipt of the same, hold a public
hearing within such district to finally determine upon the laying out,
widening, altering or vacation of such road. Such hearing shall be upon
such notice and conducted in like manner as the hearing before the highway
commissioner relative to such final decision and from which appeal has been
taken, except that the powers and duties of the county superintendent of
highways in conducting such hearing and in determining and filing his final
order shall be identical to the powers and duties of such superintendent
prescribed by Section 6-311 of this Act. Judicial review may be pursued
after such final order of the county superintendent of highways relative to
the alteration or vacation of such roads in the manner provided in Section
6-315a of this Division.
(Source: P.A. 99-237, eff. 1-1-16 .)
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(605 ILCS 5/6-313) (from Ch. 121, par. 6-313)
Sec. 6-313.
In case the highway commissioner, or upon appeal from his
decision, the county superintendent of highways, shall finally determine
against the advisability of the proposed laying out, widening, alteration
or vacation of such township or district road, such order shall have the
effect to annul and revoke all proceedings and assessments, releases and
agreements in respect to damages growing out of the proceedings upon the
petition aforesaid. In case the commissioner or county superintendent
affirms such prior proceedings, he shall make an order to be signed by him,
declaring such road to be laid out, widened, altered or vacated as a public
highway and which order shall contain or have annexed thereto a definite
description of the line of such road, together with the plat thereof. The
highway commissioner or county superintendent, as the case may be, shall
within 5 days from the date of his final order, cause the same, together
with the report of the surveyor, the petition and the releases, agreements
or assessments in respect to damages, to be deposited and filed in the
office of the district clerk; who shall note upon such order the date of
such filing. It shall be the duty of such clerk to record such order,
together with the plat of the surveyor in a proper book to be kept for that
purpose.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-314) (from Ch. 121, par. 6-314)
Sec. 6-314.
After it has been finally determined that a township or
district road shall be laid out, widened, altered or vacated, either by the
highway commissioner, or upon appeal, by the county superintendent of
highways, all proceedings subsequent thereto on behalf of the district
shall be taken by the highway commissioner thereof as provided in this
division of this Code. And such highway commissioner in such cases is
hereby authorized to resort to all necessary proceedings not inconsistent
with the provisions of this Code to secure the laying out, widening,
alteration or vacation of any such road.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-315) (from Ch. 121, par. 6-315)
Sec. 6-315.
An entry in the records, ledger, or official minute book
of the district clerk, stating that there has been a dedication of a public
highway according to statutory requirements shall be prima facie evidence in
all cases
that there was a dedication of a public highway and that the dedication
complied with all statutory requirements, regardless of whether supporting
records or documentation of the dedication is available.
(Source: P.A. 93-183, eff. 7-11-03.)
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(605 ILCS 5/6-315a) (from Ch. 121, par. 6-315a)
Sec. 6-315a.
Any 3 persons who, at a hearing conducted by the county
superintendent of highways pursuant to Section 6-306, 6-311 or 6-312
of this Act, have been permitted to appear, in person or by counsel, and
to introduce evidence and cross examine witnesses, may (if they are
qualified petitioners, or have raised objections at a hearing pursuant
to Section 6-311 or 6-312 of this Act and will be directly and
adversely affected by such proposed alteration or vacation) obtain
judicial review of such final administrative decision of the
superintendent (meaning his final order denying the petition after a
hearing pursuant to Section 6-306, or granting or denying the petition
after a hearing pursuant to Section 6-311 or 6-312, to be filed in the
office of the district clerk after the hearing) pursuant to the Administrative
Review Law, and all amendments
and modifications thereof, and any rules adopted pursuant thereto. The
term "administrative decision" is defined as in Section 3-101 of the Code
of Civil Procedure. Such judicial review proceeding shall be given precedence
over all other civil cases, except cases arising under the Workers'
Compensation Act and the Unemployment Insurance
Act.
(Source: P.A. 91-357, eff. 7-29-99.)
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(605 ILCS 5/6-316) (from Ch. 121, par. 6-316)
Sec. 6-316.
