The “Vacation Process” for Chicago streets and alleyways

Street vacation is the legal process by which a city formally transfers, in whole or in part, the public right of way to an adjacent property owner. This is typically done when the public interest is better served by the city relinquishing the real estate to a private user. The process to vacate a street in Chicago is overseen by the Department of Transportation (CDOT) Project Development Division’s Street and Alley Vacation Program. This program has four categories of use – commercial and residential, intergovernmental, not for profit and industrial. Each program category differs in purpose, qualifications and typical use.

Street vacation for commercial and residential use is available to adjacent owners for site expansion, parking, security or other accessory uses that will improve the operation of the participating company or homeowner.

Not for profit street vacation may be granted to not for profit organizations for purposes of expansion and modernization, vehicle and bicycle parking for employees and clients, walkways, security, landscaping and campus improvement and other accessory uses beneficial to the organization or the public. The benefits of the not for profit vacation program are not realized solely by the participating organization, as the public good is also served by the organization’s activities.

City entities may be granted street vacation to serve the changing needs of the public. The intergovernmental entity must be a City of Chicago department or a City agency, such as the CTA.

Street vacation for industrial uses may be utilized for plant expansion, modernization, employee parking, security, truck staging and accessory uses likely to improve the operations of the participating entity. Like the not for profit use category, the benefits of this program are realized by the city through job retention, expanded property tax base, reduced illegal dumping and crime prevention. Uses must be exclusively industrial; projects that include any commercial or residential element must be processed under the commercial and residential program.

Separately, the Department of Public Health and Safety issues PlayStreet grants, which allow residents in prioritized community areas to establish short-term street closures and traffic restrictions for safe play.

After a vacation application is submitted, either electronically or by mail, CDOT coordinates internal review to ensure satisfaction with program guidelines, followed by an agency review to facilitate negotiations with any involved member entities. Approved proposals proceed to City Council for legislative action and once passed, the transfer is recorded with the Cook County Clerk. The typical timeline from CDOT’s receipt of a complete application package to final processing is approximately ten months.

Chuhak & Tecson real estate attorneys have wide-ranging experience and knowledge. Please contact us should you have questions about any real estate matter. We stand ready to assist you in all your real estate issues.

Client alert authored by Kevin M. Coyne (312 855 5441) Principal, with research and drafting assistance by Katie Bendalin (312 855 4335), Law Clerk.

This Chuhak & Tecson, P.C. communication is intended only to provide information regarding developments in the law and information of general interest. It is not intended to constitute advice regarding legal problems and should not be relied upon as such.