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91_HB2698sam001
LRB9100308PTdvam01
1 AMENDMENT TO HOUSE BILL 2698
2 AMENDMENT NO. . Amend House Bill 2698 on page 1, by
3 replacing lines 1 and 2 with the following:
4 "AN ACT to amend the Township Code."; and
5 on page 1, by replacing line 6 with the following:
6 "Sections 115-5, 115-20, 115-30, 115-35, 115-40, and 115-55
7 as follows:"; and
8 on page 2, below line 23, by inserting the following:
9 "(60 ILCS 1/115-20)
10 Sec. 115-20. Referendum on recommended plan; petition.
11 (a) If the board recommends adoption of the open space
12 plan, or if a petition is filed by not less than 5% or 50,
13 whichever is greater, of the registered voters of the
14 township (according to the voting registration records at the
15 time the petition is filed) recommending adoption of the open
16 space plan, then the Board, within 30 days of making of the
17 recommendation or the filing of the petition, shall file a
18 petition with the township clerk, requesting the clerk to
19 submit to the voters of the township the question of whether
20 the township shall adopt the open space plan and enter upon
21 an open space program, with the power to acquire open land by
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1 purchase, condemnation (except townships in counties having a
2 population of more than 150,000 but not more than 250,000),
3 or otherwise in the township and with the power to issue
4 bonds for those purposes under this Article. The township
5 clerk shall certify that proposition to the proper election
6 officials, who shall submit the proposition to the township
7 voters at the next regular election. The referendum shall be
8 conducted and notice given in accordance with the general
9 election law.
10 (b) The question submitted to the voters at the election
11 shall be in substantially the following form:
12 Shall (name of township) adopt the open space plan
13 considered at the public hearing on (date) and enter upon
14 an open space program, and shall the Township Board have
15 the power (i) to acquire open land by purchase, (insert
16 ", condemnation," if the township is in a county having a
17 population of more than 250,000), or otherwise, (ii) to
18 issue bonds for open space purposes in an amount not
19 exceeding 5% of the valuation of all taxable property in
20 the township, and (iii) to levy a tax to pay the
21 principal of and interest on those bonds, as provided in
22 Article 115 of the Township Code?
23 The votes shall be recorded as "Yes" or "No".
24 (c) If a majority of the voters voting at the election
25 on the question vote in favor of the question, the township
26 shall thereafter adopt the open space plan recommended by the
27 board or by the petition of the registered voters of the
28 township and shall enter upon an open space program under
29 this Article. If the proposition does not receive the
30 approval of a majority of the voters voting at the election
31 on the question, no proposition may be submitted to the
32 voters under this Section less than 23 months after the date
33 of the election.
34 (Source: P.A. 85-1140; 88-62.)
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1 (60 ILCS 1/115-30)
2 Sec. 115-30. Property within municipality; petition;
3 referendum.
4 (a) If the open space plan recommended for adoption
5 under Section 115-20 contains property that is situated
6 within the corporate boundaries of a municipality, the
7 corporate authorities of the municipality may, within 30 days
8 of the recommendation, vote to authorize the board of a
9 township in a county having a population of more than 250,000
10 to acquire by condemnation property that is situated within
11 the municipality's corporate boundaries. If the corporate
12 authorities of the municipality fail to act within that 30
13 day period, then none of the property included in the open
14 space plan that is situated within the municipality shall be
15 acquired by the board by condemnation. The municipality's
16 failure to act constitutes a denial of authority to acquire
17 that property by condemnation.
18 (b) If, within 30 days of the decision of the
19 municipality to either authorize or deny the board the
20 authority to acquire by condemnation that property included
21 in the open space plan that is situated within the corporate
22 boundaries of the municipality, a petition is filed with the
23 township clerk, signed by not less than 15% of the registered
24 voters of the municipality residing within the township
25 (according to the voting registration records at the time the
26 petition is filed), requesting that the question of whether
27 the board shall be granted authority to acquire property
28 within its corporate boundaries by condemnation be submitted
29 to the voters of the municipality residing within the
30 township, then the question shall be submitted to those
31 voters in the form of a proposition. The petition shall state
32 the public question to be submitted and contain a common
33 description of the territory in plain and nonlegal language.
34 The description shall describe the territory by reference to
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1 streets, natural or artificial landmarks, addresses, or any
2 other method that would enable a voter signing the petition
3 to be informed of the territory proposed to be acquired.
4 (c) The township clerk shall certify the proposition to
5 the proper election officials, who shall submit the
6 proposition to the voters of the municipality who reside
7 within the township. The referendum shall appear on the
8 ballot at the same election as the referendum required in
9 Section 115-20. Except as otherwise provided in this
10 Section, the referendum shall be conducted and notice given
11 in accordance with the general election law. The question
12 submitted to the voters at the election shall be in
13 substantially the following form:
14 Shall the Township Board of (name of township in a
15 county having a population of more than 250,000) have the
16 authority to acquire by condemnation open land that is
17 situated within the corporate boundaries of (name of
18 municipality) for open space purposes?
