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91_HB2698enr
HB2698 Enrolled LRB9100308PTbd
1 AN ACT to amend the Township Code.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Township Code is amended by changing
5 Sections 115-5, 115-20, 115-30, 115-35, 115-40, and 115-55 as
6 follows:
7 (60 ILCS 1/115-5)
8 Sec. 115-5. Definitions. As used in this Article,
9 unless the context otherwise requires:
10 "Board" means the township board in counties having a
11 population of more than 150,000 250,000.
12 "Development of real property" means the constructing,
13 installing, planting or creating of any permanent or
14 temporary improvement of real property that has been acquired
15 for open space purposes.
16 "Open land" or "open space" means any space or area of
17 land or water of an area of 50 acres or more, the
18 preservation or the restriction of development or use of
19 which would (i) maintain or enhance the conservation of
20 natural or scenic resources; (ii) protect natural streams or
21 water supply; (iii) promote conservation of soils, wet lands,
22 or shores; (iv) afford or enhance public outdoor recreation
23 opportunities; (v) preserve flora and fauna, geological
24 features, historic sites, or other areas of educational or
25 scientific interest; (vi) enhance the value to the public of
26 abutting or neighboring highways, parks, or other public
27 lands; (vii) implement the plan of development adopted by the
28 planning commission of any municipality or county; or (viii)
29 promote orderly urban or suburban development. A township at
30 any time may release a specified parcel of land from an open
31 space plan and allow the development of the parcel to occur.
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1 Once development (as defined in Section 115-55) has
2 commenced, the land shall no longer be eligible for
3 acquisition as open space or open land.
4 "Open space plan" means the written plan adopted by the
5 board to implement an open space program and includes
6 properly adopted amendments or additions to the plan.
7 "Open space program" means the acquisition of the fee or
8 of a lesser right or interest in tracts of open land in the
9 township for open space purposes.
10 "Open space purposes" includes (i) the preservation and
11 maintenance of open land, scenic roadways, and pathways; (ii)
12 the holding of real property described in clause (i), with or
13 without public access, for the education, pleasure, and
14 recreation of the public or for other open space values;
15 (iii) the preservation of portions of that property in their
16 natural condition and the development of other portions of
17 that property; (iv) the management and use of that property
18 in a manner and with restrictions that will leave it
19 unimpaired for the benefit of future generations; and (v)
20 otherwise promoting the conservation of the nature, flora and
21 fauna, natural environment, and natural resources of the
22 township.
23 (Source: P.A. 85-1140; 88-62.)
24 (60 ILCS 1/115-20)
25 Sec. 115-20. Referendum on recommended plan; petition.
26 (a) If the board recommends adoption of the open space
27 plan, or if a petition is filed by not less than 5% or 50,
28 whichever is greater, of the registered voters of the
29 township (according to the voting registration records at the
30 time the petition is filed) recommending adoption of the open
31 space plan, then the Board, within 30 days of making of the
32 recommendation or the filing of the petition, shall file a
33 petition with the township clerk, requesting the clerk to
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1 submit to the voters of the township the question of whether
2 the township shall adopt the open space plan and enter upon
3 an open space program, with the power to acquire open land by
4 purchase, condemnation (except townships in counties having a
5 population of more than 150,000 but not more than 250,000),
6 or otherwise in the township and with the power to issue
7 bonds for those purposes under this Article. The township
8 clerk shall certify that proposition to the proper election
9 officials, who shall submit the proposition to the township
10 voters at the next regular election. The referendum shall be
11 conducted and notice given in accordance with the general
12 election law.
13 (b) The question submitted to the voters at the election
14 shall be in substantially the following form:
15 Shall (name of township) adopt the open space plan
16 considered at the public hearing on (date) and enter upon
17 an open space program, and shall the Township Board have
18 the power (i) to acquire open land by purchase, (insert
19 ", condemnation," if the township is in a county having a
20 population of more than 250,000), or otherwise, (ii) to
21 issue bonds for open space purposes in an amount not
22 exceeding 5% of the valuation of all taxable property in
23 the township, and (iii) to levy a tax to pay the
24 principal of and interest on those bonds, as provided in
25 Article 115 of the Township Code?
26 The votes shall be recorded as "Yes" or "No".
27 (c) If a majority of the voters voting at the election
28 on the question vote in favor of the question, the township
29 shall thereafter adopt the open space plan recommended by the
30 board or by the petition of the registered voters of the
31 township and shall enter upon an open space program under
32 this Article. If the proposition does not receive the
33 approval of a majority of the voters voting at the election
34 on the question, no proposition may be submitted to the
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1 voters under this Section less than 23 months after the date
2 of the election.
