(765 ILCS 205/0.01) (from Ch. 109, par. 0.01)
Sec. 0.01.
Short title.
This Act may be cited as the Plat Act.
(Source: P.A. 86-1324.)
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(765 ILCS 205/1) (from Ch. 109, par. 1)
Sec. 1. (a) Except as otherwise provided in subparagraph (b) of this
Section whenever the owner of land subdivides it into 2 or more parts, any
of which is less than 5 acres, he must have it surveyed and a subdivision
plat thereof made by an Illinois Registered Land Surveyor, which plat must
particularly describe and set
forth all public streets, alleys, ways for public service facilities, ways
for utility services and community antenna television systems, parks,
playgrounds, school grounds or other public grounds, and all the tracts,
parcels, lots or blocks, and numbering all such lots, blocks or parcels
by progressive numbers, giving their precise dimensions. There shall be
submitted simultaneously with the subdivision plat, a study or studies which
shall show topographically and by profile the elevation of the land prior
to the commencement of any change in elevations as a part of any phase of
subdividing, and additionally, if it is contemplated that such elevations,
or the flow of surface water from such land, will be changed as a result
of any portion of such subdivision development, then such study or studies
shall also show such proposed changes in the elevations and the flow of surface
water from such land. The topographical and profile studies required hereunder
may be prepared as a subsidiary study or studies separate from, but of the
same scale and size as the subdivision plat, and shall be prepared in such
a manner as will permit the topographical study or studies to be used as
overlays to the subdivision plat. The plat must show all angular and linear
data along the exterior boundaries of the tract of land divided or subdivided,
the names of all public streets and the width, course and extent of
all public streets, alleys and ways for public service facilities. References
must also be made upon the plat to known and permanent monuments from which
future survey may be made and the surveyor must, at the time of making his
survey, set in such manner that they will not be moved by frost, good and
sufficient monuments marking the external boundaries of the tract to be
divided or subdivided and must designate upon the plat the points where
they may be found. These monuments must be placed at all corners, at each
end of all curves, at the point where a curve changes its radius, at all
angle points in any line and at all angle points along a meander line, the
points to be not less than 20 feet back from the normal water elevation
of a lake or from the bank of a stream, except that when such corners or
points fall within a street, or proposed future street, the monuments must
be placed in the right of way line of the street. All internal boundaries,
corners and points must be monumented in the field by like monuments as
defined above. These monuments 2 of which must be of stone or reinforced
concrete and must be set at the opposite extremities of the property platted,
placed at all block corners, at each end of all curves, at the points where
a curve changes its radius, and at all angle points in any line. All lots
must be monumented in the field with 2 or more monuments.
The monuments must be furnished by the person for whom the survey is made
and must be such that they will not be moved by frost. If any city, village
or town has adopted an official plan, or part thereof, in the manner prescribed
by law, the plat of land situated within the area affected thereby must
conform to the official plan, or part thereof.
(b) Except as provided in subsection (c) of this Section, the
provisions of this Act do not apply and no subdivision plat
is required in any of the following instances:
1. the division or subdivision of land into parcels | ||
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2. the division of lots or blocks of less than 1 acre | ||
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3. the sale or exchange of parcels of land between | ||
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4. the conveyance of parcels of land or interests | ||
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5. the conveyance of land owned by a railroad or | ||
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6. the conveyance of land for highway or other public | ||
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7. conveyances made to correct descriptions in prior | ||
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8. the sale or exchange of parcels or tracts of land | ||
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9. the sale of a single lot of less than 5 acres from | ||
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10. the preparation of a plat for wind energy devices | ||
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Nothing contained within the provisions of this Act shall prevent or
preclude individual counties from establishing standards, ordinances, or
specifications which reduce the acreage minimum to less than 5 acres, but
not less than 2 acres, or supplementing the requirements contained herein
when a survey is made by an Illinois Registered Land Surveyor and a plat
thereof is recorded, under powers granted to them.
(c) However, if a plat is made by an Illinois Registered Surveyor of
any parcel or tract of land otherwise exempt from the plat provisions of
this Act pursuant to subsection (b) of this Section, such plat shall be
recorded. It shall not be the responsibility of a recorder of deeds to
determine whether the plat has been made or recorded under this subsection (c)
prior to accepting a deed for recording.