19 The votes shall be recorded as "Yes" or "No".
20 (d) The election authority shall include on the ballot
21 the description of the territory proposed to be acquired as
22 set forth in the petition. If the election authority
23 determines that the description cannot be included within the
24 space limitations of the ballot, the election authority shall
25 prepare large printed copies of a notice of the public
26 question that include the description. The notice shall be
27 prominently displayed in the polling place of each precinct
28 in which the question is to be submitted.
29 (e) If a majority of the voters voting at the election
30 on the question vote in favor of the question, then the board
31 may acquire by condemnation open land that is situated within
32 the corporate boundaries of the municipality and included in
33 the open space plan recommended for adoption under Section
34 115-20.
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1 (f) If the corporate authorities of a municipality deny
2 the board the authority to acquire by condemnation property
3 that is situated within the municipality's boundaries and the
4 referendum does not appear on the ballot at the election
5 specified in this Section, or if the proposition fails to
6 receive the vote of a majority of the voters voting on the
7 question, then the board may not acquire the property by
8 condemnation.
9 (Source: P.A. 85-1140; 88-62.)
10 (60 ILCS 1/115-35)
11 Sec. 115-35. Property contiguous to municipality;
12 petition; referendum.
13 (a) If the open space plan recommended for adoption
14 under Section 115-20 contains property that is contiguous to
15 the corporate boundaries of one or more municipalities, the
16 corporate authorities of any of those municipalities may,
17 within 30 days of the recommendation, vote to authorize the
18 board of a township in a county having a population of more
19 than 250,000 to acquire by condemnation property that is
20 contiguous to the municipality's corporate boundaries. If
21 the corporate authorities of a municipality fail to act
22 within that 30 day period, then none of the property included
23 in the open space plan that is contiguous to a municipality
24 shall be acquired by the board by condemnation. The
25 municipality's failure to act constitutes a denial of
26 authority to acquire that property by condemnation.
27 (b) If, within 30 days of the decision of the
28 municipality to either authorize or deny the board the
29 authority to acquire by condemnation that property included
30 in the open space plan that is contiguous to the corporate
31 boundaries of the municipality, a petition is filed with the
32 township clerk, signed by not less than 15% of the registered
33 voters of the township (according to the voting registration
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1 records at the time the petition is filed), requesting that
2 the question of whether the board shall be granted authority
3 to acquire property contiguous to the corporate boundaries of
4 the municipality by condemnation be submitted to the voters
5 of the township, then the question shall be submitted to
6 those voters in the form of a proposition. The petition shall
7 state the public question to be submitted and contain a
8 common description of the territory proposed to be acquired
9 in plain and nonlegal language. The description shall
10 describe the territory by reference to streets, natural or
11 artificial landmarks, addresses, or any other method that
12 would enable a voter signing the petition to be informed of
13 the territory proposed to be acquired.
14 (c) The township clerk shall certify the proposition to
15 the proper election officials, who shall submit the
16 proposition to the voters of the township. The referendum
17 shall appear on the ballot at the same election as the
18 referendum required in Section 115-20. Except as otherwise
19 provided in this Section, the referendum shall be conducted
20 and notice given in accordance with the general election law.
21 The question submitted to the voters at the election shall be
22 in substantially the following form:
23 Shall the Township Board of (name of township in a
24 county having a population of more than 250,000) have the
25 authority to acquire by condemnation open land that is
26 contiguous to the corporate boundaries of (name of
27 municipality) for open space purposes?
28 The votes shall be recorded as "Yes" or "No".
29 (d) The election authority shall include on the ballot
30 the description of the territory proposed to be acquired as
31 set forth in the petition. If the election authority
32 determines that the description cannot be included within the
33 space limitations of the ballot, the election authority shall
34 prepare large printed copies of a notice of the public
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1 question that includes the description. The notice shall be
2 prominently displayed in the polling place of each precinct
3 in which the question is to be submitted.
4 (e) If a majority of the voters voting at the election
5 on the question vote in favor of the question, then the board
6 may acquire by condemnation open land that is contiguous to
7 the corporate boundaries of the municipality or
8 municipalities and included in the open space plan
9 recommended for adoption under Section 115-20.
10 (f) If the corporate authorities of a municipality deny
11 the board the authority to acquire by condemnation property
12 that is contiguous to the municipality's boundaries and the
13 referendum does not appear on the ballot at the election
14 specified in this Section, or if the proposition fails to
15 receive the vote of a majority of the voters voting on the
16 proposition, then the board may not acquire the property by
17 condemnation.
18 (g) For purposes of this Section, "contiguous" means
19 contiguous for purposes of annexation under Article 7 of the
20 Illinois Municipal Code.
21 (Source: P.A. 85-1140; 88-62.)