All township and district roads laid out as provided in this
Division of this Code shall be opened within 2 years from the time of
laying out the same. If the damages resulting from the establishing of such
roads shall not be paid within 90 days from the time the money is in the
hands of the treasurer of the road fund to pay the same, such new roads
shall be deemed to be vacated.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-317) (from Ch. 121, par. 6-317)
Sec. 6-317.
Whenever a township or district road is ordered to be laid out,
widened or altered, according to the provisions of this Division of this
Code, which road shall pass through or on enclosed land, the highway
commissioner shall give the owner or occupant of such land 60 days' notice
in writing to remove the fences. If such owner or occupant does not remove
the fence or fences within 60 days after such notice, the commissioner
shall have the same removed, and direct the road to be opened and worked;
the owner of such premises shall pay all necessary costs of removal, and
the same may be recovered by the highway commissioner in any court of
competent jurisdiction, provided however that in case the owner or occupant
has been awarded damages either by agreement, or by judgment in
condemnation proceedings, for the removal of such fence or fences, then the
owner or occupant shall remove such fences without such notice, and the
highway commissioner may enter upon such premises at once for the purpose
of laying out, widening or altering such road.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-318) (from Ch. 121, par. 6-318)
Sec. 6-318.
When any township or district road has been finally laid out,
widened or altered according to the provisions of this Division of this
Code, the owners of such lands taken shall have a reasonable time, not
exceeding 8 months, to be designated by the highway commissioner to harvest
crops which may be on such lands before such road shall be opened, provided
however that if the damages to crops have been included in the total
damages finally allowed or awarded then the highway commissioner may enter
upon such premises at once for the purpose of opening such road, provided
further that if there are fences on such land taken, he shall first give
notice to remove said fences as provided in Section 6-317 of this Code.
(Source: Laws 1959, p. 196 .)
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(605 ILCS 5/6-319) (from Ch. 121, par. 6-319)
Sec. 6-319.
Township and district roads may be laid out, widened, altered or vacated
on county or district lines, or from one district to another, and in case a
railroad right-of-way or stream of water joins the boundary line of such
county or district line, then along the line of such railroad right-of-way
or stream of water, in the same manner as other township and district
roads, except that in such cases, a copy of the petition shall be posted in
and presented to the highway commissioners of each district interested;
such petition to be as in other cases, and signed by not less than 5% of
the legal voters, or 12 legal voters, whichever is less, residing in the
district or county. Whereupon the highway commissioners of the several
districts shall meet and act together, in the same time and manner as in
other cases, in considering the petition, viewing the premises, adjusting
damages, and making all orders in reference to such proposed road,
widening, alteration or vacation, and a copy of all final orders and plats
and papers shall be filed and recorded in each of the counties and
districts interested. In case the commissioners are unable to agree, the
county superintendent of highways shall act as arbitrator between them in
case the districts shall lie within the same county, and if in different
counties the Department or any person designated by it, shall so act. All
appeals hereinbefore provided for in this Division of this Code may
likewise be taken to the county superintendent of highways, or in case the
districts shall lie in 2 or more counties, to the Department.
In lieu of petitions, the highway commissioners of all road districts
interested may file a certificate to vacate roads with the respective
county clerks and with the respective township or district clerks, as the
case may be. The procedure upon the filing of such certificates shall be
the same as, and conform to, the procedure followed upon the filing of a
petition.
(Source: P.A. 78-543 .)
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(605 ILCS 5/6-320) (from Ch. 121, par. 6-320)
Sec. 6-320.
The highway commissioners shall also, in case a new township or
district road is established on a county or district line, allot to each of
such districts the part of such road which each of such districts shall
open and keep in repair, and the part so allotted shall be considered as
wholly belonging to such district. They shall also divide the expenses and
damages which may accrue from such laying out, widening or alteration, and
if they cannot agree, they shall refer the matter to the county
superintendent of highways or in case the districts shall lie in 2 or more
counties, the Department, whose decision shall be final.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-321) (from Ch. 121, par. 6-321)
Sec. 6-321.