(Source: P.A. 99-78, eff. 7-20-15.)
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(765 ILCS 205/1.01) (from Ch. 109, par. 1.01)
Sec. 1.01.
No area of land or any part thereof which has been disconnected
from any park district pursuant to Section 3-6b of "The Park District
Code", shall be subdivided into lots and blocks within one year from the
date of such disconnection. No plan of any such proposed subdivision shall
be presented by any person for recording or registration within such one
year period unless the land comprising such proposed subdivision has
thereafter been incorporated into a city, village or incorporated town.
(Source: Laws 1965, p. 2712.)
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(765 ILCS 205/1.02) (from Ch. 109, par. 1.02)
Sec. 1.02.
When any city, village, municipal corporation or political
subdivision in the State annexes or disconnects territory, a plat of the
land included in the disconnection or annexation must be filed with the
recorder in the county or counties where the territory is located.
In counties where the county clerk is not also the county recorder, a copy
of the plat shall also be filed with the county clerk. Each plat shall
state a legal description or descriptions sufficient to identify the
boundaries of the annexed or disconnected territory, by reference to
government surveys or by metes and bounds, including the section, township
and range in which the territory is located. Such a plat must be prepared by a
Registered Land Surveyor or in the case of cities, villages and incorporated
towns by a Registered Land Surveyor or a duly employed municipal engineer
registered under the laws of the State of Illinois, provided such engineer has
had training in the field of civil engineering.
(Source: P.A. 87-1189.)
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(765 ILCS 205/1.005)
Sec. 1.005.
School district statement.
(a) When an owner is required to file a plat pursuant to Section 1 of this
Act, the owner shall submit simultaneously with the subdivision plat a
notarized statement indicating, to the best of the owner's knowledge, the
school district in which each tract, parcel, lot, or block lies.
(b) An owner who knowingly files an incorrect statement under this Section
is liable for damages to any subsequent purchaser of the property who relies on
the incorrect statement to
that person's detriment.
(Source: P.A. 90-286, eff. 1-1-98.)
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(765 ILCS 205/2) (from Ch. 109, par. 2)
Sec. 2.
The plat must be completed, a statement from a Registered Land
Surveyor attached and acknowledged by the owner of the land, or his
attorney duly authorized, in the same manner as deeds of land are required
to be acknowledged. The plat must be submitted to the city council of the
city or board of trustees of the village or town or to the officer
designated by them, for their or his approval, if the land subdivided is
located within the corporate limits of any such city, village or town or
within contiguous territory which is affected by an official plan, or part
thereof, of any city, village or town. If the land subdivided is located
outside the corporate limits of any city, village or town and is not
affected by such official plan, or part thereof, the plat must be
submitted to the county board of the county in which the land is located
for its approval. Within 3 business days after a plat is submitted for
approval, the city council, board of trustees, designated officer, or
county board shall notify the president of the school board of each school
district in which any of the subdivided land is located that the plat has
been submitted for approval and that it is available for inspection. The
notice shall also give the date, time, and place of the hearing on approval
or disapproval of the plat. The notice shall be served by certified mail,
return receipt requested, or by personal delivery. Failure to notify the
school board as required by this Section does not invalidate the plat.
Neither the city council of the city, the board of
trustees of the village or town or the officer designated by them, or
the county board of the county shall approve such plat, unless, in
addition to any other requirements of such council, board of trustees or
county board or the officer or officers designated by them, the
topographical and profile studies to be submitted with the subdivision
plat have on their face the signed statement of a Registered Professional
Engineer, and the owner of the land or his duly authorized attorney, to
the effect that to the best of their knowledge and belief the drainage
of surface waters will not be changed by the construction of such
subdivision or any part thereof, or, that if such surface water drainage
will be changed, reasonable provision has been made for collection and
diversion of such surface waters into public areas, or drains which the
subdivider has a right to use, and that such surface waters will be planned
for in accordance with generally accepted engineering practices so as to
reduce the likelihood of damage to the adjoining property because of the
construction of the subdivision. The topographical and profile
studies required herein shall not be recorded, but shall be retained and
filed by city, village or county to which submitted for approval of the
subdivision plat, as permanent public documents.