3 (Source: P.A. 85-1140; 88-62.)
4 (60 ILCS 1/115-30)
5 Sec. 115-30. Property within municipality; petition;
6 referendum.
7 (a) If the open space plan recommended for adoption
8 under Section 115-20 contains property that is situated
9 within the corporate boundaries of a municipality, the
10 corporate authorities of the municipality may, within 30 days
11 of the recommendation, vote to authorize the board of a
12 township in a county having a population of more than 250,000
13 to acquire by condemnation property that is situated within
14 the municipality's corporate boundaries. If the corporate
15 authorities of the municipality fail to act within that 30
16 day period, then none of the property included in the open
17 space plan that is situated within the municipality shall be
18 acquired by the board by condemnation. The municipality's
19 failure to act constitutes a denial of authority to acquire
20 that property by condemnation.
21 (b) If, within 30 days of the decision of the
22 municipality to either authorize or deny the board the
23 authority to acquire by condemnation that property included
24 in the open space plan that is situated within the corporate
25 boundaries of the municipality, a petition is filed with the
26 township clerk, signed by not less than 15% of the registered
27 voters of the municipality residing within the township
28 (according to the voting registration records at the time the
29 petition is filed), requesting that the question of whether
30 the board shall be granted authority to acquire property
31 within its corporate boundaries by condemnation be submitted
32 to the voters of the municipality residing within the
33 township, then the question shall be submitted to those
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1 voters in the form of a proposition. The petition shall state
2 the public question to be submitted and contain a common
3 description of the territory in plain and nonlegal language.
4 The description shall describe the territory by reference to
5 streets, natural or artificial landmarks, addresses, or any
6 other method that would enable a voter signing the petition
7 to be informed of the territory proposed to be acquired.
8 (c) The township clerk shall certify the proposition to
9 the proper election officials, who shall submit the
10 proposition to the voters of the municipality who reside
11 within the township. The referendum shall appear on the
12 ballot at the same election as the referendum required in
13 Section 115-20. Except as otherwise provided in this
14 Section, the referendum shall be conducted and notice given
15 in accordance with the general election law. The question
16 submitted to the voters at the election shall be in
17 substantially the following form:
18 Shall the Township Board of (name of township in a
19 county having a population of more than 250,000) have the
20 authority to acquire by condemnation open land that is
21 situated within the corporate boundaries of (name of
22 municipality) for open space purposes?
23 The votes shall be recorded as "Yes" or "No".
24 (d) The election authority shall include on the ballot
25 the description of the territory proposed to be acquired as
26 set forth in the petition. If the election authority
27 determines that the description cannot be included within the
28 space limitations of the ballot, the election authority shall
29 prepare large printed copies of a notice of the public
30 question that include the description. The notice shall be
31 prominently displayed in the polling place of each precinct
32 in which the question is to be submitted.
33 (e) If a majority of the voters voting at the election
34 on the question vote in favor of the question, then the board
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1 may acquire by condemnation open land that is situated within
2 the corporate boundaries of the municipality and included in
3 the open space plan recommended for adoption under Section
4 115-20.
5 (f) If the corporate authorities of a municipality deny
6 the board the authority to acquire by condemnation property
7 that is situated within the municipality's boundaries and the
8 referendum does not appear on the ballot at the election
9 specified in this Section, or if the proposition fails to
10 receive the vote of a majority of the voters voting on the
11 question, then the board may not acquire the property by
12 condemnation.
13 (Source: P.A. 85-1140; 88-62.)
14 (60 ILCS 1/115-35)
15 Sec. 115-35. Property contiguous to municipality;
16 petition; referendum.
