[8-3-2015]
A.
Upon the Village Board's determination that the public interest
will be served thereby, the Village Board may adopt an ordinance to
vacate a street or alley or a part thereof, upon an affirmative vote
of 2/3 of the Trustees then holding office, but at least four votes
are required, during a regular or special Village Board meeting. Notice
of the meeting and subject matter of the ordinance to be considered
shall be in accordance with the Illinois Open Meetings Act.[1] The ordinance may provide that it shall not become effective
until the owners of all property or the owners of a particular parcel
or parcels of property abutting upon the street or alley, or part
thereof so vacated, shall pay compensation in an amount which, in
the judgment of the Village Board, shall be the fair market value
of the property acquired or of the benefits which will accrue to them
by reason of that vacation. If there are any public service facilities
in such street or alley, or part thereof, the ordinance may also reserve
to the Village or to the public utility, as the case may be, owning
such facilities such property, rights-of-way and easements as, in
the judgment of the Village Board, are necessary or desirable for
continuing public service by means of those facilities and for the
maintenance, renewal and reconstruction thereof. If the ordinance
provides that only the owner or owners of one particular parcel of
abutting property shall make payment, then the owner or owners of
the particular parcel shall acquire title to the entire vacated street
or alley, or the part thereof vacated.
[1]
Editor's Note: See 5 ILCS 120/1 et seq.
B.
The determination of the Village Board that the nature and extent
of the public use or public interest to be subserved is such as to
warrant the vacation of any street or alley, or part thereof, is conclusive,
and the passage of such an ordinance is sufficient evidence of that
determination, whether so recited in the ordinance or not. The relief
to the public from further burden or responsibility of maintaining
any street or alley, or part thereof, constitutes a public use or
public interest authorizing the vacation.
