2023 Illinois Compiled Statutes › Chapter 605 - ROADS AND BRIDGES › 605 ILCS 5/ - Illinois Highway Code. › Article 8 - Freeways

(605 ILCS 5/Art. 8 heading)
ARTICLE 8.  
		FREEWAYS
(605 ILCS 5/8-101) (from Ch. 121, par. 8-101)
Sec. 8-101. 
		
		The Department, the county board of any county, or the
corporate authorities of any municipality are hereby authorized, when the
safety and convenience of highway traffic will be promoted and the public
interest subserved thereby, to designate and establish any existing or
proposed highway under each of their respective jurisdiction and control
and for the maintenance of which any one of which aforesaid governmental
authorities is or will be wholly responsible as a freeway, and to plan,
locate, relocate, construct, reconstruct, maintain, alter, improve, vacate
and regulate the use of such freeway in the same manner as they now are or
hereafter may be authorized by law relating to highways under their
respective jurisdiction and control. The Department, the county board of
any county, or the corporate authorities of any municipality are further
authorized to include in the foregoing freeway designation such related
portions of intersecting highways, roads, streets and other public ways not
under their jurisdiction and control and for the maintenance of which they
are not wholly responsible, as require such designation to promote the
safety and convenience of highway traffic.
(Source: Laws 1965, p. 978.)
(605 ILCS 5/8-102) (from Ch. 121, par. 8-102)
Sec. 8-102. 
		
		When an existing highway has been designated and established as
a freeway as provided in this Article, no owner of or person having
interest in land abutting such freeway shall lay out, provide or construct
any new means or enlarge or extend any existing means of ingress to or
egress from said abutting land from or to the freeway except upon written
consent of the Department, any county board or the corporate authorities of
any municipality, as the case may be, and the Department, county board, or
the corporate authorities of any municipality, as the case may be, shall
have full authority to deny their respective consent or to specify and
enforce the terms and conditions under which new means of ingress or egress
may be provided or existing means enlarged or extended. The Department, the
county board, or the corporate authorities of any municipality, as the case
may be, shall also have authority to extinguish by purchase or condemnation
any existing rights or easements of access, crossing, light, air or view
to, from or over the freeway vested in abutting land, in the same manner as
the Department, county board, or corporate authorities of any municipality
now is or hereafter may be authorized by law to acquire private property
and property rights in connection with highways under their respective
jurisdiction and control.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/8-103) (from Ch. 121, par. 8-103)
Sec. 8-103. 
		
		When a proposed highway is designated and established as a
freeway as provided in this Article, the Department, the county board, or
the corporate authorities of any municipality shall have the right to
acquire by purchase or condemnation, in the manner the Department, county
board, or corporate authorities of any municipality now is or hereafter may
be authorized by law, all property and property rights necessary for the
location, construction, maintenance and use of such freeway, including any
rights or easements of access, crossing, light, air or view to, from or
over the freeway vested in property not so taken and abutting the freeway.
However, the Department, county board, or corporate authorities of any
municipality, as the case may be, may designate by agreement or stipulation
points at which access will be permitted from the abutting property to the
freeway and specify and enforce the terms and conditions thereof.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/8-104) (from Ch. 121, par. 8-104)
Sec. 8-104. 
		
		Whenever property held under one ownership is severed by a
freeway, the Department, the county board, or the corporate authorities of
any municipality, as the case may be, may grant a limited or restricted
easement permitting crossing of the freeway at a designated location and
under specified terms and conditions to be used solely for passage from one
severed tract to the other. If such severed tracts at any time cease to be
held under one ownership, the Department, county board, or corporate
authorities of any municipality, as the case may be, may terminate and
revoke such easement.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/8-105) (from Ch. 121, par. 8-105)
Sec. 8-105. 
		
		In connection with the development of any freeway, the
Department, the county board, or the corporate authorities of any
municipality, as the case may be, is authorized, when traffic conditions
justify, to lay out and construct local service drives or to designate
existing highways or streets as local service drives to provide access to
the freeway from adjacent areas at entrances provided for that purpose by
the Department, county board, or the corporate authorities of any
municipality or to provide access to any existing highway, road, street,
alley or other public way from adjacent areas. Such local service drives
shall be of appropriate design and construction and shall be separated from
the freeway by parkways, curbs or other effective devices.
(Source: Laws 1965, p. 2825.)
(605 ILCS 5/8-106) (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.)
(605 ILCS 5/8-107) (from Ch. 121, par. 8-107)
Sec. 8-107. 
		
		No new highway or other public way shall be opened into or
connect with or be carried over or under any freeway until and unless the
Department, the county board, or the corporate authorities of any
municipality, as the case may be, consents thereto in writing, and the
Department, county board, or the corporate authorities of any municipality,
as the case may be, may give or withhold their respective consent or fix
such terms and conditions as will best subserve the public interest.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/8-107.1) (from Ch. 121, par. 8-107.1)
Sec. 8-107.1. 
		
		Subject to regulations prescribed by the Department, county  board, or the corporate authorities of any municipality, as the case may
be, such highway authority may issue permits to a telephone company for the
establishment of telephone service within the rights-of-way of fully
controlled access highways at points where proper access to and from the
main traveled lanes has been established, and where such facilities are
necessary to the safety and welfare of the highway users.
(Source: Laws 1959, p. 1799.)
(605 ILCS 5/8-108) (from Ch. 121, par. 8-108)
Sec. 8-108. 
		
		Any highway which prior to the effective date of this Code was
a freeway shall continue to be a freeway under the provisions of this
Article.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/8-109) (from Ch. 121, par. 8-109)
Sec. 8-109. 
		
		The provisions of this Article are cumulative and shall be
considered as conferring additional powers on the Department, the county
board of any county, or the corporate authorities of any municipality and
not as limitations upon powers now exercised by the Department, county
board, or corporate authorities of any municipality with respect to
highways under their respective jurisdiction and control.
(Source: Laws 1959, p. 196.)