(a) In every proceeding under Division 9-2 of the Illinois Municipal Code, as amended, for a local improvement consisting only of the taking or damaging of property for the purpose of opening, extending or widening any public way, where the court enters an order granting the city the right to take possession of or to damage the subject property and where the appropriate compensation has been made or deposited as provided by law, the commissioner of transportation shall remove or cause to be removed from the subject property any building or part of a building situated thereon.
(b) To the extent necessary, the commissioner shall cause the removal, alteration or shifting of any structure, sidewalk, pavement, curb, fence or other object on the property subject to proceedings described in subsection (a), or on any public way intersecting the property, if the structure, sidewalk, pavement, curb, fence or object obstructs public travel on, to or from the subject property or any intersecting public way. The commissioner shall take all necessary actions to make the subject property and all public intersections or connections thereto passable to public travel.
(c) If at the time the order of possession of property as described in subsection (a) is entered, an additional proceeding under Division 9-2 of the Illinois Municipal Code, as amended, is either pending or has been confirmed for paving or otherwise improving the subject property, then the commissioner shall do or cause to be done only the amount of work described in subsection (b) that is not included in the latter proceeding. If the latter proceeding is not confirmed by the court or is withdrawn, the commissioner shall do or cause to be done the remainder of the work described in subsection (b).
(d) This section shall be applied as a supplement to, and not in conflict with, provisions of law authorizing the board of local improvements to make improvements to be paid for in whole or in part by special assessment.
(Added Coun. J. 12-11-91, p. 10828; Amend Coun. J. 3-31-04, p. 20916, § 4.7)