All township and district roads heretofore or hereafter laid
out upon district or county lines shall be divided, allotted and kept in
repair in the manner as hereinbefore directed. Any township or district
road that is or shall be laid out on any county or district line, and in
case a railroad right-of-way or a stream of water forms the boundary line
of such district or county, or crowds the public road off from such
district or county, then the road alongside such railroad right-of-way or
stream of water, shall be held to be a road on a county or district line,
although owing to the topography of the ground along such county or
district line, or at the crossing of any stream of water, the proper
authorities in laying out such road may have located a portion of the same
to one side of such county or district line or railroad right-of-way, or
stream of water, and the expenses of keeping in repair such road shall be
assessed by each district or county interested.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-322) (from Ch. 121, par. 6-322)
Sec. 6-322.
Township and district roads may be laid out and opened upon the
line between this and any adjoining state, as provided in the preceding
sections, whenever the laws of such adjoining state shall be applicable.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-323) (from Ch. 121, par. 6-323)
Sec. 6-323.
In addition to the notices now required by law in proceedings
for laying out, locating or opening of township and district roads, similar
notices shall be served on any railroad company across or alongside of
whose railroad it may be proposed to locate such a road. Such notices shall
be served by delivering a copy thereof to the station agent of any such
railroad company nearest to the proposed location of such projected
township or district road.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-324) (from Ch. 121, par. 6-324)
Sec. 6-324.
The highway commissioner of any road district shall relocate,
divert or establish a township or district road where necessary in
connection with the crossing of the track of any railroad company across
any township or district road upon certification of the findings of the
Illinois Commerce Commission as provided in Section 18c-7401 of the Illinois
Commercial Transportation Law. The Illinois Commerce Commission may apportion
all costs and damages incident thereto as provided in said Section 18c-7401.
(Source: P.A. 85-1209.)
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(605 ILCS 5/6-325) (from Ch. 121, par. 6-325)
Sec. 6-325.
In counties having less than 3,000,000 inhabitants, roads or
streets in platted subdivisions and dedicated to public use shall be
included in and incorporated into the township or district road system
without any hearing or petition therefor required by the preceding Sections
of this Division, when and if such roads or streets conform to the rules,
specifications and regulations regarding location, width, grades, surface
and drainage structures prepared by the county superintendent of highways
and adopted by the county board. The highway
commissioner shall determine when such dedicated roads and streets so
conform and shall thereupon make an order to incorporate them into the
township or district road system and file one copy of such order in the
office of the district clerk and one copy with the county superintendent of
highways. If the highway commissioner refuses or fails to make such an
order, any 3 interested persons may appeal to the county superintendent of
highways to determine if such roads and streets so conform, and if his
finding is favorable, he shall make an order to incorporate them into the
township or district road system and shall file such order in the office of
the district clerk.
The county board may adopt alternate and less stringent rules,
specifications, and regulations prepared by the
county superintendent of highways for roads and streets that were initially
platted in subdivisions before
January 1, 1959, but not constructed, and these alternate rules,
specifications, and regulations shall be applicable
in determining if these roads and streets conform under this Section for
inclusion into the township or district
road system.
The county board, by an affirmative vote of at least
three-fifths of all members of the county board, may adopt alternate and
less stringent rules, specifications and regulations prepared by the County
Superintendent of Highways for roads and streets that were initially
constructed in platted subdivisions prior to January 1, 1959, and such
alternate rules, specifications and regulations shall be applicable in
determining if such roads and streets comply under this Section if the
highway commissioner first determines that such roads and streets should be
included in or incorporated into the township or district road system.
Roads and streets which have been laid out and dedicated to public use
but which are not in platted subdivisions or which are in a platted
subdivision but do not conform to the rules, specifications and regulations
as required by the preceding paragraph of this Section or are in a county
which has not established such rules, specifications and regulations may be
included in and incorporated into the township or district road system in
the manner hereinafter specified in this Section. The proceedings for that
purpose shall be in accordance with the provisions of Sections 6-303 and
6-305 of this Code with reference to laying out new roads, except as
hereinafter provided in this Section. The petition shall pray that the
roads or streets be incorporated into the township or district road system.
