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: (Engrossed) 2017-05-26 - Final Action Deadline Extended-9(b) May 31, 2017 [SB1449 Detail]

Download: Illinois-2017-SB1449-Engrossed.html



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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 Engrossed- 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.
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