Illinois Compiled Statutes
605 ILCS 5/4-203 (2026)
The Department may, in its discretion and as funds become available for construction and maintenance, add additional highways to the State highway system by laying out new highways or taking over highways from the county highway system, the township and district road system or the municipal street system; but such highways so taken over into the State highway system shall be highways which form a logical part of the State highway system for traffic purposes
✓ current as of May 2026
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(605 ILCS 5/4-203)
(from Ch. 121, par. 4-203)
Sec. 4-203.
The Department may, in its discretion and as funds become
available for construction and maintenance, add additional highways to the
State highway system by laying out new highways or taking
over highways
from the county highway system, the township and district road system or
the municipal street system; but such
highways so taken over into the State
highway system shall be highways which form a logical
part of the State
highway system for traffic purposes. Before any such highway is taken over
the Department shall notify the proper local officials in writing of its
intention to do so and the date when it will assume the maintenance and
care of such highway. Whenever any part or portion of any
such highway
which is situated within the corporate limits of any municipality is
hereafter or has heretofore been taken over, the Department shall have
exclusive jurisdiction and control over only that part of such highway
which the Department has constructed, or which the local authority has
constructed and which has been taken over by the Department, and for the
maintenance of which the Department is responsible, including the
hard-surfaced slab, shoulders and drainage ditches. Whenever any
municipality shall construct with a durable hard surface the remaining
portion of a street, a part of which has been improved with a durable hard
surface by the Department, or taken over by it, then in that case the
Department shall have jurisdiction and control over only that portion of
the street over which it did construct the durable hard surface or that
part which it took over from the municipality.
(Source: P.A. 89-683, eff. 6-1-97; 90-6, eff. 6-3-97.)
Notes of Decisions
Cited in 2
cases, 2020–2020 · leading case: Grabinski v. Forest Preserve Dist., 2020 IL App (1st) 191267 (Ill. App. Ct. 2020).
Grabinski v. Forest Preserve Dist., 2020 IL App (1st) 191267 (Ill. App. Ct. 2020). “3d 453 (1981), and section 4-203 of the Illinois Highway Code (Highway Code) (605 ILCS 5/4-203 (West 2016)), the trial court held that neither the Forest Preserve, ComEd, nor Intren had a concurrent duty to maintain the road or its drainage system.”
Grabinski v. Forest Preserve Dist., 2020 IL App (1st) 191267 (Ill. App. Ct. 2020). “3d 453 (1981), and section 4-203 of the Illinois Highway Code (Highway Code) (605 ILCS 5/4-203 (West 2016)), the trial court held that neither the Forest Preserve, ComEd, nor Intren had a concurrent duty to maintain the road or its drainage system.”
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