Public Act 90-0179 of the 90th General Assembly
Public Act 90-0179
SB213 Enrolled LRB9001699MWpc
AN ACT to amend the Illinois Municipal Code by changing
Section 11-91-1.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Municipal Code is amended by
changing Section 11-91-1 as follows:
(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. But this ordinance shall be passed by the
affirmative vote of at least three-fourths of the aldermen,
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 equal to 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 may 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.
Section 99. Effective date. This Act takes effect upon
becoming law.