100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1449
 
Introduced 2/9/2017, by Sen. Emil Jones, III
 
SYNOPSIS AS INTRODUCED:
 

 
605 ILCS 5/6-801.5 new

     Amends the Illinois Highway Code. Provides that an owner of real property that is located within the unincorporated boundaries of a township road district and has a residential roadway considered to be a private roadway, may transfer title to the roadway and any necessary easements to the township road district by entering into a binding written agreement with the township road district. Provides that the written agreement may include a provision for allocation of initial costs and fees for the construction or repair of the roadway at the time of transfer. Provides that upon the effective date of transfer and after any initial costs and fees allocated under the agreement, the  roadway shall be maintained, repaired, and serviced by the township road district. Provides criteria for a roadway to be transferred in this manner. Effective immediately.
  


LRB100 09826 AXK 19996 b

 
 
A BILL FOR
 

  
SB1449LRB100 09826 AXK 19996 b


  
1    AN ACT concerning transportation.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Illinois Highway Code is amended  by adding 
5Section 6-801.5 as follows:
 
6    (605 ILCS 5/6-801.5 new)
7    Sec. 6-801.5. Township road district; private roadway 
8acquisition. 
9    (a) An  owner of real  property that (1) is located within 
10the unincorporated boundaries of a township road district; and 
11(2) has a residential roadway considered to be a private 
12roadway, may transfer title to the roadway and any necessary 
13easements to the township road district. Subject to approval by 
14the township board of trustees, the highway commissioner shall 
15formalize the transfer by entering into a binding written 
16agreement with the  owner or owners of the private roadway on 
17behalf of the township road district. The agreement may include 
18a provision for allocation of initial costs and fees for the 
19construction or repair of the roadway at the time of transfer 
20between the property owner or owners and the township road 
21district. After approval of the agreement, the township board 
22of trustees shall notify all municipalities adjacent to the 
23roadway of the transfer and the written agreement shall be 
 
 
SB1449- 2 -LRB100 09826 AXK 19996 b

1filed with the township clerk and the Department's Central 
2Bureau of Local Roads and Streets.
3    (b) Upon the effective date of transfer and after any 
4initial costs and fees allocated under the written agreement, 
5the roadway shall be maintained, repaired, and serviced by the 
6township road district.
7    (c) Rules, specifications, and regulations regarding 
8location, width, grades, surface, and drainage structures 
9applicable to township road district roads that apply on the 
10date of the transfer shall not apply to a roadway transferred 
11under this Section.
12    (d) This Section shall only apply to areas that meet the 
13following qualifications:
14        (1) the roadway to be transferred shall be located 
15    within the boundaries of a county whose population is no 
16    less than 500,000  as determined by the most recent U.S. 
17    Census;
18        (2) the roadway is fully within the boundaries of the 
19    township road district; and
20        (3) the roadway may not be part of a gated community, 
21    be subject to a guard post, have any physical obstructions, 
22    or have any signs that prevent ongoing and regular access 
23    by the general public. 
 
 
24    Section 99. Effective date. This Act takes effect upon 
25becoming law.