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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.
ROADS AND BRIDGES (605 ILCS 5/) Illinois Highway Code. 605 ILCS 5/6-326
(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
(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
(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
(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
(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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605 ILCS 5/Art. 6 Div. 4
(605 ILCS 5/Art. 6 Div. 4 heading)
DIVISION 4.
CONSTRUCTION AND MAINTENANCE OF TOWNSHIP AND DISTRICT ROADS
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605 ILCS 5/6-401
(605 ILCS 5/6-401) (from Ch. 121, par. 6-401)
Sec. 6-401.
If any highway commissioner fails or refuses to repair or
maintain any road or section of a road in his district within 10 days after
he is given a notice in writing signed by 3 landowners of such district,
that such road or section of a road is in need of repair or maintenance,
any 3 landowners in such district may petition the county superintendent of
highways that such road or section thereof is in need of repair, or is not
properly maintained by the highway commissioner. The county superintendent
of highways shall set a day, not less than 10 nor more than 20 days after
such petition is filed with him, for hearing the complaint alleged in such
petition, and shall cause 10 days notice of such hearing to be given
addressed "to all persons interested" by posting notices of such hearing in
5 of the most public places in such district in the vicinity of the road or
section of road described in the petition and also by delivering a copy of
such notice to such commissioner or mailing a copy thereof to such
commissioner at his post office address, postage prepaid.
If the county superintendent of highways determines as a result of such
hearing that the road described in the petition is in need of repair, or is
not properly maintained by the highway commissioner of the district, he
shall order the highway commissioner of the district to make such repairs
as appear to him to be proper or necessary, or to properly maintain such
road or section of road.
If any highway commissioner wilfully disobeys the order of the county
superintendent of highways issued in pursuance to this section, when there
are sufficient funds to permit a compliance with such order, he shall be
guilty of a petty offense, and shall upon proper proceedings being brought
in the circuit court of the county, be subject to removal from office.
(Source: P.A. 79-1366.)
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605 ILCS 5/6-402
(605 ILCS 5/6-402) (from Ch. 121, par. 6-402)
Sec. 6-402.
Bridges or culverts on roads on district lines, except as
provided in Section 5-503 of this Code, shall be constructed and repaired
by such districts and the expense of such construction and repair shall be
borne in proportion to the assessed value of the taxable property in the
respective districts according to the last preceding equalized assessment
thereof prior to such construction or repair; or the commissioners of such
adjoining road districts may enter into joint contracts, which may provide
for any just division of cost. Such contracts may be
judicially enforced against such commissioners jointly, the same as if entered
into by individuals, and such commissioners may be proceeded against
jointly by any parties interested in such bridges or culverts, for any
neglect of duty in reference to such bridges or culverts, or for any damage
growing out of such neglect.
(Source: P.A. 83-345.)
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605 ILCS 5/6-404
(605 ILCS 5/6-404) (from Ch. 121, par. 6-404)
Sec. 6-404.
Approaches to all bridges and culverts constructed under and by
virtue of Section 6-402 shall be constructed and maintained by
the respective road districts within which such approach or approaches may
be located, and all approaches to all such bridges and culverts, as have
heretofore been constructed jointly by 2 or more districts shall be maintained
by the respective districts within which such approaches are located.
(Source: P.A. 84-962.)
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605 ILCS 5/6-405
(605 ILCS 5/6-405) (from Ch. 121, par. 6-405)
Sec. 6-405.
When any road district desires to construct or repair any
bridge or culvert as provided in Section 6-402, and has appropriated its
share of the cost of constructing or repairing the same it shall be the
duty of such other road district to make an appropriation for its
proportionate share of the expense of such construction or repair. If such
other road district fails or refuses to make such appropriation any court
of competent jurisdiction, upon a proper petition for that purpose, shall
issue an order to compel such other road district to make such
appropriation; or the road district which has made its appropriation, may,
after giving due notice to the other road district, proceed with the
construction or repair of the bridge or culvert, and, if the construction
or repair is reasonable in kind and cost, may recover from the other road
district, by suit, such proportionate share of the expense as the other
road district is liable for, with costs of the suit and interest from the
time of the completion of the construction or repair. However, if the
expense of the construction or repair of the bridge or culvert is
unreasonable then the road district may recover only the other road
district's proportionate share of an amount equal to a reasonable expense
for the construction or repair.
(Source: Laws 1959, p. 196.)
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605 ILCS 5/6-406
(605 ILCS 5/6-406) (from Ch. 121, par. 6-406)
Sec. 6-406.
When a joint contract has been made in accordance with Section
6-402, and if the commissioner of either of such road districts, after
reasonable notice in writing from the commissioner of any other road
district, neglects or refuses to construct or repair any bridge or culvert,
the commissioner so giving notice, after constructing or repairing the
same, may recover by suit such amount as may have been contracted for in
accordance with Section 6-402 of this Code, of the expense of so
constructing or repairing such bridge or culvert together with costs of
suit and interest from time of completion thereof, from the road district
so neglecting or refusing.
(Source: P.A. 84-962.)
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605 ILCS 5/6-407
(605 ILCS 5/6-407) (from Ch. 121, par. 6-407)
Sec. 6-407.
(Repealed).
(Source: P.A. 81-693. Repealed by P.A. 93-704, eff. 7-9-04.)
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605 ILCS 5/6-408
(605 ILCS 5/6-408) (from Ch. 121, par. 6-408)
Sec. 6-408. Contracts for constructing and repairing roads and bridges on
road district lines shall be let by the highway commissioners of the 2
districts who shall meet and act together when taking action upon the
letting of such contract for the construction or repair of such roads and
bridges, or acceptance of the work.
(Source: P.A. 93-704, eff. 7-9-04 .)
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605 ILCS 5/6-409
(605 ILCS 5/6-409) (from Ch. 121, par. 6-409)
Sec. 6-409.
No contract so made shall be considered as let unless the
contractor shall, within 15 days after the final award of the same, enter
into contract and file a bond with good and sufficient sureties with the
highway commissioner, in the penal sum at least equal to the amount of the
contract, payable to the commissioner of the district, upon failure to
comply with the conditions of such contract.
(Source: Laws 1959, p. 196.)
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605 ILCS 5/6-410
(605 ILCS 5/6-410) (from Ch. 121, par. 6-410)
Sec. 6-410. All final payments on contracts for the construction or repair
of roads, including the constructing or repairing bridges or culverts,
shall be made payable as soon as the work under such contract is completed
and accepted by the highway commissioner. The highway commissioner shall submit all warrants, bills and
orders for such final payments to the township board of trustees or the
highway board of auditors within 30 days after the receipt of the bill.
(Source: P.A. 94-59, eff. 6-17-05.)
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