Illinois Compiled Statutes
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605 ILCS 5/9-127
(605 ILCS 5/9-127)
(from Ch. 121, par. 9-127)
(a) Except as provided in subsections (b),
(c), and (d)
and in cases
where the deed, or other instrument, dedicating
a highway or part thereof, has expressly provided for a specific devolution
of the title thereto upon the abandonment or vacation thereof, whenever any
highway or any part thereof is vacated under or by virtue of any Act of
this State or by the highway authority authorized to vacate the highway,
the title to the land included within the highway 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 highway had been
dedicated by a common law plat (as distinguished from a statutory plat) and
as though the fee of the highway had been acquired by the owners as a part
of the land abutting on the highway except, however, such vacation shall
reserve to any public utility with facilities located in, under, over or upon
the land an easement for the continued use, if any, by such public utility.
(b) When any highway authority determines to vacate a highway under
its jurisdiction, or part thereof, established within a subdivision by a
statutory plat, that authority may vacate such highway and convey the
highway authority's interest in such highway to any bona fide organization
of property owners of the subdivision which (1) is so organized as to be
able to receive, hold and convey real property, (2) has petitioned the
highway authority for the vacation of the highway, and (3) undertakes to
develop the property for the use and benefit of the public. If the
association abandons the property, it passes as provided in subsection (a).
(c) When any highway authority determines to vacate a highway or part of a
its jurisdiction established within a subdivision by a
statutory plat, that authority may vacate the highway and convey the
highway authority's interest in the highway to any township road district which
(1) has petitioned the highway authority for the vacation of the highway and
(2) undertakes to develop the property as a bike path or alley
for the use and benefit of the public. If the property is subsequently
incorporated within a municipality, the township road district may transfer its
interest to the municipality. If the township road district or municipality
abandons the property, it passes as provided in subsection (a).
(d) When any highway authority determines to vacate a highway or a part of a highway under its jurisdiction, the authority may sell the vacated highway property to any third party at fair market value if (1) the authority has either a fee simple interest in the vacated highway property or a dedication of that property by statutory plat and (2) the right of first refusal with regard to the vacated highway property has been granted to adjoining landowners for fair market value.
(Source: P.A. 93-321, eff. 7-23-03; 94-476, eff. 8-4-05.)