Wednesday, February 11th, 2015

A Reminder as to the Enforceability of Private Property Agreements

Under Illinois law, the Illinois Vehicle Code (IVC) is not enforceable on private property. However, municipalities and counties may choose to enter into private property agreements (PPAs) with private entities (i.e. shopping centers, apartment complexes, commercial and industrial facilities, churches, etc.) to enforce traffic regulations on private property. The process is that the property owner and municipality execute an agreement allowing for traffic enforcement on the private property. That agreement is then recorded.

The requirements for establishing a PPA are rather straightforward. First, the private party must own or lease the property in question. Secondly, the PPA cannot last for longer than 20 years, or the length of the lease. Finally, the agreement must be recorded. The failure to record will render the PPA unenforceable.

Home rule units have more latitude and are not strictly required to record each PPA, but an attorney should be consulted because the law is nuanced as to how to avoid the expense of recording each PPA and still comply with legal requirements.


William C. Westfall

Author: William C. Westfall