Neither the city council of the city, the board of trustees of the
village or town or the officer designated by them, or the county board of
the county shall approve such plat, unless, in addition to any other
requirements of such council, board of trustees or county board or the
officer or officers designated by them, the plat has been approved in
writing (i) except in municipalities with a population of 1,000,000 or
more, by the Illinois Department of Transportation with respect to
roadway access where such access is to a state highway, (ii) by the
relevant local highway authority with respect to all other roadway access,
and (iii) by the local health department, if one exists, with respect to
sewage disposal systems if any part of the platted land will not be served
by a public sewer system. An applicant shall simultaneously file with
the Illinois Department of Transportation, relevant local highway
authority, or local health department, as appropriate, a copy of the
application for preliminary approval of a proposed plat that is filed with
the municipality or county. The department or authority receiving the
application shall review the application based solely upon safety or access
control standards and provide written approval or disapproval to the
municipal or county plan commission and to the municipal or county
corporate authorities not later than 90 days from the date the application
is received. The 90 day period may be changed by mutual agreement. If
disapproved, the department or authority shall provide reasons for the
disapproval related to safety or access control standards and identify
improvements that will remove the disapproval. The municipal or county
corporate authorities may approve the plat once the improvements have been
incorporated into the application or in the event that the department or
authority fails to respond in writing to the municipality or county within
the 90 day period or other period established by mutual agreement. The
failure of the city council of a municipality with a population of
1,000,000 or more to obtain approval of a plat in writing by the Illinois
Department of Transportation with respect to roadway access where such
access is to a State highway, prior to the approval of any such plat as
required by this Section, where such failure occurred on or after January
1, 1988 and before the effective date of this amendatory Act of 1989, shall
not affect the validity of such plat, and any such plat otherwise complying
with the provisions of this Section is validated.
The statement of the Registered Land Surveyor and of
acknowledgment, together with the plat, must be recorded by the Land
Surveyor who prepared the plat, or a person designated by that Land
Surveyor, or upon the death, incapacity, or absence of that Land Surveyor,
by the owner of the land or his or her representative, in the
recorder's office of the county in which the land is situated, or if the
title to the land is registered under the Land Titles Act, must be filed
in the office of the registrar of titles for the county, and such
acknowledgment and recording or such acknowledgment and filing as
aforesaid, shall have like effect and certified copies thereof and of
such plat, or of any plat heretofore acknowledged and certified
according to law, may be used in evidence to the same extent and with
like effect, as in case of deeds. The recorder or registrar of
titles shall not record or register a plat offered for recording or
registration after October 1, 1977, unless such plat is at least 8 1/2
inches by 14 inches but not more than 30 inches by 36 inches. In
counties of 1,000,000 or more population the recorder or the
registrar of titles must not record or register the plat unless the
persons submitting the plat for recording or registration simultaneously
therewith deliver to the recorder or registrar of titles 6 true
and exact copies thereof. In all counties, the recorder or registrar of
titles shall not record or register a plat, unless the plat states the
current mailing address of the person submitting the plat for recording or
registration. Any changes to the unrecorded plat as may be desired or
required by any party must be made by the Registered Land Surveyor who
prepared the original plat, and in the event of the death, incapacity, or
absence of that Land Surveyor, by another Registered Land Surveyor who
shall specifically identify the change or changes made on the face of the plat.
An original plat, having been properly certified, acknowledged, approved
and recorded or filed as above provided in this Section, may be retained as
the permanent record by the recorder or registrar.
(Source: P.A. 86-284; 86-768; 86-1028; 86-1238; 86-1349; 86-1475; 87-705.)
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(765 ILCS 205/3) (from Ch. 109, par. 3)
Sec. 3.
The acknowledgment and recording of such plat, or the
acknowledgment and the filing of the same shall be held in
all courts to be a conveyance in fee simple of
such portions of the
premises platted as are marked or noted on such plat as donated or granted
to the public, or any person, religious society, corporation or body
politic, and as a general warranty against the donor, his or her heirs and
representatives, to such donee or grantee, for their use or for the use and
purposes therein named or intended, and for no other use or
purpose; and
the premises intended for any street, alley, way, common or other public
use in any city, village or town, or addition thereto, shall be held in the
corporate name thereof in trust to and for the uses and purposes set forth
or intended.
(Source: P.A. 83-345.)
