Illinois Compiled Statutes
605 ILCS 5/2-202 (2026)
Highway-any public way for vehicular travel which has been laid out in pursuance of any law of this State, or of the Territory of Illinois, or which has been established by dedication, or used by the public as a highway for 15 years, or which has been or may be laid out and connect a subdivision or platted land with a public highway and which has been dedicated for the use of the owners of the land included in the subdivision or platted land where there has been an acceptance and use under such dedication by such owners, and which has not been vacated in pursuance of law
✓ current as of May 2026
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(605 ILCS 5/2-202)
(from Ch. 121, par. 2-202)
Sec. 2-202.
Highway-any public way for vehicular travel which has been
laid out in pursuance of any law of this State, or of the Territory of
Illinois, or which has been established by dedication, or used by the
public as a highway for 15 years, or which has been or may be laid out and
connect a subdivision or platted land with a public highway and which has
been dedicated for the use of the owners of the land included in the
subdivision or platted land where there has been an acceptance and use
under such dedication by such owners, and which has not been vacated in
pursuance of law. The term "highway" includes rights of way, bridges,
drainage structures, signs, guard rails, protective structures, shared-use paths for nonvehicular public travel, sidewalks, bike paths, and all
other structures and appurtenances necessary or convenient for vehicular
traffic. A highway in a rural area may be called a "road", while a highway
in a municipal area may be called a "street".
(Source: P.A. 102-452, eff. 8-20-21.)
Notes of Decisions
Cited in 16
cases (6 in the last 5 years), 1994–2025 · leading case: Cohen v. Chicago Park Dist., 2017 IL 121800 (Ill. 2017).
Cohen v. Chicago Park Dist., 2017 IL 121800 (Ill. 2017). “" 605 ILCS 5/2-202 (West 2012) ; see also 625 ILCS 5/1-126, 1-179, 1-201 (West 2012) (setting out similar definitions under the Illinois Vehicle Code).”
Garcia v. Nelson, 759 N.E.2d 601 (Ill. App. Ct. 2001). “Plaintiffs asserted that there was no genuine dispute that the accident happened in the public right of way (see 605 ILCS 5/2-202 (West 1996)), which included not only the paved portion of the road but part of the grassy area alongside the pavement.”
Sparling v. Fon Du Lac Twp., 745 N.E.2d 660 (Ill. App. Ct. 2001). “Defendants raised the affirmative defense that public use of plaintiff's land had established a prescriptive easement pursuant to section 2-202 of the Illinois Highway Code (605 ILCS 5/2-202 (West 1998)). The matter proceeded to a bench trial.”
Boub v. Twp. of Wayne, 702 N.E.2d 535 (Ill. 1998). “The term `highway' includes rights of way, bridges, drainage structures, signs, guard rails, protective structures and all other structures and appurtenances necessary or convenient for vehicular traffic.”
Sisk v. Williamson Cnty., 657 N.E.2d 903 (Ill. 1995). “" The complaint further alleged that the *905 defendant, Williamson County, had negligently failed to properly maintain the "right-of-way of the roadway and the aforesaid concrete bridge by failing to cut, mow or otherwise remove weeds which had grown in and around the concrete…”
Kaskaskia Land Co., LLC v. Vandalia Levee & Drainage Dist., 2019 IL App (5th) 180403 (Ill. App. Ct. 2019). “3d at 75 (citing 605 ILCS 5/2-202 (West 2002)). The effect of this statute is to create a prescriptive easement for the public to use the road.”
Illinois Road & Transp. Builders Ass'n v. Cnty. of Cook, 2021 IL App (1st) 190396 (Ill. App. Ct. 2021). “” 605 ILCS 5/2-202 (West 2018). And “[a] highway in a rural area may be called a ‘road,’ while a highway in a municipal area may be called a ‘street.”
Sisk v. Williamson Cnty., 632 N.E.2d 672 (Ill. App. Ct. 1994). “2-202 (now 605 ILCS 5/2-202 (West 1992))) reasonably safe for vehicular and pedestrian use.”
People v. Lambert, 2019 IL App (5th) 180248 (Ill. App. Ct. 2019). “Moreover, pursuant to the Supreme Court's decree, the maps and coordinates that might have assisted an officer's attempt to locate the boundary line were presented to the governmental authorities who were specifically named in the decree.”
City of Des Plaines v. Redella (Ill. App. Ct. 2006). “The City of Des Plaines (City) sought a declaratory judgment from the trial court that Trailside Lane had become a public highway pursuant to the 15-year public use provision of section 2-202 of the Code. The trial court granted summary judgment in favor of the City.”
People v. Lambert, 2019 IL App (5th) 180248 (Ill. App. Ct. 2019). “See 605 ILCS 5/2-202, 4-201.12 (West 2014); 625 ILCS 5/11-301, 11-303 (West 2014); Ky.”
Hicks v. The Pope Cnty. Bd. of Commissioners, 2023 IL App (5th) 220733-U (Ill. App. Ct. 2023). “¶ 10 The motion for summary judgment alleged that there is no genuine issue of material fact that Hicks Road a/k/a Hicks Drive is a public highway pursuant to section 2-202 of the Illinois Highway Code (605 ILCS 5/2-202 (West 2020)), and as such, the plaintiff’s complaint for a…”
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