[ Back ] [ Bottom ]
91_HB1688enr
HB1688 Enrolled LRB9104018KSmg
1 AN ACT concerned with property conservation rights.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Property Tax Code is amended by changing
5 Sections 9-145 and 22-70 as follows:
6 (35 ILCS 200/9-145)
7 Sec. 9-145. Statutory level of assessment. Except in
8 counties with more than 200,000 inhabitants which classify
9 property for purposes of taxation, property shall be valued
10 as follows:
11 (a) Each tract or lot of property shall be valued
12 at 33 1/3% of its fair cash value.
13 (b) Each taxable leasehold estate shall be valued
14 at 33 1/3% of its fair cash value.
15 (c) Each building or structure which is located on
16 the right of way of any canal, railroad or other company
17 leased or granted to another company or person for a term
18 of years, shall be valued at 33 1/3% of its fair cash
19 value.
20 (d) Any property on which there is a coal or other
21 mine, or stone or other quarry, shall be valued at 33
22 1/3% of its fair cash value. Oil, gas and other
23 minerals, except coal, shall have value and be assessed
24 separately at 33 1/3% of the fair cash value of such oil,
25 gas and other minerals. Coal shall be assessed
26 separately at 33 1/3% of the coal reserve economic value,
27 as provided in Sections 10-170 through 10-200.
28 (e) In the assessment of property encumbered by
29 public easement, any depreciation occasioned by such
30 easement shall be deducted in the valuation of such
31 property. Any property dedicated as a nature preserve or
HB1688 Enrolled -2- LRB9104018KSmg
1 as a nature preserve buffer under the Illinois Natural
2 Areas Preservation Act, for the purposes of this
3 paragraph, is encumbered by a public easement and shall
4 be depreciated for assessment purposes to a level at
5 which its valuation shall be $1 per acre or portion
6 thereof.
7 This Section is subject to and modified by Sections
8 10-110 through 10-140 and 11-5 through 11-65.
9 (Source: P.A. 84-1343; 88-455.)
10 (35 ILCS 200/22-70)
11 Sec. 22-70. Easements and covenants running with the
12 land. A tax deed issued with respect to any property sold
13 under this Code shall not extinguish or affect any
14 conservation right, easement, covenant running with the land
15 or right-of-way for water, sewer, electricity, gas, telephone
16 or other public service use which was created, on or over
17 that real property before the time that property was sold
18 under this Code and which is evidenced either by a recorded
19 instrument or by wires, poles, pipes, equipment or other
20 public service facilities. When the property described in a
21 tax deed issued under this Code is a dominant or a servient
22 tenement with respect to any private easement or easements,
23 created in good faith expressly or by operation of law for
24 the benefit of a dominant tenement or tenements, with respect
25 to the easement or easements the tax deed shall have the same
26 effect as a deed of conveyance made by the owner of the
27 property to the tax deed grantee, just prior to the issuance
28 of the deed.
29 This Section does not apply to tax deeds issued because
30 the owner of any easement, covenant running with the land or
31 right-of-way has failed to pay taxes or special assessments
32 assessed for that easement, covenant running with the land or
33 right-of-way.
HB1688 Enrolled -3- LRB9104018KSmg
1 (Source: Laws 1967, p. 2744; P.A. 88-455.)
2 Section 10. The Code of Civil Procedure is amended by
3 changing Section 7-101 as follows:
4 (735 ILCS 5/7-101) (from Ch. 110, par. 7-101)
5 Sec. 7-101. Compensation - Jury. Private property shall
6 not be taken or damaged for public use without just
7 compensation, and in all cases in which compensation is not
8 made by the state in its corporate capacity, or a political
9 subdivision of the state, or municipality in its respective
10 corporate capacity, such compensation shall be ascertained by
11 a jury, as hereinafter prescribed. Where compensation is so
12 made by the state, a political subdivision of the state, or
13 municipality, any party upon application may have a trial by
14 jury to ascertain the just compensation to be paid. Such
15 demand on the part of the state, a political subdivision of
16 the state, or municipality, shall be filed with the complaint
17 for condemnation of the state, a political subdivision of the
18 state, or municipality. Where the state, a political
19 subdivision of the state, or municipality is plaintiff, a
20 defendant desirous of a trial by jury must file a demand
21 therefor on or before the return date of the summons served
22 on him or her or fixed in the publication in case of
23 defendants served by publication. In the event no party in
24 the condemnation action demands a trial by jury as provided
25 for by this Section, then the trial shall be before the court
26 without a jury. The right to just compensation as provided in
27 this Article applies to the owner or owners of any lawfully
28 erected off-premises outdoor advertising sign that is
29 compelled to be altered or removed under this Article or any
30 other statute, or under any ordinance or regulation of any
31 municipality or other unit of local government, and also
32 applies to the owner or owners of the property on which that
HB1688 Enrolled -4- LRB9104018KSmg
1 sign is erected. The right to just compensation as provided
2 in this Article applies to property subject to a conservation
3 right under the Real Property Conservation Rights Act. The
4 amount of compensation for the taking of the property shall
5 not be diminished or reduced by virtue of the existence of
6 the conservation right. The holder of the conservation right
7 shall be entitled to just compensation for the value of the
8 conservation right.
9 (Source: P.A. 87-1205.)
