There Is a Newer Version of the Illinois Compiled Statutes
2005 Illinois 65 ILCS 5/ Illinois Municipal Code. Division 91 - Vacating of Streets and Alleys
(65 ILCS 5/Art. 11 Div. 91 heading)DIVISION 91.
VACATING OF STREETS AND ALLEYS
(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 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 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. 93‑383, eff. 7‑25‑03; 93‑703, eff. 7‑9‑04.)
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(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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