605 ILCS 5/8-106
2021 Illinois Compiled Statutes|Chapter 605 - ROADS AND BRIDGES|605 ILCS 5/ - Illinois Highway Code.|Article 8 - Freeways

 (from Ch. 121, par. 8-106)Sec. 8-106.         When as a result of an engineering and traffic study it is  determined that it is necessary to traffic safety and convenience, the  Department, or county board of any county may:(a) Relocate the crossing or junction at grade of the freeway with any  existing highway, road, street, alley or other public way or eliminate such  crossing or junction at grade by carrying such public way over or under the  freeway or by connecting it to a local service drive and may relocate or  alter any such intersecting public ways in such manner as is necessary  thereto. The Department, or county board, shall have the right to acquire  by purchase or condemnation, in the manner the Department or county board  now is, or hereafter may be authorized by law, all property and property  rights necessary for such relocations and grade separations. The  Department, and the county board is authorized to maintain, or to enter  into maintenance agreements with the agencies having jurisdiction over the  public ways prior to said relocation, for the public ways so relocated; or(b) Eliminate the crossing or junction at grade of the freeway with any  existing highway, road, street, alley or other public way by closing such  public way at its intersection with the boundary of the freeway subject to  the following conditions:(1) Where the freeway is not a part of the National System of Interstate  and Defense Highways or is not a highway where the authority to control  access has been exercised to permit access only at certain selected public  roads, by agreement with the county, road district, municipality or other  authority having jurisdiction over the public way to be closed; or(2) Where the freeway is a part of the National System of Interstate and  Defense Highways or is a highway where the authority to control access has  been exercised to permit access only at certain selected public roads, the  Department and county board may close such public way, but only after  holding a public hearing, in the county where the crossing or junction at  grade is situated, at which hearing the needs of local traffic and the  effect of such closing on other highways in the locality shall be  considered. Such hearing shall be held prior to the preparation of final  construction plans, but only after reasonable notice has been given, and  shall be conducted in accordance with rules and regulations prescribed by  the Department. No crossings shall be eliminated which shall unduly  discommode or interfere with local traffic, or will destroy reasonable  access to schools, churches, markets, trade or community centers, and all  crossings not eliminated shall be grade separated with the through traffic  lanes of the interstate highway or the highway where the authority to  control access has been exercised to permit access only at certain selected  public roads. If the closing of a public way, as herein provided, makes it  necessary to construct a new or additional highway connection to serve the  public need, the Department and county board shall construct such  connection. When property is damaged by the closing of any public way, the  damage shall be ascertained and paid as provided by law.    (Source: P.A. 76-181.)