17 (a) If the open space plan recommended for adoption
18 under Section 115-20 contains property that is contiguous to
19 the corporate boundaries of one or more municipalities, the
20 corporate authorities of any of those municipalities may,
21 within 30 days of the recommendation, vote to authorize the
22 board of a township in a county having a population of more
23 than 250,000 to acquire by condemnation property that is
24 contiguous to the municipality's corporate boundaries. If
25 the corporate authorities of a municipality fail to act
26 within that 30 day period, then none of the property included
27 in the open space plan that is contiguous to a municipality
28 shall be acquired by the board by condemnation. The
29 municipality's failure to act constitutes a denial of
30 authority to acquire that property by condemnation.
31 (b) If, within 30 days of the decision of the
32 municipality to either authorize or deny the board the
33 authority to acquire by condemnation that property included
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1 in the open space plan that is contiguous to the corporate
2 boundaries of the municipality, a petition is filed with the
3 township clerk, signed by not less than 15% of the registered
4 voters of the township (according to the voting registration
5 records at the time the petition is filed), requesting that
6 the question of whether the board shall be granted authority
7 to acquire property contiguous to the corporate boundaries of
8 the municipality by condemnation be submitted to the voters
9 of the township, then the question shall be submitted to
10 those voters in the form of a proposition. The petition shall
11 state the public question to be submitted and contain a
12 common description of the territory proposed to be acquired
13 in plain and nonlegal language. The description shall
14 describe the territory by reference to streets, natural or
15 artificial landmarks, addresses, or any other method that
16 would enable a voter signing the petition to be informed of
17 the territory proposed to be acquired.
18 (c) The township clerk shall certify the proposition to
19 the proper election officials, who shall submit the
20 proposition to the voters of the township. The referendum
21 shall appear on the ballot at the same election as the
22 referendum required in Section 115-20. Except as otherwise
23 provided in this Section, the referendum shall be conducted
24 and notice given in accordance with the general election law.
25 The question submitted to the voters at the election shall be
26 in substantially the following form:
27 Shall the Township Board of (name of township in a
28 county having a population of more than 250,000) have the
29 authority to acquire by condemnation open land that is
30 contiguous to the corporate boundaries of (name of
31 municipality) for open space purposes?
32 The votes shall be recorded as "Yes" or "No".
33 (d) The election authority shall include on the ballot
34 the description of the territory proposed to be acquired as
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1 set forth in the petition. If the election authority
2 determines that the description cannot be included within the
3 space limitations of the ballot, the election authority shall
4 prepare large printed copies of a notice of the public
5 question that includes the description. The notice shall be
6 prominently displayed in the polling place of each precinct
7 in which the question is to be submitted.
8 (e) If a majority of the voters voting at the election
9 on the question vote in favor of the question, then the board
10 may acquire by condemnation open land that is contiguous to
11 the corporate boundaries of the municipality or
12 municipalities and included in the open space plan
13 recommended for adoption under Section 115-20.
14 (f) If the corporate authorities of a municipality deny
15 the board the authority to acquire by condemnation property
16 that is contiguous to the municipality's boundaries and the
17 referendum does not appear on the ballot at the election
18 specified in this Section, or if the proposition fails to
19 receive the vote of a majority of the voters voting on the
20 proposition, then the board may not acquire the property by
21 condemnation.
22 (g) For purposes of this Section, "contiguous" means
23 contiguous for purposes of annexation under Article 7 of the
24 Illinois Municipal Code.
25 (Source: P.A. 85-1140; 88-62.)
26 (60 ILCS 1/115-40)
27 Sec. 115-40. Later submission of proposition to include
28 property. If in a township in a county having a population of
29 more than 250,000 a parcel of land cannot be acquired by
30 condemnation because it was not approved at an election under
31 either Section 115-30 or 115-35, that parcel can again be
32 included in a proposition only if (i) the procedures set
33 forth in Section 115-15 relating to amendments that add
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1 property to existing open space plans have been followed and
2 (ii) not less than 23 months have elapsed since the date of
3 the election at which the voters failed to approve the
4 acquisition of the parcel by condemnation.
5 (Source: P.A. 85-1140; 88-62.)
