Bill Text: IL SB1449 | 2017-2018 | 100th General Assembly | Engrossed
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2019-01-09 - Session Sine Die [SB1449 Detail]
Download: Illinois-2017-SB1449-Engrossed.html
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| 1 | AN ACT concerning transportation.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Highway Code is amended by adding | ||||||
| 5 | Section 6-801.5 as follows:
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| 6 | (605 ILCS 5/6-801.5 new) | ||||||
| 7 | Sec. 6-801.5. Township road district; private roadway | ||||||
| 8 | acquisition. | ||||||
| 9 | (a) An owner of real property that (1) is located within | ||||||
| 10 | the unincorporated boundaries of a township road district; and | ||||||
| 11 | (2) has a residential roadway considered to be a private | ||||||
| 12 | roadway, may transfer title to the roadway and any necessary | ||||||
| 13 | easements to the township road district. Subject to approval by | ||||||
| 14 | the township board of trustees, the highway commissioner shall | ||||||
| 15 | formalize the transfer by entering into a binding written | ||||||
| 16 | agreement with the owner or owners of the private roadway on | ||||||
| 17 | behalf of the township road district. The agreement may include | ||||||
| 18 | a provision for allocation of initial costs and fees for the | ||||||
| 19 | construction or repair of the roadway at the time of transfer | ||||||
| 20 | between the property owner or owners and the township road | ||||||
| 21 | district. After approval of the agreement, the township board | ||||||
| 22 | of trustees shall notify all municipalities adjacent to the | ||||||
| 23 | roadway of the transfer and the written agreement shall be | ||||||
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| 1 | filed with the township clerk and the Department's Central | ||||||
| 2 | Bureau of Local Roads and Streets. | ||||||
| 3 | (b) Upon the effective date of transfer and after any | ||||||
| 4 | initial costs and fees allocated under the written agreement, | ||||||
| 5 | the roadway shall be maintained, repaired, and serviced by the | ||||||
| 6 | township road district. | ||||||
| 7 | (c) Rules, specifications, and regulations regarding | ||||||
| 8 | location, width, grades, surface, and drainage structures | ||||||
| 9 | applicable to township road district roads that apply on the | ||||||
| 10 | date of the transfer shall not apply to a roadway transferred | ||||||
| 11 | under this Section. | ||||||
| 12 | (d) This Section shall only apply to areas that meet the | ||||||
| 13 | following 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.
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| 24 | Section 99. Effective date. This Act takes effect upon | ||||||
| 25 | becoming law.
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