State of Illinois
90th General Assembly
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90_HB2855

      765 ILCS 120/1            from Ch. 30, par. 401
      765 ILCS 120/2            from Ch. 30, par. 402
      765 ILCS 120/4            from Ch. 30, par. 404
          Amends  the  Real  Property  Conservation   Rights   Act.
      Includes  the federal government in the list of entities that
      may (i) accept the transfer  or  assignment  of  conservation
      rights,  (ii)  accept  the conveyance of conservation rights,
      and   (iii)   enforce   conservation    rights.     Effective
      immediately.
                                                     LRB9010600KDbd
                                               LRB9010600KDbd
 1        AN ACT to amend the Real Property Conservation Rights Act
 2    by changing Sections 1, 2, and 4.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Real Property Conservation Rights Act  is
 6    amended by changing Sections 1, 2, and 4 as follows:
 7        (765 ILCS 120/1) (from Ch. 30, par. 401)
 8        Sec.  1.   (a)  A  conservation right is a right, whether
 9    stated in the form of a restriction,  easement,  covenant  or
10    condition,  or,  without limitation, in any other form in any
11    deed, will, plat, or without limitation any other  instrument
12    executed  by  or  on  behalf  of  the owner of land or in any
13    condemnation order  of  taking,  appropriate  to  preserving:
14    (i)  the    significant   physical   character   and   visual
15    characteristics   of   structures    having    architectural,
16    historical,   or  cultural  significance,  together  with any
17    associated real property, whether or not  improved;  or  (ii)
18    land  or  water areas predominantly in their natural, scenic,
19    open or wooded condition, or as suitable  habitat  for  fish,
20    plants,    or    wildlife;   or   (iii)  the   integrity   of
21    archaeological sites and the artifacts or  information  which
22    they  may  contain pending properly supervised excavation and
23    investigation.   Without  limiting  the  generality  of   the
24    foregoing,   the   instrument   conveying   or   reserving  a
25    conservation right may, with respect to either the grantor or
26    grantee, require, prohibit, condition, limit or  control  any
27    or all of the following:
28        (1)  access or public visitation;
29        (2)  affirmative   acts   of   alteration,   restoration,
30    rehabilitation,     repair,    maintenance,    investigation,
31    documentation, payment of taxes, or  compliance  with  public
                            -2-                LRB9010600KDbd
 1    law and regulations;
 2        (3)  conditions    of    operation,   use,   restoration,
 3    alteration, repair or maintenance;
 4        (4)  acts detrimental to the preservation of a place;
 5        (5)  the  construction,  placement,  maintenance   in   a
 6    particular condition, alteration, or removal of roads, signs,
 7    billboards   or   other   advertising,   utilities  or  other
 8    structures on or above the ground;
 9        (6)  the dumping or placing of soil or other substance or
10    material as landfill, or dumping or placing of  trash,  waste
11    or other materials;
12        (7)  the  excavation,  dredging or removal of loam, peat,
13    gravel, soil, rock or other material substance in such manner
14    as to affect the surface or to otherwise alter the topography
15    of the area;
16        (8)  the removal or destruction of trees, shrubs or other
17    vegetation;
18        (9)  surface use inconsistent with preservation of  water
19    or land areas, or the improvement or appurtenance thereto;
20        (10)  activities affecting drainage, flood control, water
21    conservation,  erosion  control or soil conservation, or fish
22    and wildlife habitat preservation; or
23        (11)  any other acts  or  uses  having  relation  to  the
24    preservation  of structures, sites and water or land areas or
25    the improvements or appurtenances thereto.
26        (b)  A conservation right shall be  taken  to  include  a
27    preservation  restriction  as that term is defined in Section
28    11-48.2-1A of  the  "Illinois  Municipal  Code",  as  now  or
29    hereafter  amended, and shall not be unenforceable on account
30    of lack of privity of estate or contract or lack  of  benefit
31    to  particular  land  or  on  account  of  the  benefit being
32    assigned  or  assignable.   Conservation  rights   shall   be
33    construed  and  enforced  in accordance with their terms, and
34    shall be transferable and transferred, recorded and  indexed,
                            -3-                LRB9010600KDbd
 1    in  the same manner as fee simple interests in real property,
 2    subject only to the limitations provided herein.
 3        Conservation rights may be released by the holder of such
 4    rights to the holder of the fee even though the holder of the
 5    fee may not be the  federal  government,  an  agency  of  the
 6    State,  a  unit  of  local  government  or  a  not-for-profit
 7    corporation or trust.
 8        The  holder  of  such  rights  shall also be permitted to
 9    transfer or assign  such  rights  but  only  to  the  federal
10    government,  another  agency  of  the  State, a unit of local
11    government or to a not-for-profit corporation or trust.
12    (Source: P.A. 80-584.)
13        (765 ILCS 120/2) (from Ch. 30, par. 402)
14        Sec. 2. Any owner of real  property  in  this  State  may
15    convey  a  conservation  right  in  such real property to the
16    federal government, an agency of the  State,  to  a  unit  of
17    local government, or to a not-for-profit corporation or trust
18    whose  primary  purposes  include  the  conservation of land,
19    natural areas, open space or water areas, or the preservation
20    of native  plants  or  animals,  or  biotic  communities,  or
21    geographic    formations   of   scientific,   aesthetic,   or
22    educational  interest,  or  the  preservation  of  buildings,
23    structures   or   sites   of    historical,    architectural,
24    archeological or cultural significance.
25        No  conveyance  of  such  conservation  rights shall take
26    effect until such conveyance  is  accepted  by  the  grantee.
27    Acceptance  of  such  conservation  rights may be conditioned
28    upon any requirements which are deemed proper by the grantee.
29    Such requirements may include the payment  of  funds  by  the
30    grantor  to  provide  for the management of such conservation
31    rights.
32    (Source: P.A. 80-584.)
                            -4-                LRB9010600KDbd
 1        (765 ILCS 120/4) (from Ch. 30, par. 404)
 2        Sec. 4.  A conservation right created  pursuant  to  this
 3    Act  may  be enforced in an action seeking injunctive relief,
 4    specific performance, or damages in the circuit court of  the
 5    county  in which the area, place, building, structure or site
 6    is located by any of the following:
 7        (a)  the federal government, the State  of  Illinois,  or
 8    any unit of local government;
 9        (b)  any  not-for-profit  corporation or trust which owns
10    the conservation right;
11        (c)  the owner of any real property  abutting  or  within
12    500  feet  of  the  real property subject to the conservation
13    right.  Any owner of property subject to a conservation right
14    who wilfully violates any term  of  such  conservation  right
15    may,  in  the court's discretion, be held liable for punitive
16    damages in an amount equal to the value of the real  property
17    subject thereto.
18    (Source: P.A. 80-584.)
19        Section  99.  Effective date.  This Act takes effect upon
20    becoming law.

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