6 (60 ILCS 1/115-55)
7 Sec. 115-55. (a) The board may acquire by gift, legacy,
8 purchase, condemnation in the manner provided for the
9 exercise of the right of eminent domain under Article VII of
10 the Code of Civil Procedure and except as otherwise provided
11 in this subsection, lease, agreement, or otherwise the fee or
12 any lesser right or interest in real property that is open
13 land and may hold that property with or without public access
14 for open space, scenic roadway, pathway, outdoor recreation,
15 or other conservation benefits. No township in a county
16 having a population of more than 150,000 but not more than
17 250,000 has authority under this Article to acquire property
18 by condemnation, and no other township, however, has
19 authority under this Article to acquire by condemnation (i)
20 property that is used for farming or agricultural purposes;
21 (ii) property that is situated within the corporate limits of
22 a municipality or contiguous to one or more municipalities
23 unless approval to acquire the property by condemnation is
24 obtained under Section 115-30 or 115-35; (iii) property upon
25 which development has commenced; or (iv) property owned by a
26 religious organization, church, school, or charitable
27 organization exempt from federal taxation under Section
28 501(c)(3) of the Internal Revenue Code of 1986 or similar
29 provisions of any successor law, or any other organization
30 controlled by or affiliated with such a religious
31 organization, church, school, or charitable organization.
32 (b) For purposes of this Section:
33 (1) "Development" of property is deemed to have
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1 commenced if (i) at least 30 days before the filing of a
2 petition under Section 115-10, an application for a
3 preliminary plan or preliminary planned unit development
4 has been filed with the applicable governmental entity
5 or, if neither is required, a building permit has been
6 obtained at least 30 days before the filing of a petition
7 under Section 115-10; (ii) mass grading of the property
8 has commenced; and (iii) within 180 days of the date the
9 open space plan is recommended for approval by the board
10 under Section 115-5 or by petition of the voters under
11 Section 115-20, 115-30, or 115-35, the installation of
12 public improvements has commenced.
13 (2) "Contiguous" means contiguous for purposes of
14 annexation under Article 7 of the Illinois Municipal
15 Code.
16 (3) Real property is deemed used for farming or
17 agricultural purposes if it is more than 10 acres in area
18 and devoted primarily to (i) the raising and harvesting
19 of crops, (ii) the feeding, breeding, and management of
20 livestock, (iii) dairying, or (iv) any other agricultural
21 or horticultural use or combination of those uses, with
22 the intention of securing substantial income from those
23 activities, and has been so used for the 3 years
24 immediately preceding the filing of a condemnation
25 action. Real property used for farming or agricultural
26 purposes includes land devoted to and qualifying for
27 payments or other compensation under a soil conservation
28 program under an agreement with an agency of the federal
29 government and also includes the construction and use of
30 dwellings and other buildings customarily associated with
31 farming and agricultural uses when associated with those
32 uses.
33 (c) If a township's acquisitions of open land, or
34 interests in open land when combined with other lands in the
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1 township held for open space purposes by other governmental
2 entities, equals 30% of the total acreage of the township,
3 then the township may not acquire additional open land by
4 condemnation.
5 (d) Any parcel of land that is included in an open space
6 plan adopted by a township that has not been acquired by the
7 township under this Section within 3 years, or within 2 years
8 with respect to existing open space programs, after the later
9 of (i) July 29, 1988, or (ii) the date of the passage of the
10 referendum may not thereafter be acquired by condemnation by
11 the township under this Section, except that if an action in
12 condemnation to acquire the parcel is filed under this
13 Section within that 3 year or 2 year period, as applicable,
14 the parcel may be acquired by condemnation by the township
15 notwithstanding the fact that the condemnation action may not
16 be concluded within the 3 year or 2 year period, as
17 applicable. Notwithstanding the foregoing, if a parcel of
18 land cannot be acquired by condemnation under subsection (a)
19 because of its use for farming or agricultural purposes, the
20 3 year or 2 year period, as applicable, shall be tolled until
21 the date the parcel ceases to be used for farming or
22 agricultural purposes. Notwithstanding the foregoing, the
23 fee or any lesser right or interest in real property that is
24 open land may be acquired after the 3 year or 2 year period,
25 as applicable, by any means authorized under subsection (a)
26 other than condemnation.
27 (Source: P.A 85-1140; 86-1191; 88-62.)
28 Section 99. Effective date. This Act takes effect upon
29 becoming law.
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