The provisions of Section 6-305 of this Code relative to notice and
hearing are applicable to the proceedings except the notice shall state the
time when the commissioner will examine the roads or streets and hear
reasons for or against incorporating them into the township or district
road system and the notice shall be posted in the vicinity of the road or
street described in the petition. The provisions of Section 6-305 relative
to the decision are applicable if the prayer of the petition is refused,
but if the commissioner grants the prayer of the petition, he shall so
publicly announce and shall make an order to incorporate the roads or
streets into the township or district road system and shall, within 5 days
thereafter, file one copy of such order in the office of the district clerk
and one copy with the county superintendent of highways.
In case the highway commissioner denies the prayer of the petition, any
3 of the petitioners may appeal to the county superintendent of highways by
filing a notice of appeal with the district clerk within 10 days from the
date of the decision appealed from, and in case the highway commissioner
grants the prayer of the petition any 3 land owners in the district may
appeal in like manner. In case of appeal the clerk shall transmit the
original petition to the county superintendent of highways, also the notice
of appeal. Upon receipt of the same the county superintendent of highways
shall fix a time and place for a public hearing thereon, giving notice
thereof and after the hearing shall render his decision thereon and record
and file the same in the manner hereinbefore provided in the case of the
hearing upon such petition by the highway commissioner of the district.
If no appeal is taken within 10 days from a decision allowing the prayer
of the petition the roads or streets described in the petition shall be
deemed to be incorporated into the township or district road system.
If an appeal is taken from the decision of the highway commissioner and
the county superintendent of highways allows the prayer of the petition the
roads or streets described in the petition shall be deemed to be
incorporated into the township or district road system, upon his decision
being filed with the clerk of the district.
In counties having more than 3,000,000 inhabitants, roads or streets in
platted subdivisions and dedicated to public use and roads or streets which
have been laid out and dedicated to public use may be included in and
incorporated into the township or district road system in the manner
specified in this Section, if such roads or streets conform to the rules,
specifications and regulations regarding location, width, grades, surface
and drainage structures established by the highway commissioner, the county
superintendent of highways and the county plan commission, if any.
The proceedings for that purpose shall be in accordance with the
provisions of Sections 6-303, 6-304 and 6-305 of this Code with
reference to laying out new roads, except as provided in this Section. The
petition shall pray that the streets or roads be incorporated into the
township or district road system, and if the petition is allowed the
decision shall order that the streets or roads be incorporated into the
township or district road system. The provisions of Sections 6-306 and 6-307 of
this Code are not applicable to the proceedings. The provisions of
Section 6-305 of this Code relative to notice and hearing are applicable
to the proceedings except the notice shall state the time when the
commissioner will examine the streets or roads and hear reasons for or
against incorporating them into the township or district road system and
the notice shall be posted in the vicinity of the street or road described
in the petition. The provisions of Section 6-305 relative to the decision
are applicable if the prayer of the petition is refused, but not applicable
if granted and in such case the provisions of this Section govern.
In case the highway commissioner denies the prayer of the petition any 3
of the petitioners may appeal to the county superintendent of highways by
filing a notice of appeal with the district clerk within 10 days from the
date of the decision appealed from, and in case the highway commissioner
grants the prayer of the petition any 3 land owners in the district may
appeal in like manner.
In case of appeal the clerk shall transmit the original petition to the
county superintendent of highways, also the notice of appeal.
Upon receipt of the same the county superintendent of highways shall fix
a time and place for a public hearing thereon, giving notice thereof and
after the hearing shall render his decision allowing or denying the prayer
of the petition and endorse the same on the petition and file the same with
the district clerk, within 5 days.
Any notice of appeal under the foregoing provisions shall be filed with
the clerk within 10 days after the decision of the highway commissioner.
If no appeal is taken from a decision allowing the prayer of the
petition the streets or roads described in the petition shall be deemed to
be incorporated into the township or district road system.
If an appeal is taken from the decision of the highway commissioner and
the county superintendent of highways allows the prayer of the petition the
streets or roads described in the petition shall be deemed to be
incorporated into the township or district road system, upon his decision
being filed with the clerk of the district.
The 7 preceding paragraphs of this Section shall apply only in counties
having more than 3,000,000 inhabitants.
(Source: P.A. 91-775, eff. 6-9-00.)
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(605 ILCS 5/6-326) (from Ch. 121, par. 6-326)
Sec. 6-326.