22 (60 ILCS 1/115-40)
23 Sec. 115-40. Later submission of proposition to include
24 property. If in a township in a county having a population of
25 more than 250,000 a parcel of land cannot be acquired by
26 condemnation because it was not approved at an election under
27 either Section 115-30 or 115-35, that parcel can again be
28 included in a proposition only if (i) the procedures set
29 forth in Section 115-15 relating to amendments that add
30 property to existing open space plans have been followed and
31 (ii) not less than 23 months have elapsed since the date of
32 the election at which the voters failed to approve the
33 acquisition of the parcel by condemnation.
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1 (Source: P.A. 85-1140; 88-62.)
2 (60 ILCS 1/115-55)
3 Sec. 115-55. (a) The board may acquire by gift, legacy,
4 purchase, condemnation in the manner provided for the
5 exercise of the right of eminent domain under Article VII of
6 the Code of Civil Procedure and except as otherwise provided
7 in this subsection, lease, agreement, or otherwise the fee or
8 any lesser right or interest in real property that is open
9 land and may hold that property with or without public access
10 for open space, scenic roadway, pathway, outdoor recreation,
11 or other conservation benefits. No township in a county
12 having a population of more than 150,000 but not more than
13 250,000 has authority under this Article to acquire property
14 by condemnation, and no other township, however, has
15 authority under this Article to acquire by condemnation (i)
16 property that is used for farming or agricultural purposes;
17 (ii) property that is situated within the corporate limits of
18 a municipality or contiguous to one or more municipalities
19 unless approval to acquire the property by condemnation is
20 obtained under Section 115-30 or 115-35; (iii) property upon
21 which development has commenced; or (iv) property owned by a
22 religious organization, church, school, or charitable
23 organization exempt from federal taxation under Section
24 501(c)(3) of the Internal Revenue Code of 1986 or similar
25 provisions of any successor law, or any other organization
26 controlled by or affiliated with such a religious
27 organization, church, school, or charitable organization.
28 (b) For purposes of this Section:
29 (1) "Development" of property is deemed to have
30 commenced if (i) at least 30 days before the filing of a
31 petition under Section 115-10, an application for a
32 preliminary plan or preliminary planned unit development
33 has been filed with the applicable governmental entity
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1 or, if neither is required, a building permit has been
2 obtained at least 30 days before the filing of a petition
3 under Section 115-10; (ii) mass grading of the property
4 has commenced; and (iii) within 180 days of the date the
5 open space plan is recommended for approval by the board
6 under Section 115-5 or by petition of the voters under
7 Section 115-20, 115-30, or 115-35, the installation of
8 public improvements has commenced.
9 (2) "Contiguous" means contiguous for purposes of
10 annexation under Article 7 of the Illinois Municipal
11 Code.
12 (3) Real property is deemed used for farming or
13 agricultural purposes if it is more than 10 acres in area
14 and devoted primarily to (i) the raising and harvesting
15 of crops, (ii) the feeding, breeding, and management of
16 livestock, (iii) dairying, or (iv) any other agricultural
17 or horticultural use or combination of those uses, with
18 the intention of securing substantial income from those
19 activities, and has been so used for the 3 years
20 immediately preceding the filing of a condemnation
21 action. Real property used for farming or agricultural
22 purposes includes land devoted to and qualifying for
23 payments or other compensation under a soil conservation
24 program under an agreement with an agency of the federal
25 government and also includes the construction and use of
26 dwellings and other buildings customarily associated with
27 farming and agricultural uses when associated with those
28 uses.
29 (c) If a township's acquisitions of open land, or
30 interests in open land when combined with other lands in the
31 township held for open space purposes by other governmental
32 entities, equals 30% of the total acreage of the township,
33 then the township may not acquire additional open land by
34 condemnation.
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1 (d) Any parcel of land that is included in an open space
2 plan adopted by a township that has not been acquired by the
3 township under this Section within 3 years, or within 2 years
4 with respect to existing open space programs, after the later
5 of (i) July 29, 1988, or (ii) the date of the passage of the
6 referendum may not thereafter be acquired by condemnation by
7 the township under this Section, except that if an action in
8 condemnation to acquire the parcel is filed under this
9 Section within that 3 year or 2 year period, as applicable,
10 the parcel may be acquired by condemnation by the township
11 notwithstanding the fact that the condemnation action may not
12 be concluded within the 3 year or 2 year period, as
13 applicable. Notwithstanding the foregoing, if a parcel of
14 land cannot be acquired by condemnation under subsection (a)
15 because of its use for farming or agricultural purposes, the
16 3 year or 2 year period, as applicable, shall be tolled until
17 the date the parcel ceases to be used for farming or
18 agricultural purposes. Notwithstanding the foregoing, the
19 fee or any lesser right or interest in real property that is
20 open land may be acquired after the 3 year or 2 year period,
21 as applicable, by any means authorized under subsection (a)
22 other than condemnation.
23 (Source: P.A. 85-1140; 86-1191; 88-62.)".