Public Act 099-0156
 
HB3622 EnrolledLRB099 10501 MGM 30728 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Department of Natural Resources 
(Conservation) Law of the
Civil Administrative Code of Illinois 
is amended  by adding Section 805-565 as follows:
 
    (20 ILCS 805/805-565 new)
    Sec. 805-565. Road vacation. 
    (a) Whenever the Department of Natural Resources 
determines that the public use or public interest will be 
served by vacating any plat of subdivision, street, roadway, or 
driveway, or part thereof, located within Department owned 
lands, it may vacate that plat of subdivision, street, roadway, 
or driveway, or part thereof, by approval of the Governor.
    (b) The determination of the Department that the nature and 
extent of the public use or public interest to be served 
warrants the vacation of any plat of subdivision, street, 
roadway, or driveway, or part thereof, is conclusive, and the 
approval of the vacation is sufficient evidence of that 
determination, whether so recited in the vacation or not. The 
relief to the public from further burden and responsibility of 
maintaining any plat of subdivision, street, roadway, or 
driveway, or part thereof, constitutes a public use or public 
interest authorizing the vacation. 
    (c) Nothing contained in this Section shall be construed to 
authorize the Department to vacate any plat of subdivision, 
street, roadway, or driveway, or part thereof, that is part of 
any currently maintained and used State or county highway 
without obtaining the approval of the Department of 
Transportation (in the case of a State highway) or the 
appropriate county highway department (in the case of a county 
highway). 
    (d) Title to the land in fee simple included within the 
plat of subdivision, street, roadway, or driveway, or part 
thereof, so vacated vests in the Department except: 
        (1) in cases in which the deed, or other instrument 
    dedicating a plat of subdivision, street, roadway, or 
    driveway, or part thereof, has expressly provided for a 
    specific devolution of the title thereto upon the 
    abandonment or vacation thereof; or 
        (2) where the street, roadway, or driveway, or part 
    thereof, is held by the Department by lease, or when the 
    Department holds an easement in the land included within 
    the plat of subdivision, street, roadway, or driveway.