10 Section 15. The Real Property Conservation Rights Act is
11 amended by changing Sections 1, 2, and 4 as follows:
12 (765 ILCS 120/1) (from Ch. 30, par. 401)
13 Sec. 1. (a) A conservation right is a right, whether
14 stated in the form of a restriction, easement, covenant or
15 condition, or, without limitation, in any other form in any
16 deed, will, plat, or without limitation any other instrument
17 executed by or on behalf of the owner of land or in any
18 condemnation order of taking, appropriate to preserving: (i)
19 the significant physical character and visual
20 characteristics of structures having architectural,
21 historical, or cultural significance, together with any
22 associated real property, whether or not improved; or (ii)
23 land or water areas predominantly in their natural, scenic,
24 open or wooded condition, or as suitable habitat for fish,
25 plants, or wildlife; or (iii) the integrity of
26 archaeological sites and the artifacts or information which
27 they may contain pending properly supervised excavation and
28 investigation. Without limiting the generality of the
29 foregoing, the instrument conveying or reserving a
30 conservation right may, with respect to either the grantor or
31 grantee, require, prohibit, condition, limit or control any
32 or all of the following:
HB1688 Enrolled -5- LRB9104018KSmg
1 (1) access or public visitation;
2 (2) affirmative acts of alteration, restoration,
3 rehabilitation, repair, maintenance, investigation,
4 documentation, payment of taxes, or compliance with public
5 law and regulations;
6 (3) conditions of operation, use, restoration,
7 alteration, repair or maintenance;
8 (4) acts detrimental to the preservation of a place;
9 (5) the construction, placement, maintenance in a
10 particular condition, alteration, or removal of roads, signs,
11 billboards or other advertising, utilities or other
12 structures on or above the ground;
13 (6) the dumping or placing of soil or other substance or
14 material as landfill, or dumping or placing of trash, waste
15 or other materials;
16 (7) the excavation, dredging or removal of loam, peat,
17 gravel, soil, rock or other material substance in such manner
18 as to affect the surface or to otherwise alter the topography
19 of the area;
20 (8) the removal or destruction of trees, shrubs or other
21 vegetation;
22 (9) surface use inconsistent with preservation of water
23 or land areas, or the improvement or appurtenance thereto;
24 (10) activities affecting drainage, flood control, water
25 conservation, erosion control or soil conservation, or fish
26 and wildlife habitat preservation; or
27 (11) any other acts or uses having relation to the
28 preservation of structures, sites and water or land areas or
29 the improvements or appurtenances thereto.
30 (b) A conservation right shall be taken to include a
31 preservation restriction as that term is defined in Section
32 11-48.2-1A of the "Illinois Municipal Code", as now or
33 hereafter amended, and shall not be unenforceable on account
34 of lack of privity of estate or contract or lack of benefit
HB1688 Enrolled -6- LRB9104018KSmg
1 to particular land or on account of the benefit being
2 assigned or assignable. Conservation rights shall be
3 construed and enforced in accordance with their terms, and
4 shall be transferable and transferred, recorded and indexed,
5 in the same manner as fee simple interests in real property,
6 subject only to the limitations provided herein.
7 Conservation rights may be released by the holder of such
8 rights to the holder of the fee even though the holder of the
9 fee may not be an agency of the State, a unit of local
10 government or a not-for-profit corporation or trust.
11 The holder of a grant pursuant to this Act shall not be
12 required to record any instrument subsequent to the recording
13 of the grant in order to maintain or continue the validity of
14 the grant.
15 The holder of such rights shall also be permitted to
16 transfer or assign such rights but only to another agency of
17 the State, a unit of local government or to a not-for-profit
18 corporation or trust.
19 (Source: P.A. 80-584.)
20 (765 ILCS 120/2) (from Ch. 30, par. 402)
21 Sec. 2. Any owner of real property in this State may
22 convey a conservation right in such real property to the
23 United States or any agency of the federal government an
24 agency of the State, to a unit of local government, or to a
25 not-for-profit corporation or trust whose primary purposes
26 include the conservation of land, natural areas, open space
27 or water areas, or the preservation of native plants or
28 animals, or biotic communities, or geographic formations of
29 scientific, aesthetic, or educational interest, or the
30 preservation of buildings, structures or sites of historical,
31 architectural, archeological or cultural significance.
32 No conveyance of such conservation rights shall take
33 effect until such conveyance is accepted by the grantee.
HB1688 Enrolled -7- LRB9104018KSmg
1 Acceptance of such conservation rights may be conditioned
2 upon any requirements which are deemed proper by the grantee.
3 Such requirements may include the payment of funds by the
4 grantor to provide for the management of such conservation
5 rights.
6 (Source: P.A. 80-584.)
7 (765 ILCS 120/4) (from Ch. 30, par. 404)
8 Sec. 4. A conservation right created pursuant to this
9 Act may be enforced in an action seeking injunctive relief,
10 specific performance, or damages in the circuit court of the
11 county in which the area, place, building, structure or site
12 is located by any of the following:
13 (a) the United States or any agency of the federal
14 government, the State of Illinois, or any unit of local
15 government;
16 (b) any not-for-profit corporation or trust which owns
17 the conservation right;
18 (c) the owner of any real property abutting or within
19 500 feet of the real property subject to the conservation
20 right. Any owner of property subject to a conservation right
21 who wilfully violates any term of such conservation right
22 may, in the court's discretion, be held liable for punitive
23 damages in an amount equal to the value of the real property
24 subject thereto.
25 (Source: P.A. 80-584.)
[ Top ]