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(765 ILCS 205/4) (from Ch. 109, par. 4)
Sec. 4.
Whoever shall lay out any town or make any addition to any city, village
or town, or re-subdivide any lots or blocks therein, and neglect to plant
any corner stone when required by this Act, or shall survey the same or
cause it to be surveyed in any other manner than that which is prescribed
in this Act, shall be guilty of a petty offense and fined in any sum not
less than $25 nor exceeding $100.
(Source: P.A. 77-2561.)
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(765 ILCS 205/5) (from Ch. 109, par. 5)
Sec. 5.
Whoever sells or leases for any time
exceeding five
years, any lot or block in or outside of any town, city or village before
all the requirements of this Act have been complied with, shall be guilty
of a petty offense and fined $25 for each lot or block or part thereof so
disposed of or leased.
Nothing in this Section shall prohibit an offer of sale or acceptance of
deposit by a seller before compliance with the requirements of this Act,
provided that compliance occurs before conveyance of any deed to the property.
(Source: P.A. 90-308, eff. 8-1-97.)
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(765 ILCS 205/5a) (from Ch. 109, par. 5a)
Sec. 5a.
The recorder or the Registrar of Title of any county shall
not record deeds or leases which attempt to convey property contrary to the
provisions of this Act. In case of doubt, the recorder or the
Registrar of Title of any county may require the person presenting such
deed or lease to give evidence of the legality of a conveyance by an
affidavit as to the facts which exempt such conveyance from the provisions
of this Act.
(Source: P.A. 83-358.)
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(765 ILCS 205/6) (from Ch. 109, par. 6)
Sec. 6.
Any plat may be vacated by the owner of the premises at any time
before the sale of any lot therein, by a written instrument to which a copy
of the plat is attached, declaring it to be vacated. If there are public
service facilities in the highways, streets, alleys and other public ways
and in easements shown on the plat, the instrument shall reserve
to the public body or public utility owning such facilities, the property,
rights of way and easements necessary for continuing public service by means
of those facilities and for the maintenance, renewal and reconstruction
of the same. The instrument shall be approved by the city council or village
or county board in the same manner as plats of subdivisions. The instrument
shall also be submitted for approval to the Highway Commissioner and to
the county engineer or superintendent of highways and to the
District Engineer of the Department of Transportation of this
State and to the public utility or utilities involved. The council, board,
Highway Commissioner, county engineer or superintendent of highways or
District Engineer of the Department of Transportation of this State, as the
case may be, may reject any instrument that abridges or destroys any public
rights in any of its streets and alleys. The instrument shall be executed,
acknowledged or proved and recorded or filed in the same manner as plats or
subdivisions. Once recorded or filed the instrument operates to
destroy the effect of the recording of the plat vacated and to divest
all public rights in the streets, alleys and public grounds and all
dedications laid out or described in the plat and to render effective
any reservation set forth in the instrument as provided in this Section.
When lots have been sold the plat may be vacated in the manner provided
in this Section by all the owners of lots in the plat joining in the
execution of the writing.
(Source: P.A. 87-217.)
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(765 ILCS 205/7) (from Ch. 109, par. 7)
Sec. 7.
Any part of a plat may be vacated in the manner provided in the
preceding section, and subject to the conditions therein prescribed:
Provided, such vacation shall not abridge or destroy any of the rights or
privileges of other proprietors in such plat: And, provided, further, that
nothing contained in this section shall authorize the closing or
obstructing of any public highway laid out according to law.
(Source: R.S. 1874, p. 771.)
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(765 ILCS 205/8) (from Ch. 109, par. 8)
Sec. 8.
When any plat or part thereof is vacated the recorder or registrar
of titles in whose office the plat is recorded or filed as aforesaid,
shall, upon the recording of such vacation, write in plain letters across
the plat or part so vacated the word "vacated," and shall also make a
reference on the same to the volume and page in which the instrument of
vacation is recorded.
(Source: Laws 1921, p. 677.)
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(765 ILCS 205/9) (from Ch. 109, par. 9)
Sec. 9.