When a petition to lay out, widen, alter or vacate a district
road concerns a road in a county unit road district, such petition shall be
filed with the county superintendent of highways. Such county
superintendent shall have the powers and perform the duties of a highway
commissioner under the provision of this Division of this Code. An appeal
may be had from the decision of such county superintendent of highways on
such petition to the county board of the county.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-326.1) (from Ch. 121, par. 6-326.1)
Sec. 6-326.1.
Existing township and district roads may be temporarily
closed and reconstructed by the filing with the highway commissioner of the
district involved and with the County Superintendent of Highways of a
petition signed by all of the owners of the property contiguous to both
sides of that portion of the roadway to be temporarily closed and
reconstructed by the petitioners. A copy of this petition shall be
published in at least one newspaper published in the township or district
or, in the absence of such published newspaper, in at least one newspaper
of general circulation in the township or district or, in the absence of
such generally circulated newspaper, by posting copies of the petition in 5
of the most public places in the district in the vicinity of the road to be
temporarily closed and reconstructed. The Road Commissioner shall provide
for publication or posting at least 10 days prior to any decision on the
matter. If the commissioner is of the
opinion that the temporary closing of the road is in the public and
economic interest and that the temporary closing will not materially
interfere with the flow of traffic on the township and county road system
then, upon the approval of plans for the reconstruction of the road by the
District Commissioner and the County Superintendent of Highways and the
depositing with the commissioner of a contract and corporate surety bond
approved by the Highway Commissioner and the County Superintendent of
Highways properly guaranteeing the replacement of the road in as good or
better condition as existed prior to the closing, the commissioner may
temporarily close the road for a period not to exceed 3 years.
(Source: P.A. 79-510.)
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(605 ILCS 5/6-327) (from Ch. 121, par. 6-327)
Sec. 6-327.
Township and district roads for private and public use of the
widths of 50 feet or less may be laid out from one or more dwellings or
plantations to any public road, or from one public road to another, or from
one or more lots of land to a public road or from one or more lots of land
to a public waterway, on petition to the highway commissioner by any person
directly interested. Upon receiving such petition, proceedings shall be had
respecting the laying out of such road as in the case of other township and
district roads. In case the highway commissioner or upon appeal, the county
superintendent of highways, shall enter a preliminary order for the laying
out of such road, such highway officer or officers making such preliminary
order shall, if possible, and the parties are competent to contract, agree
upon the total amount of damages, together with the portion thereof to be
paid by the district, if any, as well as by each of the land owners
benefited by such road. In case such damages cannot be determined or
apportioned by agreement, the same shall be fixed as in the case of other
township and district roads. The amount of such damages shall be paid by
the person benefited thereby, to the extent and in proportion that they are
benefited as determined and declared by the court. The remainder of the
amount of damages, over and above that to be paid by the parties aforesaid,
if any, shall be paid by the district as in other cases. The amount of
damages to be paid by individuals shall be paid to the parties entitled
thereto, before the road shall be opened for use. In all other respects the
provisions of this Division of this Code relative to the opening, widening,
alteration or vacation of other township and district roads shall be
applicable also to the laying out, widening, alteration or vacation of
roads for private and public use: Provided that the cost of the
construction of the roadway, bridges and culverts and the maintenance
thereof shall be borne by the parties paying for such road.
(Source: Laws 1963, p. 2045.)
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(605 ILCS 5/6-328) (from Ch. 121, par. 6-328)
Sec. 6-328.
Whenever any township or district road is laid out, widened or
altered in accordance with this Division of this Code, the highway
commissioner shall cause a plat thereof to be made and recorded in the
office of the recorder of the county (or in the office of the
registrar of titles for the county if appropriate) in accordance with the
provisions of Section 9 of "An Act to revise the law in relation to plats",
approved March 21, 1874, as amended.
(Source: P.A. 83-358.)
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(605 ILCS 5/6-329) (from Ch. 121, par. 6-329)
Sec. 6-329.
Upon the vacation of any township or district road or part
thereof, the highway commissioner shall cause a legal description of the
road or part thereof vacated to be recorded in the office of the recorder
of the county. The recorder shall mark the plat previously
recorded in such manner as to show the vacation and to indicate the book
and page number where the description is recorded.
(Source: P.A. 83-358.)
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