Whenever any highway, road, street, alley, public ground,
toll-road, railroad, reservoir or canal is laid out, located, opened,
widened or extended, or its location altered, it is the duty of the
commissioners, authorities, officers, persons or corporations, public or
private, laying out, locating, opening, widening, extending or altering
the same, to make a plat, showing its width, courses and extent, and
making reference to known and established corners or monuments. When
the location of a subdivision, lots or parcel within a subdivision,
tract, highway, road, street, alley, public ground, toll-road, railroad,
reservoir or canal is known either by established corners or adequate,
existing records, the monument or monuments shall be located and
referenced either by or under the direction of a Registered Land
Surveyor at the time such highway, road, street, alley, public ground,
toll-road, railroad, reservoir or canal is laid out, located, widened or
extended, or its location altered. Suitable permanent monuments shall
be reset in the surface of new construction or permanent witness
monuments set to perpetuate their location and certified as correct by a
Registered Land Surveyor. The plat shall be recorded in the office of
the recorder of the county in which the premises are taken or used, or
any part thereof, are situated, or in case of land the title to which is
registered under "An Act concerning land titles", approved May 1, 1897,
as amended, to be filed in the office of the registrar of titles for the
county, within 6 months after such highway, road, street, alley, public ground,
toll-road, railroad, reservoir or canal is laid out, located, opened, widened,
or extended, or the location thereof altered and when any highway, road,
street, alley, public ground, toll-road, railroad, reservoir or canal is
vacated, the order, ordinance or other declaration of vacation must be in like
manner recorded or filed. The recorder or registrar of titles shall not record
or register a plat offered for recording or registration after October 1, 1977,
unless such plat is at least 8 1/2 inches by 14 inches but not more than 30
inches by 36 inches. Sufficient controlling monuments
shall be retained or replaced in their original positions or reference
monuments established from original controlling monuments, so as to enable land
lines, property corners or tract boundaries to be re-established without
surveys based on monuments differing from the ones which currently control the
area. Every land surveyor is under a duty to cooperate in matters of maps,
field notes and other pertinent records. This Act shall not be construed to
alter or affect any law specifically providing for the recording or filing of
any plat, or to require the same to be recorded or filed sooner than is so
specifically provided; except that any requirements to record or file such plat
in any other place than is provided herein do not excuse the parties from
complying with this Act. Any party who refuses or neglects to comply with this
Section shall be guilty of a petty offense for every month he continues in such
refusal or neglect after conviction, to be recovered by an action in the
circuit court of the county, in the name of the county, 1/2 to the use of the
county and the other 1/2 to the use of the person complaining.
The provisions of this Section shall not apply to a railroad subject to the
jurisdiction of the Interstate Commerce Commission or any abandonment of all or
a portion of such railroad, except that the provisions of this Section shall
apply to the construction of a new line of railroad.
(Source: P.A. 88-81.)
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(765 ILCS 205/9.1) (from Ch. 109, par. 9.1)
Sec. 9.1.
When any county or township authority proposes to extend or
widen a public highway by obtaining easements from abutting property owners
without transfer of land titles, then such map or plat of the land parcels
involved in the easement must be prepared by a Registered Land Surveyor or
by a duly employed county engineer or superintendent of highways
registered as an engineer under the laws of the State of Illinois.
(Source: P.A. 87-217.)
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(765 ILCS 205/10) (from Ch. 109, par. 10)
Sec. 10.
Whenever it shall come to the knowledge of the recorder
or of the registrar of titles of any county that any of the provisions of
this Act have been violated, it shall be his duty to notify the State's
attorney of the fact, and the State's attorney shall immediately institute
proceedings, and prosecute the same to final judgment against the person
offending.
(Source: P.A. 83-358.)
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(765 ILCS 205/11) (from Ch. 109, par. 10.1)
Sec. 11.
Any unauthorized person who knowingly damages, destroys or removes a
stake, pin, monument or other survey marker shall, be guilty of a Class A
misdemeanor. For purposes of this Section, a surveyor who moves a stake,
pin, monument or other survey marker for the purpose of correcting a survey
is an authorized person.
(Source: P.A. 77-2561.)
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(765 ILCS 205/56) Sec. 56. Duty of counties issuing building/improvement permits. Counties that are authorized by law to exercise land use control through a building/improvement permit process may deny the issuance of a building permit for building or other improvement to be constructed on a parcel of land subdivided contrary to the provisions of this Act.
(Source: P.A. 93-744, eff. 7-15-04.) |